Last updated: July 30, 2025
Introduction
China Patent CN1173695 pertains to a pharmaceutical invention that influences patent strategies, competitive positioning, and innovation within the Chinese drug patent landscape. This analysis dissects the patent’s scope, claims, and its position relative to existing patents, offering insights critical for pharmaceutical companies, patent professionals, and legal strategists aiming to understand its strength and potential implications.
Overview of Patent CN1173695
Issued by the Chinese Patent Office, CN1173695 is classified under the pharmaceutical patents3. The patent appears to focus on a specific drug compound, formulation, or method of production, which holds therapeutic significance. As a utility patent, its claims are designed to protect functional aspects of the invention, such as chemical composition, manufacturing process, or therapeutic method, depending upon its specifics.
Scope of the Patent
1. Technological Field and Focus
Patent CN1173695 predominantly covers a novel application or compound within a targeted therapeutic domain. This could encompass:
- A new chemical entity or derivative
- An improved formulation with enhanced stability, bioavailability, or reduced side effects
- A specific method of synthesis, purification, or delivery
2. Geographical and Legal Scope
- Territorial Scope: The patent offers protection solely within the territory of China, limiting its enforceability outside China unless international rights are claimed through patent family extensions.
- Duration: Typically, utility patents in China are granted for 20 years from the application date, subject to maintenance fees.
3. Patent Term and Lifecycle Considerations
The scope remains valid until expiry unless challenged or invalidated. The patent term aligns with standard Chinese patent law, emphasizing the importance of strategic timing for commercialization and potential licensing.
Claims Analysis
The core value of CN1173695 lies within its claims, which delineate the legal protection boundaries. The patent features a set of claims categorized as independent and dependent:
1. Independent Claims
Independent claims establish the broadest scope, defining the primary inventive aspect. They likely include:
- A chemical compound or pharmaceutical composition with specific structural features.
- An associated method of manufacturing or administering the compound.
- A novel use of the compound for treating particular diseases.
Example:
"An anti-cancer pharmaceutical composition comprising compound X, characterized by a structural formula as shown in figure 1, or a pharmaceutically acceptable salt thereof."
2. Dependent Claims
Dependent claims specify particular embodiments, such as:
- Specific substituents or variants of the core compound
- Preferred formulations (tablets, capsules, injectable forms)
- Dosage regimens and treatment protocols
- Manufacturing conditions
Implication: The layered structure of claims provides a fence of protection around core innovations while allowing for specific embodiments.
Patent Landscape Context
1. Similar Patents and Prior Art Analysis
The robustness of CN1173695 depends on how it distinguishes itself from prior art. Patent searches reveal:
- Potential overlaps with earlier Chinese patents targeting similar chemical scaffolds
- International patents (e.g., US, EP) covering comparable compounds or methods
- Recent scientific publications describing related molecules, highlighting the novelty requirement
2. Innovation and Novelty
If CN1173695 introduces a truly new chemical structure or unique synthetic pathway, it strengthens its defensibility. However, if it modifies known compounds with minor changes, patent examiners may challenge its inventive step, risking invalidation.
3. Patent Family and Proxy Filings
- Related patents in jurisdictions like US and Europe could provide broader strategic coverage.
- European and US counterpart patent applications may precede or follow CN1173695’s filing, influencing its global patent portfolio.
Legal and Commercial Implications
1. Enforceability and Defensive Positioning
The strength of CN1173695’s claims underpins its enforceability against competitors. Broad independent claims bolster defense, while narrow claims may invite design-arounds.
2. Competitive Landscape
The patent intersects with other active patents in the Chinese pharmaceutical domain, especially in areas like oncology, cardiovascular, or infectious diseases, depending on the therapeutic target. Analyzing the patent family reveals potential collaborations, licensing opportunities, or infringement risks.
3. Challenges and Risks
- Invalidation Threats: Prior art or lack of inventive step may threaten patent validity.
- Patent Expiry and Market Dynamics: As the patent ages, generic competition may erode market exclusivity unless extended through supplementary protections.
Conclusion and Business Insights
China Patent CN1173695 exemplifies an aggressive approach to securing rights over promising pharmaceutical compounds or methods. Its scope, defined largely by claim breadth and novelty, provides a competitive moat in China’s lucrative pharmaceutical market. Successful enforcement relies on continued innovation, vigilance against infringing patents, and strategic licensing.
Firms should monitor similar patent filings, assess potential infringement risks, and consider international prosecution strategies. Moreover, leveraging this patent to support commercialization, licensing, or strategic partnerships in China can maximize its valorization.
Key Takeaways
- Claims define the core protective scope; broad independent claims enhance defensibility.
- Alignment with prior art influences patent strength; rigorous novelty and inventive step are critical.
- The patent landscape in China is competitive; active monitoring is necessary to avoid infringement or invalidation.
- International patent family filings can extend protection and influence global market strategies.
- Effective enforcement and licensing depend on understanding claim breadth, patent validity, and market dynamics.
FAQs
1. How does CN1173695 compare to similar patents internationally?
It’s crucial to review global patent applications in the same therapeutic field for overlapping claims. Comparing claim scope and priority dates can elucidate its relative strength and potential for global protection.
2. Can CN1173695 be challenged or invalidated?
Yes, via prior art submission, especially if prior disclosures predate the filing date or if the claims lack inventive step, as evaluated during patent examination or post-grant proceedings.
3. What are the strategic advantages of holding a patent like CN1173695 in China?
It secures exclusive rights to commercialize innovative pharmaceutical products, deters competitors, and provides leverage for licensing or partnerships within China.
4. How can the patent landscape influence R&D investments?
A strong patent position encourages innovation while avoiding infringement, guiding research toward protected territories and formulations.
5. Is there potential to extend protection beyond 20 years?
In China, extensions are limited; however, supplementary protection certificates (SPC) or patent term adjustments can sometimes provide additional market exclusivity in other jurisdictions.
References
[1] Chinese Patent CN1173695 documentation and prosecution history.
[2] Chinese Patent Law, Article 22-25, governing patent validity and scope.
[3] WIPO PatentScope database – for correlating Chinese patents with global counterparts.
[4] Scientific publications describing similar compounds and their therapeutic applications.
[5] Market analysis reports on pharmaceutical patent filings in China.
This comprehensive analysis equips stakeholders with an in-depth understanding of CN1173695, enabling informed strategic and legal decision-making within China’s pharmaceutical patent terrain.
