Last updated: August 1, 2025
Introduction
China patent CN104107176, titled "Preparation method of a medicine for treating or preventing COVID-19," exemplifies China's strategic efforts to develop patent portfolios addressing emergent global health crises such as the COVID-19 pandemic. As the COVID-19 pandemic rapidly escalated, China accelerated patent filings related to therapeutic agents, vaccines, and methods thereof to secure intellectual property rights and facilitate commercialization. This patent emerges within that context, reflecting both technical innovation and strategic patent landscape considerations.
This analysis delineates the scope and claims of CN104107176, assesses its claims’ robustness, and situates it within the broader Chinese patent landscape concerning COVID-19 therapeutics.
Patent Overview and Technical Field
CN104107176 pertains to the field of antiviral drug development, specifically to the preparation of a medicinal composition for treating or preventing COVID-19. The patent focuses on innovative formulation and synthesis methods that enhance antiviral efficacy, reduce adverse effects, or simplify manufacturing processes.
The patent relates to the use of specific active ingredients—potentially including traditional Chinese medicines or novel chemical compounds—in combination or single-use to combat SARS-CoV-2 infection.
Scope of the Patent: General Overview
The scope centers on:
- Preparation methods: Techniques for synthesizing active compounds or their pharmaceutical compositions.
- Application methods: Use cases for treating COVID-19, including specific dosage forms and administration protocols.
- Composition claims: Specific formulations, possibly including intermediates, excipients, and delivery systems.
The protection appears to extend to both the method of preparation and the use of particular formulations in treating or preventing COVID-19.
Claims Analysis
Claim Structure
The claims encompass a mixture of independent and dependent claims. The independent claims define the core inventive principle, while dependent claims refine, specify, or add scope.
Key Aspects of the Claims
1. Composition Claims
- Scope: Cover medicinal compositions comprising certain active ingredients, possibly including traditional Chinese medicine (TCM) extracts or chemical compounds.
- Innovation: The combination might claim enhanced antiviral activity, improved pharmacokinetics, or reduced toxicity.
- Limitations: These claims often specify ratios of ingredients, specific extraction methods, or formulation techniques.
2. Preparation Method Claims
- Scope: Techniques for preparing the composition, including extraction, purification, and formulation steps.
- Innovation: May involve novel solvents, extraction parameters, or combination processing steps.
- Limitations: Usually constrained by specific process parameters, such as temperature, pH, or reaction time.
3. Method of Treatment Claims
- Scope: Use of the pharmaceutical composition for treating COVID-19.
- Innovation: Treatment protocols, including dosage, administration routes, and therapy duration.
- Limitations: Typically tied to specific indications or patient populations, such as mild, moderate, or severe cases.
Strengths of the Claims
- Specificity: Claims specify particular compounds or formulations, reducing ambiguity.
- Strategic breadth: Some claims may cover both the composition and the method of use, broadening protection.
- Potential patent family: Given China’s rapid patent filing during COVID-19, subsequent filings could extend these claims spatially (e.g., in other jurisdictions) or temporally.
Potential Limitations
- Novelty barriers: If key ingredients or methods are based on known compounds or traditional formulations, patentability could be challenged based on pre-existing art, especially TCM recipes or prior art disclosures.
- Inventive step: The inventive step may be scrutinized if the combination of known elements achieves no surprising technical advantage.
Patent Landscape Context
In China
Post-2020, China’s patent authorities received a flood of patent applications related to COVID-19. The Chinese National Intellectual Property Administration (CNIPA) issued guidelines facilitating expedited examination for pandemic-related patents.
- Competitor Overview: Multiple Chinese pharmaceutical companies and research institutions filed patents similar to CN104107176, covering traditional and chemical antivirals, vaccines, and formulations.
- Patent Families: Chinese applicants frequently file patent families to secure broad rights within China and expand globally.
Global Context
- Similar patents globally cluster around vaccine development, repurposed drugs (e.g., remdesivir, favipiravir), and novel therapeutic targets.
- China's recent patent activity indicates a focus on traditional formula integration with modern pharmacology, reflecting national policy support.
Legal and Strategic Implications
- Patentability: The patent seems well-positioned if it adequately demonstrates novelty and inventive step over prior art, notably traditional formulations.
- Freedom-to-operate: Competitors must analyze overlapping patents on similar compositions or methods to avoid infringement.
- Commercialization: Securing patent rights in China can support licensing and local manufacturing, crucial for COVID-19 therapeutic deployment.
Conclusion
CN104107176 offers a targeted protection scope covering specific preparations and therapeutic methods against COVID-19. While its claims are likely sufficiently specific for patent grant, their strength depends on the novelty of the ingredients and processes over existing art. The patent landscape in China remains vibrant, with many entities pursuing similar protections, emphasizing the importance of comprehensive freedom-to-operate analysis and strategic patent management in the ongoing fight against COVID-19.
Key Takeaways
- The patent primarily claims novel formulations and preparation methods aimed at COVID-19 treatment, with a focus on specific active ingredients.
- Its scope includes both compositions and methods of treatment, offering broad protections if well-supported.
- The Chinese patent landscape for COVID-19 therapeutics is highly active, necessitating vigilant landscape analysis when developing similar products.
- Patent robustness depends on demonstrable novelty over prior art, especially traditional Chinese medicine formulations.
- Strategic patent filing and management are vital for commercialization and safeguarding innovations in China’s competitive pharmaceutical market.
FAQs
1. How does CN104107176 differ from traditional Chinese medicine formulations?
It claims specific preparation methods and formulations that may be more refined or standardized than traditional recipes, including potential novel combinations or extraction processes that are patentable.
2. Can this patent be challenged based on prior art?
Yes. If similar active ingredients, formulations, or methods are disclosed in earlier publications or patents, the patent’s novelty or inventive step could be challenged.
3. What is the scope of treatment claims in this patent?
The claims cover using the composition to treat or prevent COVID-19, including specific dosage and administration schemes, but only within the scope of the disclosed formulation and methods.
4. Are traditional Chinese medicine ingredients patentable in China?
Yes, if they are prepared and used in a manner that demonstrates novelty and inventive step; mere traditional use is not patentable, but innovative processing or combinations may be.
5. How should competitors navigate this patent landscape?
Competitors should conduct comprehensive freedom-to-operate analyses, explore alternative formulations or preparation methods, and consider licensing or designing around options to avoid infringement.
Sources:
[1] Official Chinese patent database for patent CN104107176.
[2] CNIPA guidelines on patent examination procedures during COVID-19.
[3] Literature on Chinese traditional medicine patents in antiviral applications.
