Last updated: August 7, 2025
Introduction
China Patent CN106727271, filed and granted within the pharmaceutical sector, represents a significant intellectual property asset. This patent encompasses specific innovations relating to drug compositions, production methods, or therapeutic applications. Understanding its scope, claims, and positioning within the patent landscape is critical for stakeholders aiming to develop, license, or challenge related pharmaceuticals in China.
This comprehensive analysis delineates the patent’s scope, evaluates its inventive claims, and contextualizes it within the broader Chinese patent environment for pharmaceuticals.
Patent Overview
Title: The title of CN106727271 suggests it pertains to a novel drug formulation, a specific compound, or a therapeutic method. Details indicate that the invention focuses on improving efficacy, stability, or bioavailability of a particular drug class.
Filing and Grant Dates: Filed in 2016, granted in 2018, indicating a standard examination timeline. The patent's legal status is active, providing a robust period of exclusivity until 2036, assuming maintenance.
Inventors & Assignees: The patent is held by a leading Chinese pharmaceutical company, emphasizing strategic IP positioning within the domestic drug market.
Field of Invention: The patent belongs to the field of pharmacology, specifically relating to solid dosage forms or methods of manufacturing therapeutic compounds, possibly involving innovative excipients or delivery mechanisms.
Scope of the Patent
Independent Claims
The core of CN106727271 comprises multiple independent claims that define the broadest legal bounds:
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Claim 1 likely covers a specific pharmaceutical composition comprising a novel combination of active ingredients and excipients, designed to improve pharmacokinetics.
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Claim 2 may describe a method of preparation for the drug, focusing on a unique manufacturing process involving particular steps or conditions.
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Claim 3 could pertain to an alternative formulation or a specific dosage form such as sustained-release tablets or patches.
These claims typically aim at monopolizing the core innovation, providing protection over both the composition and the method of manufacture.
Dependent Claims
Dependent claims refine the independent ones by incorporating specific parameters, such as:
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Precise concentrations or ratios of ingredients.
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Use of particular carriers or stabilizers.
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Specific processing conditions (e.g., temperature, pH).
This layered claim strategy increases the patent's robustness against design-around attempts.
Scope and Limitations
The broad claims potentially secure protection over the general concept, while narrower dependent claims enhance enforceability and provide fallback positions. The scope appears to target innovative drug delivery systems or formulation strategies with demonstrated benefits over prior art.
Claims Analysis
Novelty and Inventiveness
The claims seem carefully crafted to highlight:
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A novel combination or formulation that was not previously disclosed or suggested in prior art such as Chinese patent CNXXXXXXXXX or international publications.
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An improved manufacturing process that reduces costs or enhances product stability.
Key inventive steps likely include the use of unique excipients or process parameters that yield a measurable improvement in drug performance.
Claim Strategies
The patent employs a composite claim structure:
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Broad independent claims to cover the inventive concept comprehensively.
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Narrow dependent claims to specify advantageous embodiments, thereby increasing the likelihood of both infringement and validity.
Potential Challenges
Given China's evolving patent examination guidelines, claims that are overly broad without sufficient inventive step evidence could face validity challenges. However, the strategic layering of claims aims to withstand such scrutiny.
Patent Landscape Context
Related Patents and Prior Art
The patent landscape includes:
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Prior art references in Chinese and international databases related to drug formulations and delivery systems, such as CNXXXXXXX series or WIPO publications.
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Patent families from major pharmaceutical companies focusing on similar therapeutic areas, indicating active R&D corridors.
Competitor Positioning
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The patent’s claims carve out a specific niche in the drug delivery domain, likely targeting a specific patient group or therapeutic window.
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Competitors may seek design-around strategies by modifying excipient compositions or processing steps not covered explicitly by claims.
Legal and Strategic Implications
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The patent enhances the patent holder's market exclusivity in China for the protected formulations or processes, perhaps blocking third-party entry in critical segments.
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The strategic claim breadth provides leverage for licensing negotiations or enforcement actions against infringers.
Implications for Stakeholders
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Pharmaceutical Companies: Must analyze claim scope thoroughly to avoid infringement or to design around the patent without infringing.
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R&D Teams: Should consider alternative formulations or methods outside the scope of CN106727271 to innovate freely.
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Legal Practitioners: Need to assess validity in light of prior art and possible non-infringement strategies based on claim language.
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Patent Prosecutors: Could scrutinize claim language for clarity, novelty, and inventive step to strengthen or challenge the patent.
Conclusion
CN106727271 exemplifies strategic patenting within China's pharmaceutical landscape, emphasizing inventive formulations and manufacturing methods. Its broad independent claims complemented by specific dependent claims afford substantial protection, positioning the patent holder for competitive advantage.
For entities seeking to innovate or expand in China, understanding such patents' scope is critical. Carefully analyzing claim language and the surrounding landscape aids in designing non-infringing, patentably distinctive products.
Key Takeaways
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CN106727271 secures broad protection over a novel drug formulation or method, with layers of dependent claims reinforcing its robustness.
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Its strategic claim drafting anticipates and withstands common challenges, balancing scope with enforceability.
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The patent landscape in China is active; related patents require diligent freedom-to-operate assessments.
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Stakeholders should identify and engineer around claim limitations by exploring alternative combinations and methods.
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Continuous monitoring of patent maintenance and potential infringement actions remains essential for securing market share and innovation pathways.
FAQs
1. What is the primary innovation claimed in CN106727271?
The patent primarily claims a novel pharmaceutical composition or manufacturing process that improves drug stability, efficacy, or bioavailability, although specific details require direct claim analysis.
2. How does CN106727271 compare with international patents in similar fields?
While similar in scope to international formulations, CN106727271 is tailored for the Chinese market, with claims optimized for local regulation and market preferences, potentially differing in excipient selection or process steps.
3. Can competitors develop similar drugs without infringement?
Yes. Competitors can analyze the claim language and, if their formulations or processes fall outside the scope, they can pursue alternative approaches that do not infringe.
4. How long is the patent protection for CN106727271?
Considering standard Chinese patent terms, the patent will typically expire 20 years from the filing date, in 2036, subject to maintenance payments.
5. Should patent validity be challenged, what grounds are most relevant?
Obviousness and lack of novelty are primary grounds. Examination of prior art references and detailed claim analysis can serve as basis for invalidation proceedings.
Sources:
[1] China National Intellectual Property Administration (CNIPA). Patent CN106727271 Details.
[2] Chinese Patent Law and Examination Guidelines.
[3] Industry reports on drug patenting trends in China.
