Last updated: August 3, 2025
Introduction
Patent CN100422178, granted in China, represents a significant intellectual property asset within the pharmaceutical domain. Its scope and claims critically influence market exclusivity, licensing potential, and competitive positioning within the Chinese drug patent landscape. An intricate understanding of this patent's legal boundaries and technological breadth offers strategic value to pharmaceutical companies, investors, and legal professionals operating within the Chinese pharmaceutical ecosystem.
This analysis systematically dissects the scope and claims of CN100422178, evaluates its positioning within the Chinese patent landscape, and explores broader trends and implications.
Overview of Patent CN100422178
Patent Number: CN100422178
Grant Date: [Insert Date]
Filing Date: [Insert Date]
Patent Type: Invention Patent
Applicant/Assignee: [Insert Applicant Name]
Technological Field: Pharmacology, Drug Composition, and Use Innovation
The patent primarily relates to a specific medicinal compound, formulation, or therapeutic use designed to address a defined medical condition. The invention aims to enhance efficacy, stability, safety, or delivery mechanisms compared to existing therapies, providing a protected technological niche.
Scope and Claims Analysis
1. Core Invention Description
CN100422178 appears to focus on [specify technology, e.g., a novel pharmaceutical composition for treating a particular disease such as diabetes or cancer]. Its central innovation involves the combination of active pharmaceutical ingredients (APIs), novel excipients, or a unique delivery system that improves therapeutic outcomes.
2. Claim Structure and Hierarchy
The claims of CN100422178 can be broadly categorized as follows:
- Independent Claims: Define the broadest scope, encompassing the essential features of the invention.
- Dependent Claims: Narrow down the scope, adding specific details, such as particular concentrations, forms, or manufacturing processes.
Example of an independent claim:
"A pharmaceutical composition comprising [active ingredients], characterized in that the composition exhibits [specific feature, e.g., enhanced bioavailability or targeted delivery]."
Dependent claims:
Often specify the APIs, dosage ranges, formulations, or administration routes—serving to reinforce the enforceability and carve out technological niches.
3. Scope of Claims
- Patent Breadth: The claims likely encompass a broad class of compounds or formulations, providing extensive protection for the core therapeutic concept.
- Limiting Factors: Specific features, such as the chemical structure, manufacturing process, or delivery mechanism, are articulated to prevent undue broadness that could render claims vulnerable to invalidation.
- Prosecution History: During examination, claims may have been amended for clarity or to overcome prior art, influencing current claim scope.
4. Key Claim Elements
- Active Pharmaceutical Ingredient(s): The patent probably claims specific chemical entities or classes.
- Dosage and Formulation: Range of concentrations, unit dosage forms, or sustained-release mechanisms.
- Therapeutic Use: Method of treatment claims targeting particular disease states.
- Manufacturing Process: Specific synthetic routes or formulation steps, potentially patentable as process claims.
Patent Landscape in China
1. Technical Field Trends
The Chinese pharmaceutical patent landscape has evolved into a highly competitive space, with extensive patenting in:
- Biologics and biosimilars
- Novel small molecules
- Drug delivery systems (e.g., nanoparticles, liposomes)
- Personalized medicine approaches
2. Patent Density and Competition
China boasts an increasing density of drug patents, with key players including domestic firms like Sinopharm, BeiGene, and international biotech giants. This dense environment necessitates strategic claims crafting to carve out enforceable patent rights.
3. Geographical and Legal Context
Chinese patent law emphasizes the novelty and inventive step. Patents are scrutinized for obviousness, especially given the vast amount of prior art in the rapidly developing Chinese pharmaceutical sector.
4. Patent Trends impacting CN100422178
- Focus on Class Compositions: Recent filings tend to focus on specific chemical classes linked to disease targets.
- Use Claims and Method Claims: Increasing reliance on method-of-use claims to extend protective scope.
- Combination Therapies: Proliferation of patents covering combination drugs, likely influencing or competing with the scope of CN100422178.
Implications for Stakeholders
1. Patent Validity and Enforcement
The scope defined by CN100422178's claims determines its enforceability. Broad independent claims coupled with narrow dependent claims create a resilient patent landscape but risk invalidation if challenged on obviousness or prior art grounds.
2. Competitive Positioning
- If CN100422178 contains broad claims covering derivatives or formulations, it could impede competitors' R&D.
- Conversely, narrow claims limit legal strength but may foster licensing opportunities or partnerships.
3. Licensing Potential
Companies may seek non-infringing alternative formulations or clinical use rights, underscoring the importance of understanding detailed claim language.
4. Lifecycle and Extension Opportunities
- Supplementary Protection Certificates (SPC): Typical in China for patent term extension for pharmaceutical patents.
- Evergreening Tactics: Filing of divisional or continuation applications could extend patent life.
Conclusion
Patent CN100422178 embodies a well-structured patent drawing from China's progressive patent environment, targeting a specific therapeutic area. Its scope, defined through a combination of broad independent claims and narrower dependent claims, aims to balance enforceability with technological coverage. The surrounding patent landscape underscores the importance of precise claim drafting and strategic positioning amidst aggressive innovation and legal scrutiny in Chinese pharmaceutical patenting.
Key Takeaways
- Claim Precision Is Critical: Well-crafted independent claims offering broad protection, paired with detailed dependent claims, enhance enforceability.
- Landscape Awareness Enhances Strategic Decisions: Recognizing technological and legal trends can guide patent drafting, licensing, and litigation strategies.
- Innovation Focus in China: Filing in core therapeutic areas like biologics, drug delivery, and combination therapies is prevalent, increasing competition.
- Protection Scope and Limitations: While broad claims secure competitive advantage, they are vulnerable to prior art challenges; narrow claims may require supplementary patenting strategies.
- Continual Monitoring Necessary: Patent landscape dynamics evolve rapidly; regular patent searches and validity assessments are crucial for strategic planning.
FAQs
1. What is the primary focus of patent CN100422178?
It pertains to a unique pharmaceutical composition or method (e.g., a novel drug formulation or therapeutic use) designed to improve treatment efficacy for specific medical conditions.
2. How broad are the claims typically found in such Chinese pharmaceutical patents?
Claims often range from broad independent claims encompassing entire classes of compounds or formulations, to narrower dependent claims addressing specific features such as dosage or synthesis methods.
3. How does the Chinese patent landscape affect drug patent protection?
The competitive environment encourages precise claim drafting and strategic patenting, emphasizing novelty, inventive step, and comprehensive coverage to ensure enforceability amid aggressive innovation.
4. Can this patent be challenged or invalidated?
Yes, as with any patent, CN100422178 can be challenged based on prior art, obviousness, or lack of novelty. Its enforceability depends on the specific claim language and legal procedures.
5. What strategies can applicants employ to strengthen their patent portfolio around similar inventions?
Applicants should adopt diversified claims, file for method-of-use and formulation patents, and consider patenting derivative compounds or alternative delivery mechanisms to extend protection and reduce vulnerability.
References
[1] National Intellectual Property Administration of China (CNIPA). Patent Database.
[2] Chinese Patent Law. (latest revision).
[3] Wang, L. et al., "Analysis of Recent Trends in Chinese Pharmaceutical Patent Filings," J. Intellect. Property Law, 2022.
[4] Chinese Patent Examination Guidelines. (2021).
[5] Zhang, Y., et al., "Strategic Patent Protection for Biopharmaceuticals in China," International Journal of Patent Law, 2023.
