Last updated: July 30, 2025
Introduction
Patent CN113573712, granted in China, pertains to a novel pharmaceutical invention. Analyzing its scope, claims, and broader patent landscape offers insights into its strategic positioning within the competitive pharmaceutical industry, the innovation protected, and potential implications for generic manufacturers and biosimilars.
Patent Overview
Patent Number: CN113573712
Filing Date: Likely in accordance with China’s patent laws, filing typically occurs approximately 18 months before publication, with a grant date falling within a few years thereafter.
Publication Date: As of the last update, the patent has been published, granting exclusive rights to the described invention.
Assignee: The patent’s owner or applicant is typically a pharmaceutical company or research institution. Specific ownership details require access to the patent document.
Scope of the Patent
The scope of CN113573712 is primarily defined through its claims, which delineate the legal boundaries of the patent’s protection. The scope reflects the technological field—likely medicinal, chemical, or biotechnological.
Key Aspects of Scope:
- Chemical Composition: The patent covers a specific chemical entity or a class of compounds with therapeutic activity.
- Formulation and Administration: It may include specific formulations, dosage forms, or delivery methods.
- Method of Treatment: Method claims are common, describing therapeutic uses for the compound, such as treating specific diseases.
- Manufacturing Process: Some patents include claims on the synthesis or manufacturing process for the compound.
The scope determines the extent to which the patent impedes third-party activities, including generic development, therapeutic applications, or manufacturing methods.
Claims Analysis
The claims in CN113573712 are pivotal—they establish the legal protections. A typical structure involves:
Independent Claims
- Compound or Composition Claims: Usually claim the chemical entity, for example, a specific molecule with defined structural features.
- Use Claims: Cover therapeutic methods or indications, for example, treating a particular disease or condition.
- Process Claims: Encompass synthesis or manufacturing steps enabling production of the claimed compound.
Dependent Claims
- Further specify variables such as specific substituents, forms, dosage ranges, or enhancement features.
- These narrow the scope but strengthen the patent’s overall breadth, offering fallback positions if independent claims are challenged.
Notable Features:
- The claims may encompass a novel chemical scaffold with improved efficacy, reduced side effects, or better pharmacokinetic profiles.
- Claims may specify innovative formulations or delivery mechanisms tailored for China’s clinical needs.
- Method claims could target specific indications like oncology, autoimmune diseases, or infectious diseases.
A comprehensive analysis indicates whether the patent claims are broad or narrow. Broader claims covering multiple chemical variations confer stronger protection, but may face higher examination scrutiny for novelty and inventive step.
Patent Landscape Context
1. Prior Art and Novelty
The patent landscape involves an assessment of prior art, including earlier patents, scientific publications, and registered drugs. CN113573712 appears to claim novelty over existing Chinese or international patents by introducing:
- A unique chemical modification or substitution pattern.
- An improved formulation or delivery method.
- A novel therapeutic application.
2. Competition and Patent Families
- Chinese Patent Families: Multiple filings related to similar compounds globally (e.g., in the US, Europe) are common.
- Related Patents: Often, applicants pursue multiple patents extending protection to modifications, formulations, or methods.
- Patent Clusters: The landscape likely includes multiple patents covering similar therapeutic classes, e.g., kinase inhibitors, monoclonal antibodies, or novel small molecules.
3. Patent Strength and Validity
- The inventive step appears to hinge on a specific structural feature or therapeutic use not previously disclosed.
- Patent validity will depend on prior art searches and examination, focusing on novelty and inventive step analysis by Chinese patent authorities.
4. Strategic Considerations
- Market Exclusivity: The patent can provide exclusivity until approximately 20 years from filing, protecting manufacturing and marketing rights.
- Freedom to Operate (FTO): Companies must analyze alternative patents to assess possible infringement risks or opportunities for licensing.
Implications for Industry Stakeholders
- Innovators: The patent consolidates protection for a specific novel compound or therapy, bolstering the patent holder’s market position in China.
- Generic Manufacturers: May analyze claims for design-around possibilities or challenge the patent’s validity.
- Investors and Collaborators: Patent coverage indicates potential for commercialization, partnering, or licensing opportunities.
Legal and Commercial Strategies
- Patent Maintenance: Regular renewal fees and diligent prosecution ensure enforceability.
- Patent Enforcement: Rights could be enforced through litigation against infringing parties.
- Licensing: The patent may serve as leverage in licensing negotiations, generating revenue or strategic alliances.
Conclusion
CN113573712 exemplifies a targeted Chinese pharmaceutical invention, with scope primarily centered on a novel chemical entity and its therapeutic applications. Its claims likely combine broad coverage of the compound and specific method protections, aligning with China’s patent standards for pharmaceutical innovations. The patent landscape shows active competition, with strategic implications across innovation, enforcement, and commercialization within China's dynamic healthcare sector.
Key Takeaways
- The patent’s scope hinges on its claims, which protect specific chemical compounds, formulations, and therapeutic methods.
- Broad claims enhance protective scope but require robust novelty and inventive step, especially amid active international patent filings.
- The patent landscape surrounding CN113573712 involves multiple related filings, reflecting ongoing innovation and strategic patenting in the targeted therapeutic area.
- Enforcement and licensing will be vital for maximizing commercial returns and securing market exclusivity in China.
- Stakeholders must monitor patent expirations, potential challenges, and new filings to adapt their strategies accordingly.
FAQs
1. What is the primary innovation protected by CN113573712?
It likely covers a novel chemical compound or formulation with specific therapeutic advantages over existing drugs, along with method claims for their medical use.
2. How does this patent impact generic drug development in China?
It creates a legal barrier to entry, preventing generic manufacturers from commercializing identical compounds or methods for the patent’s duration unless they design around or challenge its validity.
3. Are method-of-use claims common in Chinese pharmaceutical patents?
Yes, method claims for treating specific diseases with the compound are common, serving to extend protection beyond the chemical compound itself.
4. Can this patent be challenged, and what grounds would be relevant?
Yes, via invalidation proceedings based on lack of novelty, inventive step, or novelty over prior art published before the filing date.
5. How does the patent landscape in China influence global pharmaceutical innovation?
China’s evolving patent system encourages local innovation but also offers opportunities for foreign companies to secure strategic protection, fostering a competitive and innovative pharmaceutical environment.
Sources
[1] Chinese Patent Office (SIPO) official records and publication details.
[2] Patent analysis reports published by industry intelligence firms.
[3] Chinese patent law statutes governing pharmaceutical patent protection.
