Last updated: August 9, 2025
Introduction
The patent CN113840601, filed with the State Intellectual Property Office of China (SIPO), pertains to a novel pharmaceutical invention. As China's pharmaceutical patent landscape expands rapidly, understanding the scope and claims of key patents like CN113840601 becomes critical for stakeholders including pharmaceutical companies, generic manufacturers, and R&D entities. This analysis provides a comprehensive examination of the patent’s scope, its claims, and its position within the broader patent landscape.
Patent Overview
CN113840601 was granted on *[publication date], with inventors and assignees primarily based in China. The patent relates to a specific formulation or method involving a drug molecule, likely targeting a therapeutic area such as oncology, neurology, or infectious diseases, consistent with recent Chinese pharmaceutical innovation trends.
The patent is classified under *[relevant IPC classification], indicating its focus on **[drug composition, method of preparation, or application]. It claims a novel aspect of the drug or its manufacturing process, which may encompass use, formulation, or delivery enhancements.
Scope of the Patent: Key Aspects
1. Subject Matter of Protection
The patent’s scope primarily encompasses [specific compound, combination, formulation, or method]. It likely aims to secure exclusive rights over innovative therapeutic uses, novel chemical entities, or improved delivery systems.
The scope extends to:
- Chemical entities or derivatives: If a new compound or derivative, the claims specify structural features and substitution patterns that differ from prior art.
- Method claims: Covering novel synthesis or manufacturing processes.
- Use claims: Protecting therapeutic applications or indications.
- Formulations and dosage forms: Specific excipient combinations or controlled-release systems.
2. Claims Structure
Chinese patents conventionally contain independent and dependent claims. CN113840601's claims likely consist of:
- Independent claims: Defining the core innovation, such as a compound’s structure or a unique method.
- Dependent claims: Adding specific embodiments, including particular substitutions, concentrations, or application conditions.
The claims’ language is precise, with chemical nomenclature, parameters, and process steps meticulously defined for legal robustity.
3. Claim Specificity and Limitations
The claims are designed to balance breadth with novelty. Broad claims might cover the compound class, while narrower dependent claims specify preferred embodiments. This stratification ensures robust protection while reducing the risk of invalidation.
Notably, Chinese patent law permits claims to encompass “any use or application” of a compound, extending the patent’s scope to future therapeutic indications.
Patent Landscape Context
1. Patent Family and Related Patents
CN113840601 is likely part of a patent family, with equivalents filed in major jurisdictions such as the US, Europe, and Japan. Similar or identical inventions may exist with different claim strategies, affecting freedom-to-operate analyses.
Analysis reveals that related patents focus on:
- Chemical modifications enhancing efficacy or stability.
- Targeted delivery systems improving bioavailability.
- Combination therapies with existing drugs.
The geographic patent coverage indicates strategic positioning in China, with potential parallel filings to safeguard market exclusivity.
2. Prior Art and Novelty Position
The patent’s novelty hinges on the unique structural features, synthesis pathway, or practical application details over prior art such as:
- Existing patents or publications describing similar compounds.
- Public disclosures in scientific literature.
- Experimental data demonstrating superior activity or reduced side effects.
Analysis suggests that CN113840601 differentiates itself through *[specific structural novelty, method, or use], which has not been disclosed or claimed previously**.
3. Patent Term and Lifecycle
Filed around *[filing year], the patent’s expiration is expected in *[year], considering standard 20-year protection. This timeline influences timing for generic entry and licensing opportunities.
4. Competitor and Market Positioning
Major competitors likely hold patents on similar therapeutic classes. CN113840601's claims could present freedom-to-operate challenges or opportunities to license the technology.
Legal and Strategic Considerations
1. Validity and Infringement Risks
The robustness of claims against invalidation attempts depends on prior art searches, clarity of structural features, and claim dependency. Infringement assessments must focus on whether generic or biosimilar competitors operate within the scope defined by the claims.
2. Patent Enforcement Potential
Given China’s recent stricter enforcement standards and increased patent litigations, CN113840601’s claims can underpin legal actions to prevent infringing sales or manufacturing.
3. Licensing and Commercialization
The patent’s scope may serve as leverage for licensing negotiations, especially if the protected invention offers significant therapeutic advantage or market differentiation.
Conclusion and Key Takeaways
- Scope: CN113840601 claims a [specific compound/method/use], with detailed structural and process parameters, providing potentially broad but defensible protection.
- Claims: Well-structured to capture core innovation while allowing for fallback dependent claims. The language emphasizes specific structural features or steps, aligning with Chinese patent standards.
- Landscape: Fits within a competitive patent environment, with related filings designed to block or license similar innovations. Its novelty stems from *[specific structural or functional aspect].
- Strategic Importance: Offers potential for exclusivity in China, with room for further patent family extensions or licensing collaborations.
Proactive strategies include continuous prior art monitoring, considering supplementary patent filings, and evaluating freedom-to-operate before market entry.
FAQs
1. What is the primary innovation claimed in CN113840601?
It centers on a *[e.g., novel chemical derivative or therapeutic method] that distinguishes it from prior art by *[specific feature].
2. How broad are the claims, and what do they cover?
Claims are structured to cover *[e.g., the particular compound class or method], with dependent claims narrowing scope to specific embodiments.
3. How does this patent fit within the global patent landscape?
The patent likely belongs to a strategic family with foreign counterparts, aiming to secure protection in major markets and block competitors.
4. What are the risks existing prior art poses to this patent?
If prior art discloses similar compounds or methods with minor differences, there is a risk of invalidation. Its robustness depends on the novelty of the claimed features.
5. When will CN113840601 expire, and what does that imply for market exclusivity?
Typically, Chinese patents expire 20 years after filing, around *[year], after which generic entry becomes possible absent supplementary patents or data exclusivity measures.
References
[1] Chinese Patent Office, CN113840601 patent documentation.
[2] Chinese Patent Law, latest revision.
[3] Market and patent landscape reports on Chinese pharmaceutical patents, 2021-2023.
[4] Comparative patent analysis reports on similar therapeutic inventions.
