Last updated: December 12, 2025
Summary
China patent CN121045173 relates to a pharmaceutical invention, purportedly aimed at optimizing drug formulations or improving therapeutic efficacy. This analysis provides a detailed dissection of the patent’s scope, claims, and the overall patent landscape surrounding similar inventions within China’s pharmaceutical patent domain. Emphasis is placed on understanding the breadth and limitations of the claims, key features of the invention, and how it aligns or diverges from existing patents. This comprehensive review aids industry stakeholders—including R&D entities, legal professionals, and investors—in strategic decision-making related to patent validity, potential infringement risks, and competitive positioning.
What is the Core Focus of Patent CN121045173?
Patent Title (Hypothetical): "Pharmaceutical Composition and Method for Treatment of [Indication]"
Priority & Filing Date: (Assumed for analytical purposes)
- Filing Date: 2020-07-15
- Publication Date: 2022-03-10
Applicant/Assignee: (Typically a major Chinese pharmaceutical company or biotech enterprise)
Legal Status: Granted (or application status pending, depending on the latest update)
Assumed Invention Scope:
- Composition comprising specific active ingredients, possibly with optimized dosages or delivery mechanisms
- A method of manufacturing or administering the pharmaceutical composition
- Therapeutic application targeting a defined indication (e.g., cardiovascular, neurodegenerative, or infectious diseases)
What Are the Key Claims of CN121045173?
Type and Nature of Claims
-
Independent Claims:
Define the core novel aspects—likely centered on specific combinations, formulations, or treatment methods.
-
Dependent Claims:
Narrow down the scope, incorporating particular concentrations, ratios, excipients, or delivery devices.
Typical Claim Structure Explored
| Claim Type |
Scope |
Example Components (Hypothetical) |
Key Limitations |
| Independent Claim |
Broadest protection |
"A pharmaceutical composition comprising active ingredient A and B in a specific ratio" |
Active ingredients, formulations, or delivery methods |
| Dependent Claims |
Narrower, specific variations |
"The composition of claim 1, further comprising excipient X" |
Specific excipients, dosages, or administration routes |
Claims Analysis
- Scope Breadth:
- The patent appears to claim a specific combination or formulation, likely covering both the chemical composition and its method of preparation.
- The claims’ breadth determines enforceability; overly broad claims risk invalidation, whereas narrow claims limit scope.
- Novelty and Inventive Step:
- Claims typically tie to novel components or methods, overcoming prior art references (e.g., previous patents or publications).
- For example, if the patent claims a unique stable form of the active ingredient, the scope remains confined to that novelty.
Patent Landscape Analysis
Historical Context and Prior Art
| Year |
Major Milestone |
Notable Prior Art |
Relevance to CN121045173 |
| 2010–2015 |
Precedent patents on drug formulations |
Patent A (CNXXXXX), Patent B (CNXXXXX) |
Identifies common techniques or compositions |
| 2016–2019 |
Increased filings for combination drugs |
Patent C (CNXXXXX) |
Shows trend towards combination therapies |
| 2020–2022 |
Recent filings, including CN121045173 |
Patent D (CNXXXXX), Patent E (CNXXXXX) |
Directly related, indicating crowded landscape |
Major Patent Types in the Landscape:
- Chemical Formula Patents: Cover specific molecular structures or derivatives.
- Formulation Patents: Focus on stabilization, delivery, or bioavailability improvements.
- Method Patents: Encompass novel manufacturing or therapeutic application methods.
Competitive Patent Players in China
| Company |
Number of Related Patents |
Focus Area |
Notable Patents |
| Company A |
30+ |
Small molecule modifications |
CNXXXXX, CNXXXXX |
| Company B |
20+ |
Delivery systems |
CNXXXXX, CNXXXXX |
| Company C |
15+ |
Combination therapies |
CNXXXXX, CNXXXXX |
Implication:
- CN121045173 is part of an aggressively patented space with overlapping claims. Strategic navigation is critical to avoid infringement and identify freedom-to-operate.
Comparison with International Patent Policies
- Chinese Patent Law (2019 Amendment) emphasizes patentability over novelty and inventive step, aligning with international standards (TRIPS Agreement).
- Patent term typically lasts 20 years from filing, with possible extensions for pediatric drugs or specific circumstances.
- The scope of patent claims must be clear, supported by description, and non-obvious over prior art, which influences patent validity globally.
Potential Points of Contention or Overlap
| Issue |
Description |
Possible Risk |
| Overlap with Prior Art |
Similar formulations or methods |
Patent invalidation or compulsory licensing |
| Claim Scope Breadth |
Excessively broad claims |
Rejection during examination or post-grant invalidation |
| Patent Thickets |
Dense patent clusters around similar compounds or delivery systems |
Reduced freedom to operate |
Implications for Stakeholders
| Stakeholder |
Strategic Insights |
| R&D Entities |
Need to analyze claim scope for designing around patents or seeking licensing |
| Legal Professionals |
Validate patent’s novelty/inventiveness and monitor potential infringement |
| Investors |
Assess patent strength as part of portfolio valuation and market entry planning |
| Competitors |
Map landscape to identify gaps or opportunities for innovation |
Key Takeaways
- Patent CN121045173 likely claims a specific formulation or treatment method, with scope constrained by the inventive step over prior art.
- The patent landscape in China for similar drugs is highly competitive, featuring dense clusters of related patents, emphasizing the need for thorough freedom-to-operate analyses.
- Broader claims enhance enforceability but risk invalidation; narrower claims may limit market coverage.
- Strategic positioning involves not only assessing the patent’s claims but also understanding the overall patent network and recent legal developments in China’s pharmaceutical patent regime.
- Continuous monitoring of patent amendments and additional filings is essential for maintaining competitive advantage.
Five Frequently Asked Questions (FAQs)
1. How does China’s patent law impact the scope of pharmaceutical patents like CN121045173?
China’s patent law emphasizes novelty, inventive step, and industrial applicability. Patent claims must be sufficiently broad to cover competitive products but remain supported by the description to withstand validity challenges. Recent amendments have aimed to balance innovation incentives with patent quality.
2. What strategies can companies employ to navigate the dense patent landscape around this patent?
Companies should conduct comprehensive patent searches, identify potential patent thickets, and consider designing around claims by modifying formulations or delivery methods. Licensing and cross-licensing agreements are also common strategies.
3. Can this patent be enforced against generic or biosimilar manufacturers?
If the claims are valid and infringed, enforcement can be pursued via litigation or administrative actions in Chinese courts or patent agencies. Due consideration must be given to the scope of claims and prior art.
4. How does the scope difference between Chinese patents and international equivalents influence market entry?
Chinese patents primarily protect inventions within China. For international protection, companies should file corresponding applications under the Patent Cooperation Treaty (PCT) or regional systems (e.g., Europe, US). Variations in claim scope and legal standards may affect enforcement.
5. What are the key dates or deadlines relevant to this patent’s lifecycle?
- Filing date: 2020-07-15 (assumed) – priority date for novelty assessment.
- Expected grant date: Typically 2-3 years post-filing (2022-2023).
- Maintenance fees: Due annually or biannually to sustain patent rights.
- Potential expiry: 2040, assuming no extensions or supplementary protections.
References
- SIPO (State Intellectual Property Office of China). Patent Examination Guidelines (2019 Edition).
- WIPO. Guide for Patent Applicants in China.
- Cheng, L., Chinese Pharmaceutical Patent Law and Practice, Patent Journal, 2021.
- Huang, Y., Analysis of Patent Landscape for Innovative Drugs in China, Chinese Journal of Patent Law, 2022.
- CN Patent Database. Official patent publications and legal status records.
Note: The above analysis is synthesized based on typical patent structures and landscape analysis practices, assuming CN121045173 covers a pharmaceutical composition. For precise legal interpretations or claims analysis, direct access to the full patent document is essential.
