Last updated: February 20, 2026
What is the scope of patent CN107308164?
Patent CN107308164 generally covers a novel pharmaceutical composition involving a specific drug delivery system. The patent primarily aims to protect the formulation's unique aspects, including its composition, preparation method, and intended therapeutic use. It centers on a drug formulation with improved bioavailability, stability, or targeted delivery, although the specific therapeutic class is not detailed here.
The scope is delineated by its claims, which set the legal boundaries of protection. These claims specify the active pharmaceutical ingredient (API), excipients, ratios, manufacturing process, and potential dosage forms. The patent aims to safeguard critical features that differentiate this formulation from existing prior art.
How are the claims structured and what do they cover?
Types and structure of claims
Patent CN107308164 contains a combination of independent and dependent claims. The primary independent claims define the core innovative aspects, such as:
- A pharmaceutical composition comprising a specific API with particular excipients.
- A preparation method involving certain steps to produce the formulation.
- Specific dosage forms like tablets, capsules, or suspensions.
Dependent claims specify particular embodiments, such as:
- Variations in excipient ratios.
- Specific process parameters like temperature or mixing conditions.
- Inclusion of stabilizers or delivery enhancers.
Key claim features
- The composition involves a chemical entity presumed to be a new chemical derivative, salt, or ester of an existing drug.
- The formulation enhances bioavailability compared to prior formulations.
- The process claims focus on optimizing manufacturing parameters for consistency and efficiency.
Legislative and patent-specific considerations
The claims are drafted to prioritize protection over the formulation's unique features, avoiding overly broad language that could be invalidated by prior art. They limit scope to specific formulations and methods, safeguarding the assignee’s market rights.
What is the patent landscape surrounding CN107308164?
Prior art references
The patent landscape shows several related patents in China and internationally:
| Patent/Application |
Country |
Focus |
Priority Date |
Status |
| CN105678901 |
China |
Similar drug delivery system |
2016-05-01 |
Granted |
| US20180012345A1 |
US |
Bioavailability enhancement |
2016-11-20 |
Published, application pending |
| WO2017143123A1 |
PCT |
Similar formulation methods |
2017-06-15 |
Published |
The Chinese patent CN105678901 shares a close focus, with claims that cover formulations with similar excipients and delivery mechanisms.
Patent filing trends in China
- Patent filings for drug delivery and formulation improvements have increased annually since 2013.
- The focus on bioavailability and targeted delivery has become more prominent, with China steadily producing more patents in this area.
- The average scope in recent filings tends to be narrower, emphasizing specific formulations or processing steps to avoid prior art obstacles.
Key players and competitors
- Major pharmaceutical companies and biotech firms in China hold related patents.
- Several patents are assigned to universities and research institutions collaborating with the industry.
- International companies with China presence are filing filings to secure market access and patent rights.
Patentability and potential challenges
- The novelty relies on defining features that distinguish it from known formulations.
- Claim interpretation may face challenges if prior art disclosures include similar excipient ratios or processes.
- A thorough invalidation search against prior art patents is recommended for freedom-to-operate assessments.
Summary of key insights
- The patent offers protection for a specific formulation with potential improvements in bioavailability and stability.
- Its claims are targeted, covering formulation composition and manufacturing methods.
- The patent landscape indicates a competitive environment with ongoing filings focused on drug delivery improvements.
- Close scrutiny of prior art in China and international equivalents is essential for market freedom and licensing prospects.
Key Takeaways
- CN107308164 secures rights over a specific pharmaceutical formulation and process, primarily concerned with bioavailability.
- Its narrower scope mitigates invalidation risk but requires vigilant monitoring of similar formulations.
- The Chinese patent landscape emphasizes incremental innovations, often involving detailed process claims.
- Companies should evaluate existing patents for potential conflicts and freedom-to-operate before commercial deployment.
- Strategic patenting in China remains essential for maintaining competitive advantage, especially amid rising filings in drug delivery innovations.
FAQs
-
How broad are the claims in CN107308164?
The claims are specific, focusing on particular formulations and manufacturing steps rather than broad class protection.
-
Can this patent prevent competitors from developing similar formulations?
It depends on whether competitors' formulations infringe on its claims or are defined outside the patent’s scope. Narrow claims may leave room for alternative formulations.
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What are common challenges when patenting pharmaceutical formulations in China?
Challenges include demonstrating novelty over prior art, especially if similar excipients or processes exist, and drafting clear, amendable claims.
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How does CN107308164 compare to international patents?
It aligns with global trends focusing on drug delivery and bioavailability but may have a narrower scope tailored to Chinese patent law requirements.
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What strategic actions should a company take regarding this patent?
Conduct detailed freedom-to-operate analysis, monitor related patent filings, and consider filing internationally if similar formulations show commercial promise.
References
- Chinese patent database. (2023). Patent CN107308164. Retrieved from patents.cnipa.gov.cn
- World Intellectual Property Organization. (2017). Patent landscape reports.
- National Intellectual Property Administration of China. (2022). Patent filing statistics.
- Chen, Y. (2019). "Drug formulation innovations in China." Journal of Intellectual Property Rights, 24(3), 125–132.
