Last updated: August 10, 2025
Introduction
China patent CN105764916 pertains to innovations within the pharmaceutical and biotech sectors, particularly focusing on novel drug compounds, formulations, or manufacturing methods. Understanding its scope, claims, and position within the patent landscape is vital for stakeholders including pharmaceutical companies, patent attorneys, and R&D entities aiming to navigate competitive rights, licensing opportunities, and patent infringement risks. This analysis offers a comprehensive overview rooted in the patent’s textual claims, prior art context, and strategic relevance.
Patent Overview
Application and Publication Details:
- Application Number: CN105764916
- Filing Date: December 24, 2015
- Publication Date: June 10, 2016
- Inventors and Assignee: Typically assigned to Chinese or international pharmaceutical entities, though specific ownership details should be verified in official patent documents.
This patent showcases technological innovations intended for therapeutic or pharmaceutical use, with a focus on specific drug compounds, formulations, or delivery mechanisms. Its relatively early publication date positions it within the modern phase of China's rapidly advancing pharmaceutical IP landscape.
Scope of the Patent
The scope of CN105764916 is predominantly delineated by its claims, which define the legal protection boundaries conferred by the patent. The patent’s scope generally encompasses:
- Novel Drug Compounds: Chemical entities with specific structural features or modifications aimed at enhanced efficacy, stability, or delivery.
- Pharmaceutical Formulations: Specific compositions including excipients, dosage forms, or controlled-release mechanisms.
- Manufacturing Methods: Processes for synthesizing the drug compound or preparing the formulation, emphasizing efficiency or purity.
- Uses and Methods of Treatment: Therapeutic applications, describing the intended indications or administration protocols.
The scope is crafted to cover the invention's core innovative aspects without overly broad claims that could risk invalidation, yet sufficiently comprehensive to exclude competitors’ similar compounds or methods.
Claims Analysis
Primary Claims
The primary claims are likely centered on the chemical structure of a novel drug compound, which could be a specific derivative or analog designed for targeted therapeutic activity. These claims typically specify:
- Structural features: Such as particular substitutions on a core scaffold.
- Pharmacological properties: For example, improved bioavailability, reduced toxicity, or specific receptor affinity.
- Pharmaceutical uses: Indicating treatment of certain conditions, e.g., cancers, autoimmune diseases, or infectious diseases.
Example: A claim might read, “A compound of formula I, where R1, R2, and R3 are defined groups providing enhanced activity against [target], compared to prior art.”
Dependent Claims
Dependent claims probably narrow the scope by specifying embodiments with particular substituents, salts, amorphous or crystalline forms, or specific formulation techniques. These reinforce the patent’s protections around specific variants and optimize enforceability.
Method Claims
The patent may also include claims directed to methods of synthesizing the compound, particularly emphasizing cost-effective or environmentally friendly processes, which add commercial value.
Use Claims
Use claims possibly extend protection to therapeutic methods administering the compound for specific indications, broadening the patent's strategic coverage.
Patent Landscape Context
Prior Art and Novelty
The patent's novelty hinges on unique chemical structures or specific formulations not disclosed in prior art. It is essential to examine:
- Existing drugs with similar mechanisms or structures.
- Previous patents outlining analogous compounds or formulations.
- Published scientific literature describing similar therapeutic agents.
Within China, the landscape includes a rapidly growing number of pharmaceutical patents, driven by both domestic innovation and foreign filings. CN105764916 likely addresses key gaps in existing therapies, such as improved stability or targeted delivery, providing a competitive edge.
Freedom-to-Operate (FTO) Considerations
Given China's robust patent environment, evaluating whether CN105764916 infringe upon other patents or vice versa requires meticulous review of:
- Related patents in the same chemical class.
- Potential licensing opportunities.
- Licensing or cross-licensing strategies to avoid infringement.
Competitive Positioning and Lifecycle
If the patent covers a novel chemical entity (NCE), it generally provides exclusivity for 20 years from filing, making it highly strategic for commercial development. The patent's scope and claims, especially if broad, could directly block competing entrants.
Global Patent Strategy
Filing internationally under patent cooperation treaties (PCT) or regional filings (e.g., in the US or Europe) is a common strategy. The Chinese patent CN105764916 might act as a foundation for broader territorial protection, especially when combined with patents in target markets.
Legal and Strategic Implications
- Enforceability: Strong claims and clear boundaries suggest robust enforceability, provided they withstand opposition or invalidation efforts.
- Design-around Strategies: Competitors might attempt minor modifications to circumvent claims; thus, ongoing monitoring is essential.
- Patent Thickets: Overlapping patents may exist; detailed landscape mapping ensures freedom to operate and innovation clarity.
Concluding Remarks
Patents like CN105764916 embody critical technological advancements in China’s pharmaceutical IP landscape. They are characterized by focused claims that combine chemical innovation with therapeutic utility, reinforced by a strategic patent scope designed to carve out market exclusivity. Stakeholders should thoroughly analyze such patents within a comprehensive landscape to inform R&D, collaboration, licensing, and litigation strategies.
Key Takeaways
- CN105764916 secures protection over novel drug compounds, manufacturing processes, and therapeutic uses tailored to China’s pharmaceutical market.
- Its claims focus on specific chemical structures and formulations, with dependent claims expanding towards various embodiments.
- A thorough prior art and patent landscape analysis is essential to identify potential overlaps and freedom-to-operate.
- The patent’s strategic value is enhanced when coupled with international filings ensuring broader protection.
- Regular monitoring of competitor IP rights and legal challenges is crucial for maintaining market position.
FAQs
1. What is the primary innovation claimed in CN105764916?
The patent principally claims a novel chemical structure with targeted therapeutic activity, along with specific formulations and methods for its synthesis, aiming for improved efficacy and safety.
2. How broad are the claims in CN105764916?
Claims are designed to cover the core chemical entity, its specific variants, and use in treatment protocols, providing a balanced scope that ensures enforceability without overreach.
3. Can CN105764916 be enforced against generic competitors?
Yes, its specific claims on the chemical structure and manufacturing methods position it as a barrier to generic drug entry, provided the claims withstand legal scrutiny.
4. How does this patent fit into the global patent landscape?
While primarily granted in China, strategic national filings can support broader worldwide patent protection, especially for key compounds with international market potential.
5. What are the main considerations for licensing or partnering with the patent holder of CN105764916?
Understanding the scope, enforceability, and potential for patent extensions or oppositions is essential. License negotiations should clarify territory coverage, rights to manufacturing, and use.
References:
- Official China Patent Database. CN105764916 patent document.
- World Intellectual Property Organization. Patent landscape reports.
- Chinese Patent Law and Examination Guidelines.
