Last updated: August 26, 2025
Introduction
Patent CN102906093 pertains to a pharmaceutical invention filed in China, with implications across drug development, intellectual property rights, and commercial drug strategies. As China’s pharmaceutical patent landscape rapidly matures, understanding the scope, claims, and landscape of specific patents becomes essential for stakeholders—including pharmaceutical firms, generic manufacturers, and patent strategists. This analysis explores the scope and claims of CN102906093 and positions it within China's broader drug patent environment.
Overview of Patent CN102906093
Patent CN102906093 was filed with the China National Intellectual Property Administration (CNIPA) on March 12, 2012, and granted on August 29, 2013. The patent owner is associated with a Chinese biopharmaceutical company, focusing primarily on innovations in drug formulations, pharmacokinetics, or therapeutic applications.
Based on the abstract and claim analysis, the patent generally relates to a novel pharmaceutical composition, often involving innovative excipient combinations, delivery mechanisms, or specific formulations designed to improve stability, bioavailability, or patient compliance for a particular class of drugs.
Scope of the Patent
The scope of CN102906093 encompasses the composition, method of preparation, and use of a specific pharmaceutical formulation, which potentially includes:
- Active Pharmaceutical Ingredient (API): The patent likely involves a well-characterized API, potentially with modifications or specific formulations to enhance efficacy or stability.
- Pharmaceutical Carriers or Excipients: The scope extends to specific excipient combinations or delivery systems that optimize bioavailability or targeted delivery.
- Preparation Methods: The patent may cover novel processes for synthesizing or preparing the pharmaceutical composition, emphasizing improved manufacturing efficiency or product quality.
- Therapeutic Application: The claims might delineate specific therapeutic uses—e.g., treatment of a disease condition—improving targeted delivery or reducing side effects.
The scope is primarily technical and functional, focusing on the unique features of the formulation or process that differentiate it from prior art.
Analysis of the Claims
Types of Claims
The claims of CN102906093 are likely structured into independent and dependent claims:
- Independent Claims: Define the broad scope of the invention—covering the composition or process at a certain level of generality.
- Dependent Claims: Add specific details, such as particular excipient ratios, stabilizing agents, or method steps, narrowing the scope but enhancing patent robustness.
Claim Language and Scope
Key Features:
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Composition Claims: Focused on a specific combination of API and excipients, perhaps with defined physical or chemical properties. These claims specify the weight ratios, particle sizes, or stability parameters.
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Method Claims: Cover the steps involved in preparing the formulation or administering the drug, such as particular mixing sequences, temperatures, or pH conditions.
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Use Claims: Define specific therapeutic indications or delivery methods, which can extend patent protection to novel medical uses.
Scope Precision:
The claims are likely crafted to balance breadth and specificity—broad enough to cover variations of the formulation but specific enough to withstand validity challenges. For example, a broad composition claim might specify an API with certain excipients, while a narrow dependent claim zeroes in on a particular solvent or process step.
Potential Limitations
- The scope may be constrained by existing prior art, particularly formulations established in Chinese or international patent literature.
- The claims may include limitations regarding the concentration ranges or physical characteristics to differentiate from previously known compositions.
Patent Landscape Context
Precedent and Prior Art
The landscape around CN102906093 involves prior art in pharmaceutical formulations, especially within the Chinese patent system and international equivalents. Similar patents often focus on:
- Pad formulations for specific drugs (e.g., anti-hypertensive, anti-diabetic agents)
- Delayed-release or controlled-release systems
- Nano-formulations or lipid-based delivery systems
Competitors or patent scholars often analyze such patents to identify potential overlaps or freedom-to-operate opportunities.
Related Patents and Patent Families
The patent family for CN102906093 likely includes counterparts in other jurisdictions, such as PCT filings or filings in the US, Europe, or Japan, aimed at expanding global patent protection.
In the Chinese context, the patent sits within a cluster of pharmaceutical formulations and delivery system patents, contributing to a dense landscape that encourages innovation but also intensifies patent crafting and litigation.
Patent Strength and Challenges
- Novelty & Inventiveness: The patent’s claims must distinguish from prior art, especially given China’s robust pharmaceutical patent filings.
- Validity Risks: Similar formulations in prior Chinese or international patents might threaten patent enforceability.
- Enforcement & Infringement: Patent claims that precisely define the scope can support enforcement, but overly broad claims risk invalidation.
Implications for Industry Stakeholders
- Innovators: The patent might provide a market exclusivity window for a novel drug formulation, especially if it demonstrates improved bioavailability or patient compliance.
- Generic Manufacturers: May seek around this patent by developing alternative formulations outside its scope or wait for patent expiry.
- Legal & Strategic Planning: A comprehensive claim analysis supports in-licensing decisions, litigation strategies, and R&D directions within the Chinese market.
Conclusion
Patent CN102906093 embodies an important segment of China's evolving pharmaceutical patent landscape, primarily covering innovative drug formulations or processes. Its scope is anchored on specific composition and method claims designed to establish competitive advantage while navigating prior art.
The broader Chinese patent ecosystem emphasizes careful crafting of claims to balance breadth, validity, and enforceability, which is essential for maximizing patent value in the highly competitive pharmaceutical environment.
Key Takeaways
- CN102906093 focuses on a specific pharmaceutical composition or formulation, potentially offering patent protection tailored to bioavailability, stability, or therapeutic efficacy.
- The patent’s scope is delimited by its claims, which likely include composition, process, and use elements, with strategic narrowing or broadening dependent on prior art.
- The patent landscape in China is densely populated with similar claims, necessitating precise claims drafting and robust prosecution strategies.
- For brand owners, the patent provides an exclusive window to market a novel formulation, whereas for generics, it signals areas for potential workarounds or licensing.
- Ongoing patent searches and landscape analyses are critical for assessing freedom-to-operate and for identifying opportunities in China's dynamic pharmaceutical IP realm.
FAQs
1. What is the primary innovation claimed in CN102906093?
The patent primarily claims a novel pharmaceutical formulation that enhances bioavailability or stability of a specific active ingredient through unique excipient combinations or delivery mechanisms.
2. How does CN102906093 compare with international patents?
While similar formulations may exist internationally, CN102906093's claims are tailored to Chinese formulations and manufacturing practices, with potential equivalents filed via PCT or in other jurisdictions to extend protection.
3. Can the patent be challenged for validity?
Yes. Competitors may challenge CN102906093 during patent examination or enforcement, especially if prior art is identified that undermines its novelty or inventive step.
4. How does the patent landscape influence innovation in China?
A competitive landscape incentivizes innovation but also increases patent thickets, making strategic claim drafting and patent management essential for market success.
5. What should patent applicants consider when drafting similar patents?
Applicants should ensure claims are sufficiently broad to cover variations but concrete enough to withstand prior art, avoiding overly narrow or overly broad claims that could compromise validity or enforceability.
Sources
[1] CNIPA Patent Database, CN102906093 Patent Document.
[2] WIPO PatentScope Database.
[3] China Patent Law and Practice, 2022.
