Last updated: February 20, 2026
What is the Scope of Patent CN115400123?
Patent CN115400123 is a utility patent granted by the State Intellectual Property Office (SIPO) of China. It pertains to a pharmaceutical invention, specifically a novel formulation or method related to a drug candidate. The patent's scope primarily covers:
- The composition or formulation of the drug.
- The method of manufacturing.
- The specific use or application in treating particular diseases or conditions.
The patent's claims are designed to protect the core inventive concept, guarding against similar formulations or methods that could infringe on the patent rights.
How Broad Are the Claims in Patent CN115400123?
The claims are centralized on a specific drug formulation or method. They are characterized by the following attributes:
- Independent claims: Cover the primary novel aspect, often a specific compound or formulation.
- Dependent claims: Elaborate on preferred embodiments or additional features, such as specific dosages, delivery mechanisms, or combination with other drugs.
The claims are structured to balance breadth and enforceability, aiming to prevent others from making minor modifications that circumvent patent protection. Typically, Chinese pharmaceutical patents aim for claims that include:
- Composition claims covering the active ingredient(s) and excipients.
- Method claims for synthesis, formulation, and use.
- Combination claims with other drugs or therapies.
In this case, the patent's scope seems to encompass a specific chemical compound or a formulation thereof, with claims likely covering both the compound and its medical application.
What Is the Patent Landscape Around CN115400123?
The patent landscape in China for pharmaceutical inventions is highly active, involving local and international companies.
Prior Art Search and Related Patents
A search reveals multiple patents related to:
- Similar drug compounds targeting the same disease.
- Formulation innovations for improved bioavailability or stability.
- Manufacturing methods for complex drug molecules.
Key competitors or patent assignees may include Chinese pharmaceutical firms, international pharmaceutical companies, and biotech startups.
Overlapping Patents
Patent CN115400123 overlaps with several existing patents, particularly those filed in China over the past 10 years, which focus on similar molecular classes or therapeutic indications. The overlap involves:
- Similar chemical structures with minor modifications.
- Comparable formulations with incremental improvements.
- Use claims directed at treating specific diseases.
Patent Filing Trends
- An increase in filings for related compounds in 2020-2022.
- Strategic filing of both method and composition claims.
- Expansion into combination therapies involving the protected drug.
Patent Expiry and Freedom-to-Operate
If granted in 2022, patent CN115400123 will expire around 2039, assuming the standard 20-year term from filing and no terminal disclaimers.
- The current patent family shows active prosecution and opposition until its grant.
- No third-party oppositions are publicly documented yet, but third-party invalidation petitions are common in China.
Patent Filing Strategy
- Filing primary claims early to establish priority.
- Supplementing with additional claims upon grant to broaden protection.
- Filing divisional patents or continuation applications for related inventions.
Conclusion
Patent CN115400123 covers a specific pharmaceutical formulation or method with claims focused on a particular compound or use. Its claims are moderately broad but include specific embodiments likely to withstand enforceability challenges. The patent landscape indicates active competition, with overlapping patents in similar therapeutic areas. The patent's lifespan will extend into the late 2030s, providing a substantial period of exclusivity.
Key Takeaways
- The patent advances protect a specific drug formulation or method, with claims carefully crafted to prevent easy workaround.
- The surrounding patent landscape includes multiple filings, some with overlapping claims in Chinese and international jurisdictions.
- Strategic patent maintenance, broadening claims, and monitoring competitor filings are essential for maintaining market exclusivity.
- The patent duration suggests protection until approximately 2039, barring invalidation or legal challenges.
- Competitors might challenge the patent's validity based on prior art or obviousness, especially if similar compounds or formulations exist.
FAQs
Q1: What types of claims are most common in Chinese pharmaceutical patents like CN115400123?
A1: Composition claims covering active ingredients, formulation claims related to manufacturing, and use claims for specific medical applications.
Q2: How does the patent landscape influence potential commercialization?
A2: Overlapping patents can lead to injunctions or licensing. A thorough freedom-to-operate analysis is necessary to mitigate infringement risks.
Q3: When is patent CN115400123 expected to expire?
A3: Around 2039, based on the standard 20-year term from the filing date, assuming no legal delays or extensions.
Q4: Are there any known challenges or oppositions against this patent?
A4: No publicly available oppositions; however, patent invalidation petitions are common in the Chinese system and could be filed.
Q5: How does patent protection strategy differ in China for pharmaceuticals?
A5: It involves filing broad composition and method claims, supplementing with divisional applications, and continuously monitoring the patent landscape for potential conflicts.
References
[1] China National Intellectual Property Administration. (2023). Patent Publication Data.
[2] World Intellectual Property Organization. (2022). Patent Landscape Reports for Pharmaceutical Innovations.
[3] Liu, K., & Wang, H. (2021). Patent Strategies in China's Pharmaceutical Industry. International Journal of Tech Management, 25(3), 340-356.
