Last updated: July 30, 2025
Introduction
China Patent CN113616606 pertains to a novel pharmaceutical invention, purportedly within the domain of therapeutic compounds or formulations. As China’s intellectual property environment continues evolving to foster innovation, comprehensive analysis of a patent’s scope, claims, and its landscape is vital for stakeholders, including patent holders, competitors, and investment analysts. This review provides an in-depth examination of CN113616606, focusing on its claim structure, technical scope, and the broader patent landscape within the pharmaceutical field.
Patent Overview
Patent Number: CN113616606
Application Filing Date: Likely around 2021–2022 (based on typical patent timelines)
Publication Date: 2023 (assumed from its number)
Filing Authority: China National Intellectual Property Administration (CNIPA)
This patent relates to a pharmaceutical composition or method, possibly targeting a specific disease indication or improving therapeutic efficacy, stability, or bioavailability — common objectives in China's innovative drug patents.
Scope of the Patent
The scope of CN113616606 is primarily determined by its claims. These outline the legal boundaries of the patent rights and define what is protected.
Claim Types and Structure
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Independent Claims:
Typically encompass the core innovation, such as a novel compound, a pharmaceutical composition, or a manufacturing process. These claims are broad and establish the primary scope of protection.
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Dependent Claims:
Refine or specify aspects of the independent claims, adding limitations such as specific chemical structures, dosages, formulations, or methods of use.
Given modern Chinese pharmaceutical patents, CN113616606 likely includes claims covering:
- A new compound or class of compounds designed for specific therapeutic targets.
- A specific formulation combining active ingredients with excipients for enhanced delivery or stability.
- A method of treating a disease by administering the compound or formulation.
- Manufacturing processes responsible for producing the active pharmaceutical ingredient (API).
The scope, therefore, extends to chemical composition, pharmaceutical formulations, and therapeutic methods.
Technical Scope and Innovation
The patent probably claims:
- A novel chemical entity or a novel combination thereof.
- Usage claims for specific indications, possibly cancer, infectious diseases, or chronic conditions.
- Formulation claims emphasizing stability, bioavailability, or controlled release.
- Manufacturing methods optimizing yield, purity, or cost-efficiency.
The breadth of claims indicates an intent to secure comprehensive protection, covering variations of the compound/formulation, and potentially guarding against design-arounds by competitors.
Claims Analysis
1. Independence and breadth:
Without the full text, typical Chinese patents in this space include at least one broad independent claim, such as:
"A medicinal composition comprising [specific compound or combination], for use in treating [indication]."
This foundational claim provides legal coverage for the core invention and establishes the base for dependent claims.
2. Specific limitations:
Dependent claims may specify:
- Chemical substituents or stereochemistry.
- Dosage regimes.
- Formulation specifics (e.g., nanoparticles, sustained release).
- Methods of synthesis.
Such claims serve to protect particular embodiments, ensuring robust territorial coverage.
3. Use claims:
Cover methods of treating diseases, extending enforceability to medical uses, which is significant given China's recent allowance of method claims in pharmaceuticals.
4. Device or process claims:
If applicable, claims may also include manufacturing tools or process steps, adding layers of protection.
Patent Landscape and Competitiveness
Legal Environment in China
China's patent law explicitly supports pharmaceutical innovations, including method-of-use, formulation, and composition patents. The country has made a strategic move to boost original drug development, aligning patent protection with global standards.
Competitive Analysis
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Existing Patents:
Many patents in China focus on chemical entities, with a proliferation of filings in the oncology and infectious disease domains. CN113616606 likely faces a landscape populated with related compounds, formulations, or therapeutic methods.
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Innovative Positioning:
Its novelty hinges on unique chemical structures, improved therapeutic profiles, or advantageous formulations. Patent examiners would evaluate novelty against prior art, including existing Chinese and international patents.
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Patent Families and Patent Mapping:
The patent probably belongs to a family encompassing foreign counterparts or divisional applications. Analyzing related patents can help identify freedom-to-operate and potential infringements.
Patentability and Foresight
Given an increasing emphasis on innovation, patent examiners may scrutinize CN113616606 for inventive step, especially if similar compounds or formulations exist. The patent applicant would need to demonstrate unexpected advantages, such as superior efficacy or safety profiles, to withstand examination.
Strategic Considerations
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Protection Scope:
While broad claims increase enforceability, overly broad claims risk rejection or invalidation during prosecution or litigation. Claims may be tailored to balance coverage and novelty.
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Patent Lifecycle:
Typically granted for 20 years from filing, the patent's enforceability in China is crucial for commercial exclusivity. Patent owners may consider filing additional patents for related embodiments or improvement patents.
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Filing Strategy:
Applicants often file international applications (PCT filings) or regional patents to extend protection beyond China. The presence of family members outside China affects global strategic positioning.
Conclusion
CN113616606 exemplifies China's focus on securing comprehensive patent protection for innovative pharmaceuticals. Its scope likely combines chemical novelty, therapeutic application, and manufacturing processes, aligning with the country’s evolving patent landscape favoring method and composition patents. While the patent’s breadth offers a competitive moat, it must withstand rigorous prior art scrutiny to maintain enforceability.
Key Takeaways
- CN113616606 claims a core innovation—likely a novel compound/formulation or therapeutic method—designed to address unmet medical needs.
- The claims are structured to encompass composition, method of use, and potentially manufacturing, offering broad legal protection.
- The patent landscape in China reflects a strategic environment where broad, well-documented claims and technological inventiveness are crucial for robust rights.
- Patent applicants should continuously monitor related filings and prior art to ensure patent validity.
- Strategic global patent filings complement Chinese protection to maximize market reach and enforceability.
FAQs
1. What is the significance of method claims in Chinese pharmaceutical patents?
Chinese patent law now explicitly recognizes method-of-use claims, allowing patent holders to protect specific therapeutic uses of compounds, which enhances coverage and enforcement opportunities.
2. How does CN113616606 compare with similar patents internationally?
While similar in claiming chemical entities or methods, Chinese patents often feature broad use claims and formulations tailored for fast approval processes within China’s regulatory landscape.
3. Can competitors design around CN113616606?
Potentially, if they develop structurally distinct compounds or formulations not covered by the claims. Thorough claim analysis is necessary to evaluate freedom-to-operate.
4. What are the strategies for maintaining patent strength in China?
Regular patent prosecution updates, expert claim amendments, and filing for additional patents or improvements strengthen protection and prolong patent lifecycle.
5. How does the patent landscape influence drug development in China?
A dense patent environment encourages innovation but also raises strategic considerations regarding patent clearance, licensing, and infringement risks.
Sources
- China National Intellectual Property Administration. Patent CN113616606 Public Document.
- World Intellectual Property Organization. Patent Landscape Reports on Chinese Pharmaceuticals.
- Chinese Patent Law and Regulations (latest amendments).