Last updated: August 4, 2025
Introduction
Patent CN113368092 pertains to a novel pharmaceutical invention filed within China’s intellectual property framework, likely concerning a specific compound, formulation, or method of use. For stakeholders—including biotech firms, pharmaceutical companies, and patent analysts—understanding its scope, claims, and the broader patent landscape is essential for evaluating potential infringement risks, licensing opportunities, and competitive positioning.
This report dissects the patent’s scope, incluyendo claims and technological coverage, reviews its positioning within China's patent environment, and interprets its implications for the pharmaceutical patent landscape.
Patent Overview and Context
China's patent classification system, governed by the Chinese National Intellectual Property Administration (CNIPA), categorizes pharmaceutical patents primarily within classes such as A61 (medical or veterinary science), C07, and C07D (organic compounds and medicinal compounds). CN113368092 falls under this domain, likely with claims focused on a specific compound or therapeutic method.
Patent applications in China are published 18 months after priority, with granted patents providing 20 years of enforceable rights from the filing date. The analysis herein assumes CN113368092 has been granted and published, providing an enforceable scope of rights.
Scope of the Patent: Claims and Technological Coverage
1. Claims Analysis
Chinese pharmaceutical patents often comprise multiple claims—independent and dependent—that define the scope of protection.
Primary (Independent) Claims
The core claims typically define:
- Compound or chemical entity: A specific molecular structure, often with unique substituents or stereochemistry.
- Method of synthesis: Steps for producing the compound.
- Therapeutic use or indication: Specific diseases or conditions treated by the compound.
- Formulation aspects: Dosing forms, delivery systems or excipient combinations.
Dependent Claims
Dependent claims narrow down the scope, adding limitations or specific embodiments, such as:
- Particular substituents on a core compound.
- Specific methods of preparation.
- Specific dosing regimens or administration routes.
- Particular formulations or combination therapies.
2. Hypothetical Claim Structure for CN113368092
While the precise wording of CN113368092 isn’t provided here, typical claims may include:
- A compound of formula (I), wherein the substituents are defined within a specified range, exhibiting pharmacological activity against [target disease].
- A method of synthesizing the compound, involving steps A, B, C.
- A pharmaceutical composition comprising the compound and a pharmaceutically acceptable carrier.
- Use of the compound in treating [disease/condition].
Scope Interpretation
The overall scope hinges on the breadth of the independent claims. Broader claims—e.g., a genus of compounds or general methods—offer wider protection but require narrower, enabling dependent claims. Narrow claims protect specific embodiments but limit potential infringement scenarios.
3. Claim Construction and Legislative Standards
Chinese patent law emphasizes sufficiency of disclosure and novelty/non-obviousness. The scope of claims must align with the detailed description, and they must be precise enough for third parties to ascertain infringement.
Given the competitive landscape, an overly broad claim may be vulnerable to invalidation, whereas overly narrow claims can limit enforceability.
Patent Landscape in China for Related Pharmaceutical Technologies
1. Patent Family and Related Applications
A comprehensive landscape analysis reveals whether CN113368092 is part of a patent family with counterparts in major jurisdictions (e.g., US, EP, JP), indicating potential for international patent rights.
If the inventors filed divisional or continuation applications, it could suggest efforts to broaden protection or strategically position the patent family.
2. Competitor Patents and Landscape
Analysis of prior art and subsequent patents reveals:
- Existing compounds or formulations with similar structures.
- Use of known scaffolds for treating related indications.
- Patent clusters around [target disease], such as oncology or neurology.
This landscape influences the patent’s novelty and inventive step, alongside its enforceability.
3. Patent Validity and enforceability
The patent's validity hinges on:
- Novelty: The claim must distinguish from prior art.
- Inventive step: The invention must not be obvious to experts.
- Sufficient disclosure: The patent must enable a person skilled in the art to replicate the invention.
Patent invalidation risks may arise from prior Chinese publications, international patent applications, or public knowledge.
Implications and Strategic Considerations
1. Innovation Positioning
CN113368092’s claims, if broad, may grant substantial market exclusivity, but they also face scrutiny regarding prior art. Narrower, well-defined claims can strengthen enforceability and reduce invalidation risks.
2. Competitive Landscape
Given China's active pharmaceutical patent environment, competitors likely hold related patents on similar compounds or methods. A thorough freedom-to-operate analysis should include:
- Cross-referencing CN113368092 with existing Chinese patents.
- Evaluating potential patent thickets.
- Identifying avenues for designing around the patent.
3. Strategic Use of the Patent
Potential uses include:
- Licensing negotiations with the patent holder.
- Defensive patenting to prevent infringement.
- Asserts patent rights against competitors developing similar drugs.
4. Patent Enforcement and Limitations
Chinese patent law permits patent enforcement through civil, administrative, or criminal proceedings. The patent’s enforceability requires active monitoring for potential infringement.
Conclusion
CN113368092 encapsulates a strategic pharmaceutical patent with claims likely targeting specific chemical entities or therapeutic uses. Its scope, determined primarily by its independent claims, defines the extent of monopoly protection. Understanding the precise wording and limitations is essential for assessing infringement risks and licensing opportunities.
The patent landscape indicates a competitive field with numerous related patents, requiring rigorous freedom-to-operate and validity analyses. Its enforceability hinges on robustness against prior art and clear claim construction.
Key Takeaways
- Claim Breadth and Specificity: Broader claims increase market protection but face higher invalidation risks; narrower claims are safer but limit scope.
- Patent Positioning: Strategic alignments with international filings can expand market reach.
- Landscape Awareness: Continuous monitoring of related patents and prior art is essential for maintaining competitive advantage.
- Red Flags: Prior art disclosures, overlapping claims, or vague claim language could threaten patent validity.
- Due Diligence: Engage in comprehensive patent searches and validity assessments to inform licensing or litigation strategies.
Frequently Asked Questions
Q1: What is the typical scope of pharmaceutical patents like CN113368092?
A: They often cover specific chemical compounds, methods of synthesis, therapeutic uses, and formulations. The scope depends on independent claims’ breadth, with dependent claims narrowing protection.
Q2: How does a patent like CN113368092 fit within China's broader pharmaceutical patent landscape?
A: It operates amidst numerous patents on similar compounds and indications. Its uniqueness depends on its novelty and inventive steps; strategic positioning can confer competitive advantages.
Q3: How can I determine if CN113368092 infringes on existing patents?
A: Conduct a detailed claim comparison with other patents, focusing on structural and functional features, considering the scope of specific claims, and analyzing potential overlaps.
Q4: What are common pitfalls that may invalidate CN113368092?
A: Prior disclosures prior to filing, lack of sufficient disclosure, or obviousness over existing art can threaten validity.
Q5: What strategic actions should patent holders take concerning CN113368092?
A: Monitor related patents, enforce rights proactively, and consider international patent filings to maximize protection. Conversely, license or challenge conflicting patents when appropriate.
References
[1] Chinese Patent CN113368092, official publication.
[2] Chinese patent law, CNIPA guidelines.
[3] Patent landscape reports, global pharmaceutical patent databases.
