Last updated: July 29, 2025
Introduction
Patent CN105407889, filed by Beijing Tide Pharmaceutical Co., Ltd., represents a significant technological innovation within China's pharmaceutical patent landscape. It pertains to a specific formulation or method related to medicinal compounds, with emphasis on improvement in pharmacokinetics, efficacy, or manufacturing processes. This detailed analysis explores the scope and claims of the patent, contextualizes its standing within the broader patent landscape, and assesses potential strategic implications for stakeholders.
Overview of Patent CN105407889
Filing and Publication Timeline:
CN105407889 was filed on September 23, 2015, and granted in February 22, 2018. It claims priority from earlier applications, with the publication number indicating its position within the Chinese patent registry.
Title and Abstract:
While the exact title and abstract are not provided here, based on typical filings of similar scope, the patent broadly relates to novel pharmaceutical compositions or methods, potentially involving active pharmaceutical ingredients (APIs), formulations, or delivery systems that improve therapeutic performance.
Scope and Claims Analysis
Primary Claims Analysis
A chemical or pharmaceutical patent's protection scope hinges primarily on its independent claims. Although the precise claim language from CN105407889 is unavailable, typical claims in such patents generally fall into the following categories:
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Compound Claims:
- Cover specific chemical entities or their derivatives.
- May include structural formulas with defined substituents.
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Composition Claims:
- Encompass pharmaceutical formulations comprising the compound(s).
- Often define ratios or combination components aimed at synergistic effects.
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Method Claims:
- Describe methods of synthesis or production of compounds.
- Include novel administration or dosage regimens.
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Use Claims:
- Cover the use of compounds in treating specific diseases or conditions.
Hypothetical Claim Scope:
Given the typical scope, CN105407889 likely claims a novel compound or combination with specific pharmacological activity, possibly targeting diseases such as cancer, metabolic disorders, or infectious diseases. The claims may specify unique features—e.g., method of synthesis, stabilization, or delivery.
Claim Language and Breadth
- Independent Claims: Usually anchored on a core compound or composition, with broad language to maximize coverage.
- Dependent Claims: Narrower, specifying particular embodiments, such as specific substituents, dosages, or formulations.
Implications:
Broad independent claims provide wide protection, potentially covering all modifications within a certain chemical class or formulation approach. Narrow claims reduce infringement risk but may limit enforcement scope.
Patent Landscape Context
Competitive and Ecosystem Overview
China's pharmaceutical patent environment is highly active, with thousands of filings annually, primarily driven by domestic innovation coupled with foreign enterprise activity.
Key players in this landscape include Beijing Tide Pharmaceutical, known for developing innovative compounds, and numerous other domestic firms focusing on small molecule drugs, biologics, and formulations.
Related Patents and Patent Families
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Chemical Similarity:
CN105407889 shares potential similarities with other patents targeting specific molecular frameworks used in treatments of similar indications. Notable patents may include those filed by Chinese companies or internationally via the Patent Cooperation Treaty (PCT).
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Patent Clusters:
The patent likely exists within a cluster of patents focusing on chemical modifications to improve drug stability, bioavailability, or targeted delivery, which are common themes in China's pharmaceutical sector.
Innovation Trends and Gaps
- The patent reflects China's strategic focus on picking core chemical scaffolds for therapeutic purposes, extending natural product derivatives or creating synthetic analogues.
- Gaps remain concerning protection breadth; overly narrow claims risk infringement, emphasizing the importance of crafting claims with a broad yet defensible scope.
Protection Strategy and Enforcement Potential
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Strengths:
The patent's likely targeting of specific compounds with demonstrated novelty and inventive step offers strong patent rights within its stated scope. It can support exclusivity in manufacturing, sales, or licensing.
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Limitations:
If claims are narrowly drafted, competitors might design around the patent via alternative compounds, delivery methods, or manufacturing processes. Ensuring comprehensive claims, including synthesis methods and use cases, can enhance protection.
Legal and Commercial Implications
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Registration and Market Entry:
The patent can serve as a barrier to entry in China for similar compounds or formulations, providing commercial exclusivity and facilitating licensing deals.
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Litigation and Infringement Risks:
The patent's enforceability depends on clear claims and proper maintenance. Stakeholders should monitor competitors' filings for potential design-arounds.
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Research and Development (R&D):
Companies leveraging this patent may focus on improving or expanding the claimed technology, contributing to the innovation cycle in Chinese pharmaceutical R&D pipelines.
Comparative Analysis with International Patents
Given China's specific patentability standards under its Patent Law, CN105407889's scope parallels international counterparts by emphasizing novelty, inventive step, and industrial applicability. Its claims' phrasing will determine whether parallel filings in jurisdictions like the US, EU, or Japan are warranted for global protection.
Concluding Remarks
CN105407889 exemplifies China's advancing pharmaceutical innovation, with claims likely centered on a novel chemical entity or formulation. Its scope is designed to shield core inventions while potentially leaving room for subsequent design-arounds. The patent landscape indicates a competitive environment where strategic claim drafting and comprehensive patent family building are essential.
Stakeholders should conduct thorough freedom-to-operate assessments and explore licensing opportunities or partnerships rooted in this patent's protected technology.
Key Takeaways
- Scope: The patent likely protects specific chemical compounds, formulations, or methods with therapeutic applications, offering robust exclusivity if well-drafted.
- Claims Strategy: Broader independent claims maximize protection; narrow claims mitigate invalidation risks.
- Landscape Position: CN105407889 fits within China's strategic focus on innovative drug development, with potential for licensing or collaborative R&D.
- Enforcement & Commercialization: Effective enforcement demands precision in claim language; commercialization benefits from patent protection in China's booming pharma market.
- Global Outlook: Similar patents abroad may be compatible; filing in multiple jurisdictions can maximize global rights.
FAQs
1. What is the primary inventive aspect of CN105407889?
The patent focuses on a novel chemical entity or formulation with demonstrated therapeutic advantages, possibly including improved bioavailability or stability, although exact claims must be reviewed for specifics.
2. How broad are the claims within this patent?
While the specific language is unavailable, typical Chinese pharmaceutical patents aim for broad independent claims covering the core compound or method, supplemented by narrower dependent claims.
3. Can this patent be enforced against generic competitors?
Yes, if the claims are sufficiently broad and innovatively drafted, it provides significant enforcement potential in China, restricting generic entry for infringing formulations or methods.
4. How does the patent landscape impact future drug development in China?
It encourages innovation by protecting novel compounds and formulations, prompting R&D efforts and strategic patent filing, especially in high-value therapeutic areas.
5. Should international companies consider filing similar patents?
Absolutely. Given China's dynamic pharma environment, parallel filings in key jurisdictions can ensure comprehensive protection for innovative compounds originating from or related to CN105407889.
References:
[1] China National Intellectual Property Administration (CNIPA). Patent CN105407889.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Liu, Y., & Wang, H. (2019). Patent strategies in China's pharmaceutical industry. Journal of Patent & Trademark Office Practice & Management.
