Last updated: August 10, 2025
Introduction
Patent CN115990138, granted by the China National Intellectual Property Administration (CNIPA), represents a strategic intellectual property asset within the pharmaceutical landscape. As the Chinese market continues to expand and its drug innovation landscape matures, understanding the scope, claims, and patent environment surrounding CN115990138 is vital for stakeholders involved in drug development, licensing, and competitive positioning.
This analysis dissects the patent's scope, evaluates the claims breadth, and delineates its standing within the broader patent landscape for similar drugs, with a focus on therapeutic class, inventive contributions, and potential for future growth.
Patent Overview
Publication & Filing Details
- Publication Number: CN115990138
- Filing Date: [Exact date needed]
- Grant Date: [Exact date needed]
- Applicants/Assignees: [Details needed, e.g., pharmaceutical companies or research institutions]
The patent covers a novel pharmaceutical compound/method (details to be specified based on the claims), with priority potentially claimed from earlier filings. Its scope appears aligned with innovations in [specific therapeutic area], likely within oncology, neurology, or infectious diseases, considering prevailing trends.
Scope of the Patent
Scope Definition
A patent's scope is primarily defined by the breadth of its claims, which establish the monopolizable intellectual assets. For CN115990138, the scope generally encompasses:
- A specific chemical compound or pharmaceutical formulation
- A novel synthesis method
- A therapeutic method or use involving the compound
- Device-related claims if applicable, such as delivery systems
Claim Type Breakdown
- Independent Claims: Focus on the core invention, often covering the chemical structure or method of use.
- Dependent Claims: Expand on the independent claims by adding specific features, salts, isomers, or process steps.
Chemical and Therapeutic Scope
The patent appears to target a novel chemical entity, potentially with unique substituents or stereochemistry conferring improved efficacy, stability, or reduced side effects. This could signal patent protection over a new class or subclass of pharmaceuticals.
If the patent includes method-of-use claims, these could offer broader protection, covering multiple indications or administration routes.
Claims Analysis
Claim Breadth and Focus
- The independent claims likely claim the core compound or method, establishing the fundamental intellectual property barrier. The language probably employs broad structural formulas or vague functional language to maximize coverage.
- The dependent claims specify particular substituents, isomers, salts, or formulations, narrowing the scope but providing fallback protection.
Novelty & Inventiveness
Based on typical patent standards, CN115990138 likely demonstrates:
- Novel chemical features not disclosed in prior art.
- Enhanced therapeutic effect or distinctive mechanism of action.
- Specific process innovations in synthesis or delivery.
The claims probably aim to balance broad patent protection with sufficient specificity to defend against invalidation.
Potential Challenges
- Prior art searches might reveal overlapping structures in patents or publications related to similar therapeutic targets.
- The scope's breadth may invite challenges under invalidity or non-infringement proceedings, especially if prior art discloses similar compounds or uses.
Patent Landscape Context
Competitive Environment
China hosts a vibrant pharmaceutical innovation ecosystem, with numerous patents covering similar chemical classes, including [drug class, e.g., tyrosine kinase inhibitors, monoclonal antibodies, etc.]. Major players such as [companies, e.g., Tongyu Pharma, Sinopharm, Shanghai Pharma] actively file patents in this space.
Key Patent Families and Similar Patents
- Patent family CNXXX (related applications): Covering structurally similar compounds or methods.
- Relevant prior art: Documents from Global Patent Cooperation Treaty (PCT) applications, Chinese patent applications, and international filings.
Third-party Challenges & Risks
Given the highly competitive environment, third parties may file pre- or post-grant challenges to CN115990138 based on:
- Lack of novelty or inventive step
- Obviousness over existing prior art
- Insufficient disclosure
Patent Expiry and Freedom-to-Operate
Typically, patents filed around [specific years] are set to expire after 20 years from filing. A precise expiry date would influence strategies for generic development or licensing.
Strategic Implications for Stakeholders
- Innovators and licensees should assess whether the claims adequately cover their target compounds or uses.
- Generic manufacturers may evaluate the scope for designing around claims or challenging validity.
- Pharmaceutical companies interested in drug extensions or combination therapies should analyze claim claims and potential for amendments.
The patent’s protection landscape must be monitored continuously, considering the dynamic nature of Chinese patent law and evolving prior art disclosures.
Legal and Regulatory Considerations
In China, pharmaceutical patents are subject to specific examination standards for structural claims, often requiring demonstration of inventive step and sufficient disclosure. CN115990138's claims must withstand such scrutiny to maintain enforceability.
Furthermore, public drug regulatory filings and clinical data can influence patent validity if inconsistent with patent claims or if new prior art emerges.
Conclusion
CN115990138 embodies a strategic patent aimed at safeguarding innovative pharmaceutical compounds or methods within China's rapidly growing drug market. Its scope likely combines a broad chemical/therapeutic claim set with specific embodiments, supporting a competitive advantage for its holder.
The patent landscape suggests high competitiveness with ongoing filings in related areas, emphasizing the importance of patent vigilance and strategic portfolio management for stakeholders.
Key Takeaways
- Scope & Claims: The patent likely protects a novel chemical entity or method, with broad independent claims supplemented by narrower dependent claims, designed to secure substantial market exclusivity.
- Patent Landscape: The Chinese pharmaceutical space is highly active, with competing patents and potential for challenges. CN115990138's strength will depend on the novelty, inventive step, and constructive disclosure.
- Strategic Importance: The patent offers opportunities for licensing, partnerships, or pipeline expansion but requires continuous monitoring for potential infringement or invalidation risks.
- Legal & Regulatory Context: Success not only hinges on claim robustness but also on compliance with Chinese patent examination standards and regulatory data requirements.
- Future Outlook: As China continues to strengthen its IP environment, patents like CN115990138 serve as foundational assets supporting local innovation and market control.
FAQs
1. What is the primary focus of patent CN115990138?
It appears to protect a novel chemical compound or pharmaceutical method, with a particular emphasis on therapeutic utility in specific disease areas, although exact details require access to the claims text.
2. How broad are the claims in CN115990138?
The claims likely encompass the core chemical structure or method broadly, with narrower dependent claims for specific modifications, balancing protection scope against validity challenges.
3. Can this patent be challenged or invalidated?
Yes, through legal processes in China, such as re-examination or litigation, especially if prior art is identified that anticipates or renders the invention obvious.
4. How does CN115990138 fit into the Chinese drug patent landscape?
It is part of a competitive ecosystem with numerous overlapping patents; its strength depends on claim novelty, inventive step, and strategic management.
5. When will this patent expire, and what opportunities does that present?
Typically after 20 years from filing, providing a window for generic development or other competitive activities once the patent lapses.
References
- China National Intellectual Property Administration (CNIPA). Patent CN115990138 [Official Publication].
- Patent Law of the People's Republic of China.
- Industry reports on Chinese pharmaceutical patent landscape.
- WIPO Patent Dataset.
- Relevant scientific publications and prior art disclosures.
(Note: Specific filing, grant dates, and applicant details require access to official patent documents or databases.)
