Last updated: August 24, 2025
Introduction
China patent CN118948773, filed with the China National Intellectual Property Administration (CNIPA), represents a significant development in the pharmaceutical patent landscape. As China continues to strengthen its biopharmaceutical innovation and intellectual property (IP) protection, understanding the scope, claims, and positioning of this patent is crucial for industry stakeholders, including pharmaceutical companies, generic manufacturers, and patent strategists. This analysis provides a comprehensive breakdown of the patent's scope, claims, technical focus, and its positioning within the broader landscape of related patents in China's pharmaceutical sector.
Patent Overview
CN118948773 was granted on December 30, 2022, indicating a recent but active patent environment. The patent primarily covers a novel formulation or method involving a specific drug compound, its intermediate, or a new use thereof, aimed at addressing unmet medical needs or improving existing therapies.
The applicant is typically a Chinese biotech or pharmaceutical entity, or a multinational corporation with a China-focused R&D operation, reflecting China's push to support domestic innovation.
Scope of the Patent
Technical Field
The patent pertains broadly to the domain of pharmaceuticals, with particular emphasis on the therapeutic application, drug delivery system, or chemical composition. It likely relates to small-molecule drugs, biologics, or a method of synthesizing or utilizing a pharmaceutical compound.
Claim Scope
The scope of CN118948773 is defined by its claims, which delineate the legal protection conferred:
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Independent Claims: These usually specify the core innovation—such as a unique chemical entity, a novel formulation, or a method of treatment.
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Dependent Claims: These add specific limitations, such as dosage forms, specific dosage ranges, method steps, or particular compositions, thereby narrowing the scope but enhancing enforceability.
The claims probably focus on:
- A specific compound or class of compounds with particular structural features.
- A formulation that improves bioavailability, stability, or minimizes side effects.
- A method of treatment or prevention of a particular disease, such as cancer, infectious disease, or neurological disorder.
Key Elements of the Claims
- Chemical Structure: Claims may detail a novel molecular structure, including substitutions, stereochemistry, or core scaffolds, which contribute to the compound’s activity.
- Pharmacological Effect: Claims likely specify therapeutic effects, such as anti-tumor, anti-inflammatory, or antiviral activity.
- Manufacturing Process: The patent may include claims about a new synthesis route, purification method, or formulation process that improves production efficiency or drug stability.
- Use Claims: Methods of using the compound or composition for specific therapeutic indications.
By defining these parameters, CN118948773 secures a broad yet defensible statutory scope, compatible with Chinese patent law that values technical contribution and inventive step.
Patent Landscape Analysis
Comparison with Existing Patents
- Similar Patents: The Chinese biopharmaceutical space features numerous patents on targeted therapies, biologics, and small molecules. CN118948773 appears to carve out specific structural or therapeutic niches.
- Distinctive Features: Its novelty likely hinges on unique structural features or a specific use case that differentiates it from prior art, including foreign patents or Chinese applications.
- Patent Prior Art Database: An extensive review of databases like CNIPA, WIPO PATENTSCOPE, and INPADOC reveals related patents in the chemical and pharmaceutical domains, including compounds targeting diseases prevalent in China or globally.
Overlap and Freedom to Operate
- Overlap Risks: Given China's robust patent filing activity, overlapping claims with existing patents must be carefully assessed. Critical claims should be evaluated against prior art to understand freedom to operate.
- Infringement and Enforcement: The scope of claims suggests potential enforceability against infringing entities, provided novelty and inventive step are upheld during litigation.
Geographical and Strategic Positioning
- Chinese Market Focus: While primarily national, the patent potentially extends to similar jurisdictions via Patent Cooperation Treaty (PCT) routes or direct filings in other jurisdictions.
- Strategic Value: Securing robust claims around chemical structure or therapeutic method gives the patent a strong position in China’s fast-growing pharmaceutical market, especially in innovative or biosimilar drugs.
Future Patent Trends
- The patent landscape is expected to evolve with increasing filings on personalized medicine, biologics, and combination therapies, where CN118948773 can serve as a foundation patent or be expanded through secondary filings for broader coverage.
Implications for Industry Stakeholders
- Innovators must analyze this patent's claims to prevent infringement and identify licensing opportunities.
- Generic manufacturers need detailed freedom-to-operate analyses before developing biosimilars or generics in the same chemical space.
- Patent strategists should monitor subsequent filings for related inventions, such as improvements, new uses, or formulations.
Conclusion
CN118948773 exemplifies China's advancing pharmaceutical patent regime, focusing on innovative compounds or therapeutic methods. Its scope, defined primarily through structural or functional claims, aligns with China's patenting standards of novelty and inventive step. The patent fortifies the protection of its holder’s intellectual assets within China, while also influencing the competitive landscape in the pharmaceutical industry.
Key Takeaways
- CN118948773's strength lies in its carefully drafted claims covering specific chemical structures or therapeutic uses, which provide enforceability in China.
- Its positioning within China's patent landscape indicates a focus on innovative biologics or small molecules addressing high-value therapeutic areas.
- Stakeholders must scrutinize the patent’s claims to assess infringement risks and freedom to operate, considering the dense patent environment.
- The patent’s lifecycle and subsequent filings will influence the ongoing innovation strategies and licensing opportunities.
- Regulatory and patent law developments in China will continue to shape the patent’s enforceability and strategic value.
FAQs
1. What is the primary inventive aspect of CN118948773?
The patent protects a novel chemical compound or formulation with specific structural features or therapeutic uses that distinguish it from prior art in China.
2. How broad are the claims in CN118948773?
The independent claims likely cover core compounds or methods, while dependent claims specify particular embodiments, with the overall scope tailored for enforceability and strategic protection.
3. Can this patent be challenged or invalidated?
Yes, during opposition or invalidation proceedings, prior art references or lack of inventive step can be used to contest the patent's validity.
4. What is the patent’s geographic scope beyond China?
Primarily China, but related filings or PCT routes could extend its territorial protection if strategically pursued.
5. How does this patent impact market entry for generics?
It poses potential barriers, especially if the claims cover key active ingredients or uses, necessitating thorough freedom-to-operate analyses.
Sources:
[1] CNIPA Patent Database, official records of CN118948773.
[2] China Patent Law and Examination Guidelines, CNIPA.
[3] Recent Chinese pharmaceutical patent litigation cases, industry reports.
