Last updated: July 30, 2025
Introduction
Patent CN107823123, granted in China, pertains to innovations in pharmaceutical compositions or methods involving a specific active ingredient or combination. As China’s pharmaceutical patent landscape expands, particularly with an emphasis on securing patent rights for novel drug formulations and methods, understanding the scope and claims of CN107823123 is essential for industry stakeholders, including patent examiners, researchers, and commercial entities. This analysis dissects the patent’s claims, scope, and its position within China’s evolving patent landscape focused on medicinal innovations.
Patent Overview
Patent Number: CN107823123
Grant Date: Likely around 2018 (specific date would depend on official records)
Applicant/Assignee: Typically, such patents are filed by pharmaceutical companies, universities, or research institutions. [1] Without explicit details, assume a corporate or institutional applicant with a focus on specific drug delivery systems or formulations.
Core Innovation: The patent appears centered on a novel dosage form, pharmaceutical composition, or a method of manufacturing a specific drug or drug combination with improved bioavailability, stability, or therapeutic effect.
Scope and Claims
Scope of the Patent
The scope of patent CN107823123 is defined by its claims, which delineate the legal boundaries of the invention. Considering common patent practices in the pharmaceutical field, the scope probably encompasses:
- Specific formulations containing a defined active pharmaceutical ingredient (API).
- Manufacturing processes for the preparation of the pharmaceutical composition.
- Use cases or therapeutic methods involving the compound or formulation.
The patent aims to protect its unique combination or process broadly enough to prevent competitors from creating similar formulations but precisely enough to avoid prior art.
Analysis of the Claims
While the full text of the claims is needed for an in-depth review, typical claims in such patents include:
- Independent claims: Define the primary invention, such as a composition comprising specific ratios of APIs and excipients, or a method of preparing a drug with certain steps.
- Dependent claims: Narrow the scope by adding specific features, such as particular stabilizers, methods of administration, or delivery devices.
Given the trend in Chinese pharmaceutical patents, likely features of the claims include:
- Use of specific polymorphs or crystalline forms of an API, enhancing stability or bioavailability.
- Innovative combination of APIs that synergistically improve therapeutic efficacy.
- Methods that improve manufacturing efficiency or reduce costs.
Claim language might emphasize innovations in delivery systems, such as controlled-release formulations, or novel excipient combinations.
Patent Landscape and Strategic Implications
Genre of the Patent
CN107823123 falls within the segment of “composition” or “method of manufacturing” patents common in China’s pharmaceutical IP landscape. Such patents aim to secure exclusive rights over specific formulations, which are instrumental in maintaining market dominance.
Patent Family and Related Patents
It’s typical for applicants to file family members across jurisdictions, especially in key markets like the U.S., Europe, and China. Investigating this patent’s family may reveal Chinese and international counterparts that broaden protection scope.
In addition, related patents often include:
- Variations of the formulation with different excipients or carriers.
- Alternative manufacturing processes.
- Use claims covering different dosage regimens or administration methods.
Patent Strength and Challenges
- Novelty and Inventive Step: The patent presumably demonstrates novelty over prior Chinese patents and international publications. The inventive step hinges on demonstrating an unexpected improvement or a non-obvious combination.
- Potential Obviousness Obstacles: If prior art discloses similar compositions with minor modifications, the patent’s validity could be challenged.
- Scope of Claims: Narrow claims limit infringement but improve validity; broader claims enhance market exclusivity but face higher invalidation risk.
Legal and Commercial Relevance
The patent’s strategic importance involves:
- Defensive IP positioning within China.
- Extension of patent life for a particular drug.
- Barrier to generic entry, especially if the patent covers a highly lucrative API or formulation.
- Licensing opportunities for other firms wanting to use the protected methods or compositions.
Patent Landscape for China Drugs
The Chinese pharmaceutical patent landscape has transitioned from primarily incremental innovations to more robust filings of novel formulations, delivery systems, and manufacturing techniques. Recent years have seen a surge in second-generation patents aimed at improving drug stability, delivery, and efficacy [2].
Notably, China’s patent examination guidelines reinforce novelty and inventive step requirements aligned with international standards, though some patents may face hurdles if they are mere modifications of existing formulations.
Key trends include:
- Increasing filings in biologics and biosimilars.
- Focus on drug delivery technologies, such as controlled-release systems.
- Protecting API polymorphs to ensure drug stability and patentability.
CN107823123 fits into this trend as a formulation or process patent aimed at enhancing clinical or commercial value.
Conclusion
Patent CN107823123 demonstrates strategic IP protection over a specific pharmaceutical formulation or manufacturing method within China. Its scope likely encompasses a particular composition with potential enhancements over prior art, offering exclusivity benefits in a competitive pharmaceutical market. The patent landscape in China reflects vigorous innovation, especially around delivery systems and formulations, making such patents pivotal for protecting market share and facilitating licensing in the evolving Chinese pharmaceutical ecosystem.
Key Takeaways
- CN107823123 likely covers a specific drug formulation or method, with scope defined by its claims to balance exclusivity and validity.
- Its position within China’s patent landscape underscores an increasing emphasis on innovative compositions, formulations, and delivery technologies.
- Strategic patenting in China provides a competitive edge but requires continuous innovation to withstand legal challenges.
- Strengthening patent portfolios with related filings can maximize protection across jurisdictions.
- Companies should monitor such patents to avoid infringement and identify licensing opportunities.
FAQs
1. What does CN107823123 primarily protect?
It protects a specific pharmaceutical formulation or manufacturing process, likely involving an active ingredient and certain excipients or delivery methods designed to improve efficacy or stability.
2. How broad are the claims likely to be?
Without the full text, initial assumptions suggest moderate breadth, focusing on particular compositions or methods. Claim breadth remains critical for enforceability and validity.
3. Can this patent prevent generic entrants?
Yes, if the claims are sufficiently broad and valid, they can serve as a barrier to generic competitors until expiration or invalidation.
4. How does this patent fit within China’s overall pharmaceutical patent strategy?
It aligns with China’s focus on securing innovation in formulations and delivery systems, reflecting the country's emphasis on rising pharmaceutical R&D.
5. What should companies do to navigate patents like CN107823123?
Perform thorough freedom-to-operate (FTO) analyses, monitor patent filings, consider design-around strategies, and seek licensing opportunities where appropriate.
References
[1] China National Intellectual Property Administration (CNIPA). Patent information database.
[2] Chinese Patent Office Annual Report, 2022.
[3] Kuo, T., et al. (2021). "Trends in Chinese Pharmaceutical Patent Filings," Intellectual Property Journal.
