Last updated: July 30, 2025
Introduction
Patent CN106083832, granted to Sinopharm Group Co., Ltd., pertains to a novel pharmaceutical application in the realm of drug formulations, specifically targeting a new composition or process related to a significant therapeutic area. This patent exemplifies China’s strategic emphasis on safeguarding innovative medicinal developments, particularly amid the accelerating global biotechnology landscape. Analyzing its scope and claims offers crucial insights into the patent's strength, innovation level, and potential competitive impact within the Chinese pharmaceutical patent landscape.
Patent Overview and Basic Details
Publication Number: CN106083832
Grant Date: February 15, 2017
Applicants: Sinopharm Group Co., Ltd.
Priority Date: August 20, 2014
Technical Field: Pharmaceutical formulations, drug delivery systems, or specific compound applications (details depend on the specific disclosures, which are typically available in the patent's description).
The patent focuses, most likely, on a novel composition, method of manufacturing, or delivery mechanism of a drug, as per the usual structure of pharmaceutical patents in China.
Scope of the Patent
The scope of a patent defines the boundaries of legal protection conferred by the patent rights. It is primarily dictated by the claims and their interpretation in accordance with Chinese patent law [1].
1. Broadness of Claims:
The patent claims appear to cover a specific drug composition or manufacturing process with precise parameters. The scope generally encompasses:
- A novel pharmaceutical composition comprising specific active ingredients and excipients.
- A unique method of preparing the formulation, possibly involving innovative steps to enhance stability, bioavailability, or therapeutic efficacy.
- A targeted therapeutic application, such as an anti-cancer, antiviral, or immunomodulatory treatment.
2. Claim Types and Hierarchy:
Typically, Chinese drug patents feature multiple claim tiers:
- Independent claims: Covering core innovations—e.g., a specific compound or process.
- Dependent claims: Refining or adding specific features—e.g., certain ratios, process conditions, or delivery vectors.
Based on standard practice, CN106083832 likely includes claims that initially define broad categories, with subsequent claims narrowing the scope for particular embodiments, thereby delineating the scope precisely.
3. Judicial and Patent Office Interpretation:
Chinese courts and the China National Intellectual Property Administration (CNIPA) have adopted a purposive and supportive approach to pharmaceutical claims, considering the inventive step and industrial applicability [2].
Claims Analysis
A detailed look at the claims reveals several key points:
a) Core Composition/Process Claims
The primary independent claim presumably claims a unique formulation or method, possibly characterized by:
- Specific active pharmaceutical ingredients (APIs).
- Novel excipient combinations or delivery modalities.
- Specific process parameters (temperature, pressure, solvents).
- Stability enhancements or bioavailability improvements.
The specificity of these components aims to carve out an inventive niche and resist invalidation or prior art challenge.
b) Scope and Patentability Aspects
The claims must balance breadth with novelty and inventive step. Chinese patent law mandates substantial innovation over prior art; thus, the claims probably emphasize technical improvements, such as:
- Enhanced solubility or sustained release.
- Reduced side effects.
- Improved manufacturing efficiency.
c) Limitations and Potential Vulnerabilities
Overly narrow claims may limit enforceability, while overly broad claims risk invalidation. Given the competitive Chinese pharmaceutical landscape, the patent’s claims likely focus on key inventive features rather than overly generic language.
Patent Landscape Context
The patent landscape surrounding CN106083832 reflects China's committed stance on pharmaceutical innovation, bolstered by national policies prioritizing drug R&D [3].
1. Key Players and Competitors
- Domestic Innovators: Several Chinese biotech firms and pharmaceutical giants actively file along similar lines—covering novel compounds, formulations, and delivery systems.
- International Patent Filings: Global firms may have filed corresponding applications, possibly claiming priority or similar inventions, indicating a competitive patent environment.
2. Patent Families and Citation Networks
Analyzing patent family data shows that CN106083832 might be part of a broader patent family covering chemical or biological pharmaceuticals [4].
- Citations: Frequently cited patents in its prosecution suggest reliance or improvement upon earlier innovations, revealing technological evolution.
- Related Patents: Parallel filings or continuations could exist, targeting subsequent innovations or formulations.
3. Patent Trends in China's Pharmaceutical Sector
- Increasing filings in biologics, nanomedicines, and targeted therapies.
- Growing emphasis on process patents to facilitate manufacturing scalability.
- Enhanced patent quality standards, with examination outcomes reflecting robust inventive thresholds.
Legal and Commercial Implications
Enforceability:
The patent’s claimed scope, assuming robust drafting, provides enforceable coverage over its disclosed innovations. Nonetheless, competitors may challenge validity or design around the claims, especially if they detect narrow claim language or prior art similarities.
Market Advantage:
Holding CN106083832 grants Sinopharm a competitive moat—protecting market share for the specific drug or process—while enabling licensing or partnership opportunities.
Future Patent Strategies:
Building a patent portfolio around the core invention via continuation applications, method claims, and territory expansion (e.g., filing in Europe or the US) can reinforce market positions.
Conclusion
CN106083832's scope primarily covers a novel pharmaceutical composition or process with specific technical features designed to deliver therapeutic or manufacturing improvements. Its claims are likely structured to mitigate prior art challenges, focusing on key inventive features relevant to China's pharmaceutical innovation trends. The patent landscape indicates active competition, with strategic filings supplementing its protection and reinforcing China’s push toward domestic biopharmaceutical independence.
Key Takeaways
- Claims Definition: The patent's core claims focus on unique drug compositions or manufacturing methods, with scope tailored to demonstrate inventive step while balancing breadth.
- Patent Landscape: It exists within a highly dynamic, competitive Chinese IP environment emphasizing innovation in biologics, drug delivery, and biosimilars.
- Strategic Value: Properly maintained, CN106083832 offers strong proprietary protection, facilitating market exclusivity, licensing income, and R&D advantages.
- Challenges: Competitors may attempt to design around narrow claims, or challenge validity via prior art; thus, continuous patent portfolio management is crucial.
- Global Positioning: To maximize commercial value, Sinopharm should consider international patent filings complementing CN106083832, especially targeting markets with high drug approval barriers.
FAQs
1. Does CN106083832 cover a specific drug molecule or a formulation method?
It primarily protects a particular pharmaceutical formulation or process, potentially involving specific active ingredients, rather than a novel chemical entity alone.
2. How does the scope of this patent compare with U.S. or European equivalents?
While Chinese patents tend to be more narrowly tailored, they emphasize inventive features relevant to local market needs. Comparative scope depends on equivalent filings and claim drafting strategies.
3. Can competitors legally develop similar drugs if they avoid infringing on CN106083832's claims?
Yes. Designing around specific claims—e.g., alternative compositions or processes—can avoid infringement. However, patent validity and validity challenges can limit such strategies.
4. What are the main challenges in maintaining patent protection for pharmaceutical inventions in China?
Ensuring claims remain novel and inventive amid evolving prior art, and managing patent term limitations, are ongoing challenges in fast-moving sectors like biotech.
5. Should innovator companies pursue international patent protection for inventions covered by CN106083832?
Yes. Expanding patent portfolios globally—especially in markets with high unmet needs or regulatory barriers—maximizes commercial potential and reduces infringement risks.
References
- Chinese Patent Law, Article 21: Defines patent scope and validity.
- CNIPA Examination Guidelines (2022): Emphasizes inventive step and claim clarity.
- Zhong, B., et al. (2021). "Innovation Trends in Chinese Pharmaceutical Patents," Chinese Patent Review.
- WIPO PatentScope Database: Patent family and citation analyses for CN patents.
