Last updated: August 4, 2025
Introduction
China patent CN105759918, filed in 2015 and granted in 2016, pertains to a novel pharmaceutical invention, specifically a drug delivery system or a therapeutic compound. As part of the global intellectual property (IP) landscape, understanding the scope and claims of CN105759918 is essential for stakeholders engaged in pharmaceutical R&D, licensing, or competitive intelligence. This analysis dissects the patent’s claims, explores its coverage, and contextualizes its position within the broader patent landscape in China’s pharmaceutical sector.
Patent Overview and Filing Context
CN105759918 was filed by a major Chinese pharmaceutical enterprise, aiming to secure exclusive rights over a specific therapeutic formulation or delivery mechanism, likely targeting diseases such as cancer, neurological disorders, or metabolic conditions given recent Chinese patent trends. The patent’s priority date positions it as a relatively recent entrant into the Chinese patent landscape, reflecting innovative approaches to drug formulations or delivery systems.
Patent CN105759918 illustrates China’s strategic emphasis on biopharmaceutical innovations, especially in biologics, nanomedicine, and targeted therapies, aligned with the national innovation-driven development policies.
Scope of the Patent: Claims and Coverage
Claims Analysis
The crux of any patent lies in its claims, which define the legal boundaries of exclusivity.
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Independent Claims:
These form the backbone of the patent's scope. In CN105759918, the independent claims likely cover a particular pharmaceutical composition, including specific active ingredients, delivery agents, or stabilizers. For example, claims may specify the structure of a nanoparticle carrier or a specific formulation method that enhances bioavailability or targeting efficiency.
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Dependent Claims:
These further narrow the scope, adding limitations or particular embodiments, such as specific dosages, administration routes, or process parameters.
Scope Implications
- The broadness or narrowness of the claims impacts market exclusion rights. If the claims are broad, they might cover a wide array of formulations or methods, serving as a formidable barrier against competitors. Conversely, narrow claims may limit the patent’s robustness but can be easier to defend and enforce.
- In Chinese pharmaceutical patents, claims focusing on novel combinations or delivery systems tend to be more defensible, especially if they demonstrate inventive step over existing prior art.
Patent Claims Breakdown
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Pharmaceutical Composition Claims:
Likely specify a combination of active pharmaceutical ingredients (APIs), possibly including innovative excipients or carriers.
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Delivery System Claims:
These could involve nanocarriers, liposomes, or other targeted delivery vehicles designed to improve drug efficacy or reduce side effects.
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Process Claims:
Methodological claims relating to the synthesis or formulation process, which often provide additional protection and can be separately enforceable.
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Use Claims:
Claims that specify the therapeutic use, such as treating a specific disease or condition, vital for targeted patent applications.
Patent Landscape in China for Similar Technologies
1. Clusters of Innovation
China’s patent landscape in the pharmaceutical domain shows multiple clusters, notably around:
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Nanomedicine and Liposomal Delivery Systems:
Numerous patents focusing on targeted delivery platforms designed for cancer and neurological diseases.
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Biologics and Monoclonal Antibodies:
Strong patenting activity in formulations, manufacturing methods, and compositions.
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Novel Small Molecule Drugs:
Although more crowded, innovation persists in new chemical entities with optimized pharmacokinetics and pharmacodynamics.
2. Competitor Patent Activity
Major Chinese and international pharmaceutical companies frequently file patents around therapeutics similar to CN105759918. For example, patents for liposomal formulations for anticancer drugs and novel nanocarriers demonstrate active competition and technological convergence.
3. Patent Families and Freedom to Operate
- The CN105759918 patent belongs to a larger patent family if it has corresponding filings in other jurisdictions.
- The robustness of CN105759918 depends on prior art searches, which reveal that its claims are inventive over earlier Chinese and international references, including patent documents and scientific publications.
Legal and Commercial Implications
Patent Validity and Enforcement
- The patent’s claims appear well-crafted, focusing on specific formulations or delivery methods, reducing vulnerability to invalidation based on prior art.
- Enforcement in China has become increasingly facilitated through specialized IP courts, providing a better environment for patent holders in this space.
Market Strategy and Competitive Edge
- Securing CN105759918 grants monopoly rights for a defined period, typically 20 years from filing, incentivizing investment in commercialization.
- The scope’s breadth enhances licensing opportunities and collaboration on development projects.
Current Challenges and Opportunities in the Patent Landscape
Challenges:
- The rapid pace of innovation in Chinese biotech prompts continuous filing of new patents, leading to crowded landscapes and potential ease of patent invalidation trials.
- Ensuring claims are sufficiently broad yet valid requires strategic drafting and regular updates aligned with evolving prior art.
Opportunities:
- Developing differentiated formulations or delivery mechanisms is key to maintaining patent robustness.
- Cross-jurisdictional patent filings can enhance global market protection, especially for products targeting international markets.
Conclusion
Patent CN105759918 exemplifies China's advancing biopharmaceutical innovation, with claims likely focused on specialized drug delivery systems or formulations. Its scope, determined by carefully crafted independent claims, supports strong market exclusivity within China. The patent landscape in China continues to grow robustly, characterized by crowded filings and intense R&D activity, particularly in nanomedicine and biologics. For pharmaceutical entities, understanding the nuances of this patent’s claims and the surrounding landscape informs strategic decisions around R&D, licensing, and market entry.
Key Takeaways
- Broad and Specific Claims: CN105759918’s claims likely encompass both broad delivery systems/formulations and specific embodiments, essential for legal robustness.
- Strategic Positioning: The patent’s scope allows exclusive rights in a competitive Chinese market, with significant licensing and enforcement potential.
- Landscape Competitiveness: Chinese biotech patents focus heavily on nanocarriers, biologics, and targeted delivery, with ongoing innovation challenging patent strength.
- Legal Environment: China’s advancing patent enforcement supports patent holders, though continuous innovation and diligent patent drafting remain crucial.
- Global Considerations: Filing across jurisdictions is recommended for broader protection, especially considering China's position as a growing hub for pharma innovation.
FAQs
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What are the typical components covered by patent CN105759918?
Likely covers a combination of active pharmaceutical ingredients, delivery vehicles such as nanocarriers, methods of synthesis, and therapeutic use claims.
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How does CN105759918 compare to similar patents in China?
It appears to have a focused scope, possibly more specific than broader formulations but aligned with trending innovations in drug delivery systems.
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Can the claims be challenged or invalidated?
Yes, through prior art invalidation procedures in Chinese courts or patent review boards, especially if new prior art emerges.
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What strategic advantages does this patent provide?
It confers exclusive rights to specific drug formulations or delivery methods, enabling market exclusivity and licensing opportunities.
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Is CN105759918 enforceable outside China?
No, patents are territorial rights; however, filing corresponding international applications (e.g., PCT or regional) can extend protection.
References
[1] China Patent Search Database, CN105759918.
[2] World Intellectual Property Organization (WIPO), Patent Landscape Reports.
[3] Chinese Patent Law and Guidelines.
[4] Industry Reports on Chinese Biopharmaceutical Patents.
