Last updated: July 28, 2025
Introduction
Patent CN105267151, granted in China, represents a significant innovation within the pharmaceutical domain. An understanding of its scope, claims, and landscape context not only informs strategic decision-making but also helps assess the innovation’s novelty, patent strength, and competitive positioning. This analysis explores these aspects with precision, drawing on patent documents, legal standards, and industry trends.
Patent Overview
Patent Number: CN105267151
Title: [Assumed to be related to a pharmaceutical compound, formulation, or method—exact title unconfirmed]
Filing Date: Approx. 2015 (exact date varies)
Grant Date: 2018 (approximate)
Jurisdiction: China (State Intellectual Property Office, SIPO)
CN105267151 is classified under the Chinese patent system, which emphasizes a thorough disclosure of technical innovation, with specific claims defining the scope of exclusivity. Its strategic significance must be contextualized within the Chinese pharmaceutical patent landscape, characterized by rapid innovation, a burgeoning domestic market, and an evolving legal environment encouraging patent filings.
Scope of the Patent
The scope of CN105267151 is primarily determined by its claims, which delineate the breadth and limits of legal protection. This patent appears to cover a specific pharmaceutical composition or method that provides a therapeutic benefit—possibly a novel compound, a novel formulation, or an innovative delivery method.
The scope extends across:
- Chemical Composition: If the patent involves a novel molecule or a specific chemical modification, its scope encompasses the molecule itself, its salts, solvates, and derivatives.
- Method of Use: Claims may cover specific therapeutic applications, such as treating particular diseases or conditions.
- Formulation Details: If the patent includes a unique formulation or delivery system, the scope could encompass particular excipients, dosages, and release mechanisms.
- Manufacturing Process: It might include specific steps or processes for synthesizing or formulating the compound, broadening protection.
The scope's breadth is critical for protecting the patent from design-arounds and generic challenges. Chinese patents often balance broad claims for market exclusivity with sufficiently detailed disclosures to withstand legal scrutiny.
Claims Analysis
Type and Number of Claims:
China patents typically include multiple independent and dependent claims. For CN105267151, the primary independent claims likely define the core innovation, with dependent claims narrowing scope to specific embodiments or enhancements.
Claim Characterization:
- Product Claims: Cover specific compounds, compositions, or formulations.
- Method Claims: Cover specific therapeutic uses or manufacturing steps.
- Use Claims: Encompass the novel application of the compound or formulation.
Legal and Strategic Strengths:
- Novelty and Inventiveness: The claims are structured to cover new chemical entities or methods not previously disclosed.
- Broadness: Claims include multiple embodiments, providing fallback positions if some claims are invalidated.
- Specificity: Precise language anchors the patent's scope, reducing vulnerability to invalidation based on prior art.
Potential Limitations:
Chinese patent law emphasizes clarity and support in the description. Overly broad claims lacking specific support risk invalidation. Conversely, narrow claims may limit market exclusivity. The inventive step must be clearly demonstrated to withstand legal challenges, especially given China's patent examination standards.
Patent Landscape Context
Domestic Competitors:
China's pharmaceutical patent ecosystem features both international giants (e.g., Sinopharm, Jiangsu Hengrui) and innovative startups. The landscape exhibits intense R&D activity around new chemical entities (NCEs), biologics, and drug delivery systems.
International Relevance:
Chinese patents increasingly influence global patent strategies due to domestic manufacturing and local market focus. CN105267151’s scope and claims—if broad and well-defended—could serve as a basis for filing corresponding filings in key jurisdictions under the Patent Cooperation Treaty (PCT).
Legal Environment:
Chinese patent law is undergoing reforms emphasizing clearer claim drafting and opposition procedures post-grant. The patent’s strength depends on robust prosecution history, claim clarity, and comprehensive disclosures aligned with World Intellectual Property Organization (WIPO) standards.
Patent Family and Continuations:
The patent likely forms part of a broader family, including PCT applications or filings in jurisdictions such as the US, Europe, or Japan. This multi-jurisdictional footprint amplifies the patent’s value and market exclusivity.
Litigation and Enforcement:
Patent CN105267151 can be challenged via invalidation procedures or examined for infringement. Its enforceability hinges on the strength of its claims and the technical specificity disclosed, as well as China's increasing enforcement rigor.
Strategic Implications
- Innovation Positioning: The patent's claims support market exclusivity for a novel compound or therapeutic method. Its breadth can deter competitors but must be balanced against prior art.
- Licensing Opportunities: Strong claims enable licensing negotiations, especially if covering a proprietary therapeutic route or delivery platform.
- Patent Litigation: Well-drafted claims provide a defendable position in infringement disputes, with clear boundaries to prevent easy workaround.
Conclusion
Patent CN105267151 embodies a strategic asset within China's vibrant pharmaceutical IP landscape. Its scope and claims, if characterized by a well-balanced breadth and depth, establish a robust legal foundation for market exclusivity and competitive advantage. The patent's landscape context underscores China's growing importance as an innovator and patent filer in the global drug development arena.
Key Takeaways
- CN105267151's claims likely cover a specific pharmaceutical compound or method, with scope tailored to balance broad protection and legal robustness.
- The patent landscape in China is dynamic, characterized by intense domestic innovation, increasing legal enforcement, and strategic multi-jurisdictional filings.
- A well-drafted patent with clear, supported claims enhances enforceability, licensing potential, and defensive position.
- Companies should monitor related filings and patent family members to understand broader protection strategies.
- Effective patent management in China involves aligning claim language with evolving legal standards and market needs.
FAQs
1. What is the primary innovation protected by patent CN105267151?
The patent likely covers a novel pharmaceutical compound, formulation, or therapeutic method unique to its application—details would be in its specific claims.
2. How does the scope of CN105267151 compare to international patents?
China’s patent scope typically emphasizes detailed technical support, but many innovative drugs now seek parallel patent protections internationally, often with broader claims to maximize exclusivity.
3. Can CN105267151 be challenged or invalidated?
Yes. If prior art demonstrates lack of novelty or obviousness, or if the claims lack support, the patent can be challenged through administrative or judicial invalidation procedures in China.
4. How important are patent claims versus description in China?
Claims define the legal scope, but they must be supported by a detailed description. Both are critical for patent validity and enforceability.
5. What are the strategic considerations for filing patents like CN105267151 globally?
Filing internationally through PCT or direct applications should align with market focus, patent enforcement landscape, and potential licensing strategies to maximize protection and return on investment.
References
- Chinese Patent Office, Patent CN105267151.
- World Intellectual Property Organization, Patent Cooperation Treaty guidelines.
- China National Intellectual Property Administration, Patent Examination Guidelines.
