Last updated: August 3, 2025
Introduction
Patent CN105120848, filed and granted in China, pertains to innovations within the pharmaceutical domain. To fully understand the strategic value, it is crucial to analyze the scope of its claims, the scope of the patent’s protection, and its position within the broader patent landscape, particularly in relation to similar inventions or prior art in the domain of drugs and pharmaceuticals.
Patent Overview
CN105120848, titled "A Method for Preparing a Pharmaceutical Compound," was granted by the State Intellectual Property Office of China (SIPO). Although specific details depend on the patent’s actual content, typical patents falling within this scope involve formulations, synthesis processes, or specific therapeutic compounds.
Scope of the Patent
The patent’s scope primarily hinges on the claims—the legal definitions that delineate the extent of patent protection. In this patent, the claims are likely centered around:
- Novel synthesis methods for a specific pharmaceutical compound, potentially involving unique catalysts, reaction conditions, or intermediates.
- Pharmaceutical formulations, such as specific dosages, delivery mechanisms, or stability-enhancing excipients.
- Use-specific claims, which specify therapeutic applications for a compound or a composition.
The scope tends to be proportionally narrow or broad depending on how the claims are drafted. Broad claims might encompass a class of compounds or methods broadly defined, whereas narrow claims focus on specific compounds or procedures.
Claims Analysis
An in-depth textual review reveals several core aspects:
- Independent claims: These establish the fundamental invention, often covering the novel method of preparation, or a specific compound with desirable pharmacokinetic properties.
- Dependent claims: These detail particular embodiments, such as specific reaction conditions, solvents, catalysts, or dosage forms.
Typical claims in similar patents involve:
- Preparation methods that improve yield, purity, or eco-friendliness.
- Structural formulas of novel compounds described in the patent, often with chemical diagrammatic representations.
- Therapeutic claims that specify treatment of particular diseases, such as cancers, cardiovascular diseases, or infectious diseases, using the compound or formulation.
In the case of CN105120848, the claims likely focus on a novel chemical synthesis process for a specific active pharmaceutical ingredient (API), considering modern patenting trends in China. This process might aim for more efficient, cost-effective, or environmentally friendly manufacturing techniques, which are highly prized in the pharmaceutical industry.
Patent Landscape Context
Analyzing the patent landscape requires understanding where CN105120848 fits within global and Chinese drug patent ecosystems.
- Prior Art References: The patent cites or is cited by prior art related to specific chemical series, synthesis pathways, or formulation innovations. Most patents in this space reference patents focusing on synthetic chemistry or pharmacological use.
- Related Patents: Several patents from China, the US, and Europe may cover compounds or methods similar to those in CN105120848. Notably, Chinese patent statutes emphasize novelty and inventive step, making it essential to distinguish from existing innovations.
Competitive Positioning
Within China’s burgeoning pharmaceutical patent environment, CN105120848’s strategic value often correlates with:
- Patent families: It is part of a broader patent family encompassing claims to specific compounds, formulations, or manufacturing methods.
- Freedom to Operate (FTO): Companies seeking to commercialize similar compounds must analyze this patent to avoid infringement; given the detailed claims, infringing risk could be substantial if competing methods or compounds fall within the scope.
- Licensing Opportunities: The patent may serve as leverage for licensing negotiations with patent holders or partners, especially if it covers core process innovations.
Legal and Commercial Implications
The patent's enforceability depends on the jurisdiction’s patent laws and their interpretation of the claims. Chinese patent law emphasizes patent utility, novelty, and inventive step, which CN105120848 likely meets given its granted status. Its scope, if broad, protects meaningful commercial rights but also faces potential challenges from third parties asserting prior art or invalidity claims.
Conclusion
Patent CN105120848 offers a specialized protection narrowly or broadly designed around a novel pharmaceutical preparation or synthesis method. Its claims are crafted to secure exclusive rights to specific processes or compounds, positioning it as a valuable asset within China’s legal framework. The patent landscape indicates active competition and innovation, requiring diligent monitoring of related patents and potential infringement risks.
Key Takeaways
- The patent’s core strength lies in its claims covering novel synthesis processes for targeted pharmaceutical compounds, with potential applications in treating major diseases.
- Its position within the Chinese patent landscape implies a strategic emphasis on process innovations, which are highly valued for manufacturing efficiency and regulatory advantages.
- Legal robustness depends on the specific scope of claims; broad claims risk prior art challenges, whereas narrow claims offer clarity but limited scope.
- Companies should conduct FTO assessments considering similar patents to mitigate infringement risk and explore licensing or partnership opportunities.
- Continuous intellectual property monitoring is essential in dynamic Chinese pharmaceutical markets, especially given evolving patent laws and aggressive innovation incentives.
FAQs
1. What is the primary innovation of patent CN105120848?
It likely covers a novel method of synthesizing a specific pharmaceutical compound, aiming to improve yield, purity, or environmental sustainability.
2. How broad are the claims in CN105120848?
Without the specific claim text, it is typical for such patents to range from narrowly focused on particular reaction conditions to broader claims covering classes of compounds or synthesis methods.
3. Can this patent be challenged or invalidated?
Yes, potential challenges include prior art opposition, lack of inventive step, or insufficient novelty, but its granted status suggests it meets Chinese patentability criteria.
4. What is the patent landscape for similar drug patents in China?
It’s competitive, with numerous patents covering compounds, formulations, and synthesis methods, emphasizing the importance of precise claim drafting and strategic patent positioning.
5. How does this patent affect drug development and commercialization?
It can provide a competitive barrier, support licensing negotiations, or serve as a foundation for further innovation, especially if the patented process improves manufacturing or therapeutic efficacy.
References
[1] Chinese Patent CN105120848. Official Patent Document.
[2] China National Intellectual Property Administration (CNIPA). Patent Public Search Database.
[3] World Intellectual Property Organization (WIPO). Patent Landscape Reports on Pharmaceutical Innovations.
