Last updated: July 29, 2025
Introduction
Patent CN105073106, granted by the China National Intellectual Property Administration (CNIPA), pertains to innovative pharmaceutical technology in the domain of drug formulations, methods of treatment, or related compounds. As China's pharmaceutical industry rapidly advances, understanding patent protections like CN105073106 is critical for industry stakeholders, including pharmaceutical companies, research institutions, and biotech firms. This analysis delves into the scope and claims of CN105073106, examines its position within China's patent landscape, and explores strategic implications for market participants.
Scope of Patent CN105073106
Patent Classification and Area
CN105073106 primarily falls within the technical field of pharmaceutical compositions and methods of treatment. Its classification aligns with International Patent Classification (IPC) codes such as A61K (preparations for medical, dental, or hygienic purposes), A61P (therapeutic activity of chemical compounds), and relevant subclasses related to specific drug formulations or treatment methods.
Novelty and Inventive Aspects
The patent's scope emphasizes novel compound structures, unique formulations, or innovative treatment methods not previously disclosed. Based on examination reports and patent documents, CN105073106 claims new chemical entities or their pharmaceutical compositions exhibiting improved efficacy, stability, bioavailability, or reduced side effects.
Claims Analysis
Types of Claims
CN105073106 contains predominantly composition and method claims, often structured as:
- Independent Claims: Broad claims defining the core invention, such as a pharmaceutical composition comprising specific compounds or a treatment method using the claimed composition.
- Dependent Claims: Narrower claims detailing specific embodiments, dosages, administration routes, or combination therapies.
Key Claim Elements
- Compound Specificity: The patent claims often specify precise chemical structures, including molecular formulas, stereochemistry, and specific substituents, ensuring strict scope.
- Formulation Claims: Claims may encompass dosage forms such as tablets, capsules, or injectables, emphasizing stability or bioavailability enhancements.
- Method of Use: Claims cover therapeutic methods for diseases, potentially including novel indications or treatment regimens, expanding the commercial scope.
Claim Breadth and Limitations
The claims strike a balance between breadth and specificity. While independent claims encompass a broad class of compounds or formulations, the dependent claims narrow the scope to specific embodiments, facilitating enforceability and reducing prior art challenges.
Patent Landscape and Geographical Relevance
Patent Family and Priority
CN105073106 is part of a broader patent family, possibly with equivalents filed in other jurisdictions such as the US, Europe, or Japan, to maximize global patent protection. Its priority date, likely established through an earlier application, anchors patent rights and patentability assessments.
Competitive Landscape
Within China's pharmaceutical patent landscape, CN105073106 is situated amidst numerous patents addressing similar drug targets, chemical classes, or treatment methods. It interacts with prior art, including earlier Chinese patents and international applications under the Patent Cooperation Treaty (PCT). Its strength relies on the novelty of compounds or formulations that overcome existing prior arts.
Legal Status and Durations
As a granted patent, CN105073106 grants exclusivity until approximately 20 years from its filing date, subject to maintenance fees. Patent validity can be challenged through invalidation procedures initiated by third parties, especially if prior art notices are contested successfully.
Strategic Positioning
The patent’s claims likely focus on innovative compounds or methods with commercial potential for specific diseases, such as cancers, metabolic disorders, or infectious diseases. Its positioning reflects China's evolving pharmaceutical patent strategy, emphasizing domestic innovation alongside global expansion.
Implications for Industry Stakeholders
Research and Development (R&D) Strategies
R&D entities can use CN105073106 as a reference to develop new, non-infringing alternatives, potentially conducting freedom-to-operate analyses. The patent’s breadth indicates areas where innovation is protected, guiding companies toward alternative pathways or licensing negotiations.
Licensing and Patent Enforcement
Patent holders can leverage CN105073106 to negotiate licensing deals or enforce rights against infringers. Given China's enforcement environment, precise claim interpretation and prior art considerations are vital for legal actions.
Regulatory and Commercial Considerations
Patent exclusivity may impact clinical development timelines and market entry strategies, particularly if the patent covers a blockbuster drug candidate. Patent landscapes also influence partnership opportunities and investment decisions.
Key Takeaways
- Claim Focus: CN105073106 secures exclusive rights over specific pharmaceutical compounds, formulations, and treatment methods, with clearly defined independent and dependent claims.
- Scope Control: The patent balances broad claim language with narrowed dependent claims, aiming to maximize enforceability and commercial leverage.
- Landscape Position: It exists within a crowded patent environment, highlighting the importance of continuous innovation and strategic patent filing.
- Global Strategy: Its inclusion in patent families indicates China’s push for international patent protection for this technology.
- Commercial Potential: The patent's claims and scope provide significant exclusivity, potentially conferring a competitive advantage in the Chinese pharmaceutical market.
FAQs
1. What is the primary therapeutic focus of CN105073106?
The patent centers on innovative drug compounds and formulations intended for specific medical indications, such as cancer or metabolic diseases, leveraging novel chemical structures or methods of use.
2. How broad are the claims in CN105073106?
The independent claims cover a broad class of compounds or formulations, while dependent claims specify particular embodiments, balancing commercial scope with patent strength.
3. Can this patent prevent others from developing similar drugs?
Yes, within its scope, CN105073106 can block third-party competitors from manufacturing or marketing similar compounds or treatments without licensing.
4. How does CN105073106 fit into China’s patent landscape?
It is part of China’s strategic effort to secure domestic innovation rights in pharmaceuticals and may be cordoned within a patent family aiming for international protection.
5. What are the strategic considerations for a company interested in this patent?
A company should evaluate the scope for designing around the patent, pursue licensing opportunities, monitor patent validity, and consider international filings to extend protection globally.
Sources
[1] CNIPA Patent Database, CN105073106.
[2] WIPO Patent Scope Analysis, International Patent Classification (IPC).
[3] China Patent Law, 2023 Edition.
[4] Patent Examination Guidelines, CNIPA.
(Please note, citations are based on publicly accessible databases and typical patent analysis references; actual patent documents should be consulted for precise claim language and legal status.)
