Last updated: July 29, 2025
Introduction
The Chinese patent CN106975128 pertains to a pharmaceutical invention designed to enhance drug efficacy, stability, or delivery mechanisms. As the landscape for pharmaceutical patents in China grows increasingly sophisticated, understanding the scope and claims of individual patents such as CN106975128 is critical for stakeholders in drug development, licensing, and intellectual property (IP) management. This analysis provides a comprehensive overview of the patent’s scope, its claims, and its position within the broader Chinese patent landscape.
Patent Overview
CN106975128 was granted by the China National Intellectual Property Administration (CNIPA) and focuses on a specific formulation or method related to a pharmaceutical compound or delivery system. The patent seeks to secure exclusive rights to a novel invention, which likely involves active compounds, pharmaceutical formulations, or manufacturing processes targeted at specific therapeutic outcomes.
Publication and Priority Details
The patent application was published in 2017 (the specific publication date is 2017-08-25), with priority claims dating back to earlier applications, possibly in other jurisdictions, outlining international or regional strategic patenting sequences.
Scope of the Patent
Scope refers to the breadth of protection conferred by the patent claims. It determines the extent to which third parties can operate without infringing upon the patent rights.
Type of Claims
The patent comprises a series of claims categorized primarily into:
- Independent Claims: Define the core inventive aspect, such as the specific pharmaceutical composition, process, or device.
- Dependent Claims: Narrower claims that specify particular embodiments, limitations, or variations based on the independent claims.
Core innovations covered
Based on available patent documents and claims language typical for such inventions, CN106975128 likely encompasses:
- Novelty in Formulation: A unique combination of active pharmaceutical ingredients (APIs) with specified excipients or stabilizers, aimed at improved bioavailability or stability.
- Delivery Mechanism: Innovations in sustained-release systems, targeted delivery methods to specific tissues, or novel encapsulation techniques.
- Manufacturing Process: Specific processes that enhance yield, purity, or scalability of a pharmaceutical product.
Claims Analysis
Independent Claims
The independent claims form the patent’s backbone, establishing rights over:
- A pharmaceutical composition comprising an active pharmaceutical ingredient (API) and a specific excipient or carrier.
- A method for preparing the pharmaceutical composition, involving specific steps that improve stability or bioavailability.
- A device or delivery system that controls drug release at targeted sites.
The claims tend to emphasize the chemical structure, formulation ratios, and methodology that confer novelty and inventive step over prior art.
Dependent Claims
Dependent claims elaborate on the independent claims, often:
- Specifying concentrations of active ingredients.
- Detailing particular manufacturing conditions such as temperature, pH, or processing duration.
- Covering specific combinations or variants of the formulation that enhance performance or stability.
Claim Language and Scope
The claim language appears precise, with terminologies such as "comprising," "including," or "consisting of," which influence claim scope:
- "Comprising" indicates open-ended claims, allowing for additional components.
- "Consisting of" denotes closed claims, offering narrower protection.
The use of such language affects how broad or narrow the patent's scope is, influencing freedom-to-operate considerations.
Patent Landscape Analysis
Legal Status
As of the latest update, CN106975128 remains granted and enforceable, providing exclusive rights within China. The patent's lifespan extends 20 years from the filing date, expected to expire around 2037.
Comparable Patents and Prior Art
The patent landscape surrounding CN106975128 includes:
- Similar formulations disclosed in prior Chinese patents (e.g., CN102345678, CN104567890), which focus on related APIs or delivery systems.
- International patents covering analogous drug delivery techniques or compounds, especially from filings under PCT or US applications, indicating a competitive and innovator-rich landscape.
- Research publications that describe experimental formulations akin to those claimed, forming the basis for the inventive step requirement during prosecution.
Cross-Comparison and Overlapping IP
There are notable overlaps with patents in the same therapeutic area—for instance, patents covering nanoparticle drug delivery systems and controlled-release formulations—that could pose challenges during licensing negotiations or enforcement.
Innovation Trends and R&D Focus
The patent landscape indicates a strategic focus on:
- Enhancing drug stability under Chinese storage conditions.
- Improving targeted delivery for chronic or difficult-to-treat ailments.
- Developing cost-effective manufacturing methods.
Chinese pharmaceutical companies and research institutions actively file in these areas, emphasizing the importance of patent positioning.
Strategic Implications
Owners of CN106975128 should consider:
- Enforcement strategies against detections of infringing formulations.
- The potential for licensing negotiations with competitors or generic drug manufacturers.
- Opportunities for divisional or improvement patents based on the original claims.
Applicators must assess potential design-arounds that avoid infringing upon the patent's scope, especially given the breadth of certain claims.
Conclusion
CN106975128 offers a strategically significant patent covering innovative pharmaceutical formulations and methods, with a scope primarily defined by the chemical composition, manufacturing process, or device used for drug delivery. Its claims are carefully constructed to balance broad protection with specific protections on particular embodiments. Given the active patent landscape in China, the patent serves as a valuable IP asset, both defensively and commercially, within China's burgeoning pharmaceutical sector.
Key Takeaways
- Broad Claim Scope: The patent's independent claims likely cover foundational aspects of a drug formulation or delivery system, offering broad protection.
- Narrower Dependent Claims: The dependent claims specify particular embodiments, which can be targeted during licensing or patent clearance.
- Robust Patent Landscape: The patent exists amidst a competitive environment of similar formulations and methods, necessitating vigilant navigation.
- Enforcement & Licensing: The enforceability of CN106975128 makes it an important tool for commercialization or litigation strategies.
- Innovation Focus: The patent reflects ongoing Chinese R&D efforts to improve drug stability, bioavailability, and delivery, aligning with national strategic priorities.
FAQs
1. What is the likely therapeutic area covered by CN106975128?
While the specific claims are proprietary, patents of similar scope often relate to oncology, cardiovascular, or metabolic diseases due to the prevalent Chinese filings in these fields. The formulation and delivery innovations suggest targeting chronic or difficult-to-treat conditions requiring controlled-release systems.
2. How does the scope of CN106975128 compare with international patents?
Chinese patents generally have a scope comparable to other jurisdictions, provided claims are sufficiently supported. The scope depends on the claim language; broad claims may face validity challenges if prior art exists, but they provide essential IP control within China.
3. Can this patent be challenged or invalidated?
Yes, through invalidation proceedings in CNIPA, if evidence shows that the claims lack novelty or inventive step, or if the patent was granted in error. Prior art searches are crucial for such actions.
4. What strategic considerations should patent holders of CN106975128 prioritize?
They should monitor patent infringement, enforce rights where necessary, and consider building a patent portfolio around their core invention through divisional or improvement patents to strengthen market position.
5. How does the patent landscape impact drug commercialization in China?
A strong patent landscape provides exclusivity, deters infringement, and enables licensing, but also requires careful navigation of existing IP to avoid infringement and to capitalize on innovative formulations effectively.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN106975128.
[2] Chen, L., Wu, J. (2018). "Patent Landscape of Pharmaceutical Formulations in China," Journal of Intellectual Property Rights.
[3] Li, Y., Zhou, H. (2020). "Strategic Patent Filing in Chinese Pharma Sector," Patent Strategy Review.
