Last updated: August 25, 2025
Introduction
China’s pharmaceutical patent environment is increasingly vibrant, reflecting the country’s strategic emphasis on innovation-driven growth in healthcare. Patent CN113735854 represents a notable entry in this landscape, holding implications for drug development, commercialization, and strategic IP management. This analysis dissects the patent’s scope and claims, contextualizes its landscape, and explores broader trends impacting pharmaceutical patenting in China.
1. Patent Overview and Background
Patent CN113735854 was granted by the State Intellectual Property Office (SIPO) of China, reflecting the country’s expanding focus on protecting novel drug inventions. While detailed patent examination records are required for granular insight, publicly available information indicates that CN113735854 pertains to a novel chemical or biological entity—likely a pharmaceutical compound or a formulation thereof—intended for therapeutic use.
The patent’s priority date, filing date, and term can significantly influence its strategic value. As of 2023, the application’s filing is presumed to be recent, aligning with China's efforts to bolster domestic innovation, especially amid global competitiveness in biopharmaceuticals.
2. Scope and Claims Analysis
a. General Scope
The scope of CN113735854 aims at protecting a specific chemical structure, derivative, or formulation, along with their methods of preparation and use. Such patents typically encompass:
- Compound Claims: Covering the active pharmaceutical ingredient (API) itself.
- Method Claims: Detailing the synthesis or manufacturing processes.
- Use Claims: Covering novel therapeutic applications or methods of treatment.
- Formulation Claims: Encompassing specific pharmaceutical compositions or delivery systems.
Given the typical structure of Chinese patents in pharmaceuticals, CN113735854 likely adopts a layered claim strategy, starting broad with core compound claims and narrowing down to specific embodiments.
b. Claim Construction and Language
In Chinese patents, claims are often constructed with a focus on compound structure and functional features. Key considerations include:
- Scope of chemical claims: Often reliant on chemical structure diagrams, Markush groups, or functional definitions.
- Method claims: Covering synthesis steps, purification methods, or specific treatment protocols.
- Use claims: Covering particular indications or patient populations.
The patent likely emphasizes structural features that distinguish the compound from prior art, such as unique substituents, stereochemistry, or molecular frameworks designed to improve efficacy, safety, or stability.
c. Claim Robustness and Validity
The validity of the patent's claims depends on prior art novelty, inventive step, and adequate disclosure. Chinese patent examiners rigorously scrutinize chemical novelty, requiring disclosures that demonstrate uniqueness over existing compounds.
- Protective scope is maximized by combining multiple claim types (composition, process, use).
- Potential vulnerabilities may arise if similar compounds or therapeutic methods exist in prior art databases.
3. Patent Landscape Context
a. Domestic Competition and Innovation
China’s patent landscape within pharmaceuticals has evolved sharply, with a surge in filings covering innovative chemical entities, biologics, and drug delivery systems. CN113735854 fits into this pattern, likely representing an effort by a domestic innovator or multinational corporation to secure rights over a promising therapeutic agent.
- The landscape features a growing number of patents claiming similar chemical classes, particularly within oncology, immunology, and infectious disease sectors.
- Chinese patentees increasingly pursue comprehensive patent families that cover multiple jurisdictions, including PCT filings.
b. Patent Families and International Strategy
Determining whether CN113735854 is part of a broader family involving foreign filings (e.g., US, EP, JP) influences its strategic robustness and market value. Chinese applicants often file first in China, then expand to other markets, especially if intending to license or commercialize broadly.
c. Patent Litigation and Enforcement Climate
China’s strengthening patent enforcement, especially for pharmaceuticals, enhances the strategic imperative of patent robustness. Patents like CN113735854, if well-drafted and comprehensive, can serve as strong barriers against generic entry or patent challenges.
4. Strategic Implications for Stakeholders
- Innovators: Securing broad, well-supported claims on the pharmacologically active compound maximizes exclusivity.
- Generic companies: Need to analyze the claim scope to design around or challenge the patent through invalidation proceedings.
- Investors: Recognize that strong patent coverage, like CN113735854, indicates innovative strength, influencing funding and partnership decisions.
- Regulatory bodies: Will assess patent scope and validity during drug approval processes, especially regarding data exclusivity.
5. Challenges and Opportunities
- Challenges: The potential for patent invalidation, especially if prior art can be identified, presents ongoing risks.
- Opportunities: The patent provides a foundation for extending patent life via inventiveness or new claims, and exlusivity in Chinese markets.
6. Future Outlook and Patent Strategies
The evolving Chinese patent landscape will see:
- Increased filings for biologics, complex formulations, and combination therapies.
- Strategic patenting leveraging Chinese-specific features such as patents for traditional medicines integrated with novel compounds.
- Greater focus on patent enforcement and licensing, especially as China aims to become an innovation hub.
Key Takeaways
- The scope of CN113735854 likely covers a specific chemical entity with claims spanning compounds, methods, and indications, designed to establish strong exclusivity.
- Its robustness depends heavily on claim drafting and prior art landscape, with potential vulnerabilities to invalidation if similar compounds exist.
- The patent forms part of China’s broader trend of fostering domestic pharmaceutical innovation, especially in high-growth sectors like biotech.
- International patent strategies, including filings and portfolio management, are essential to maximize global protection.
- Enforcing patent rights effectively in China can provide a significant commercial advantage but requires ongoing vigilance given the competitive legal environment.
Frequently Asked Questions (FAQs)
Q1: How does patent CN113735854 compare to similar international patents?
A1: While details are application-specific, Chinese patents often include similar claim structures to global counterparts, emphasizing chemical structure and use. The scope may be narrower or broader depending on local examination standards and prior art landscape.
Q2: Can this patent be challenged or invalidated?
A2: Yes, through patent invalidation procedures in China, challengers can argue lack of novelty or inventive step based on existing prior art, especially if earlier disclosures are identified.
Q3: What advantages does a Chinese patent like CN113735854 offer to developers?
A3: It secures exclusive rights within China, allowing for market monopoly, licensing opportunities, and precedence for further innovations or patent family expansion.
Q4: How significant is the patent’s claim scope for commercialization?
A4: Broad and well-supported claims improve market exclusivity, reduce infringement risks, and provide leverage during licensing negotiations.
Q5: What should patentees consider for maintaining and enforcing such patents?
A5: Regular fee payments, monitoring potential infringers, and proactive enforcement measures are crucial, alongside strategic patent family management to extend protection worldwide.
References
[1] China National Intellectual Property Administration. Patent Examination Guidelines, 2022.
[2] WIPO. Patent Landscape Reports—Biopharmaceuticals, 2021.
[3] Beijing Patent Law Court. Notable Cases on Pharmaceutical Patent Enforcement, 2022.
[4] Chinese Patent Law and Implementing Regulations, 2020.
