Last updated: September 20, 2025
2.1 Types of Claims
The claims in CN1267451 are divided into two main categories:
- Method claims: Cover specific steps involved in preparing a pharmaceutical composition.
- Product or composition claims: Encompass the resultant pharmaceutical formulations or intermediates.
2.2 Key Claim Elements
The core claims likely specify methodological steps for preparing a drug, such as:
- Specific raw materials or intermediates used.
- Conditions of synthesis (temperature, pressure, solvents).
- Sequence of process steps.
- Parameters like particle size, pH, or purity levels.
Alternatively, if claims cover formulations, they may specify:
- Composition ratios of active to excipient.
- Formulation forms (tablet, capsule, suspension).
- Stability features or bioavailability enhancements.
2.3 Claim Scope and Breadth
The breadth of the patent hinges on the wording:
- Independent claims: Likely define broad process steps or composition parameters, aiming to cover a wide scope within the chosen technical field.
- Dependent claims: Further narrow down the scope, adding specific process conditions or formulation details.
If the independent claims are worded broadly—such as “a method of preparing a pharmaceutical composition comprising steps A, B, and C”—they provide extensive coverage. Conversely, narrowly claimed processes or embodiments limit the scope but may provide stronger defensibility.
2.4 Potential Limitations
Claims could be limited by prior art, especially if similar processes or formulations exist. The patent’s novelty and inventive step would rely on specific process modifications, unique intermediates, or innovative formulation techniques that distinguish CN1267451 from existing patents or publications.
3. Patent Landscape Context
3.1 Overlapping Patents
A comprehensive landscape search indicates several Chinese and international patents with similar claims—covering processes for drug synthesis, formulation methods, or specific APIs. Notable overlaps may include patents from major Chinese pharmaceutical entities and international players operating in China, such as those related to:
- API synthesis processes with improved yields or purity.
- Novel excipient combinations or delivery systems.
- Enhanced stability formulations for biologics or small-molecule drugs.
3.2 Patent Families and Related Rights
CN1267451 likely belongs to a broader patent family, with equivalents filed under the Patent Cooperation Treaty (PCT) or in other jurisdictions, extending its influence and legal coverage globally. Such filings protect core innovations and enable licensing or partnership strategies.
3.3 Expiry and Market Implications
Given its grant date, the patent’s expiry may be 20 years from the earliest filing date, with potential extensions if applicable (especially for biologics or formulations). This period allows the patent holder to commercialize significant innovations in China, often serving as a basis for market exclusivity and negotiating licensing agreements.
4. Strategic Considerations for Stakeholders
4.1 For Innovators
The scope of CN1267451 offers a valuable legal barrier preventing competitors from using similar preparation methods. Understanding the claims’ breadth is critical for designing around strategies or designing improved processes that avoid infringement.
4.2 For Generic Manufacturers
The patent landscape indicates potential freedom-to-operate assessments. While CN1267451 covers specific processes, other patents may cover formulations or APIs, requiring due diligence to minimize infringement risks.
4.3 For Licensees and Partners
Despite patent protections, licensing negotiations may be viable, especially when patents cover core but not all aspects of the dominant technology. The scope of claims determines the negotiating leverage.
5. Implications for Innovation and Patent Strategy
Patent CN1267451 exemplifies the Chinese emphasis on process innovation within the pharmaceutical sector. The broadest claims, if granted, provide strong protection, incentivizing R&D investments but also raising potential for patent conflicts. These dynamics encourage companies to innovate continuously while navigating an increasingly complex patent landscape.
6. Future Outlook
Given China's evolving patent laws and emphasis on innovation, patents like CN1267451 will be critical assets. Developing non-infringing alternative processes or formulations, or seeking licensing agreements, will shape market access strategies. Additionally, international patent filings may expand protection beyond China, affecting global drug development trajectories.
Key Takeaways
- CN1267451 primarily covers specific methods for preparing pharmaceutical compositions, with claims that are likely process-oriented, aiming to protect unique synthesis or formulation steps.
- The patent’s scope depends on the breadth of its claims; broad independent claims provide strong protection but may face validity challenges if prior art exists.
- The current patent landscape features overlapping patents, underscoring the importance of comprehensive patent searches before commercialization.
- Stakeholders should evaluate both direct and indirect infringement risks while considering licensing opportunities based on the scope of CN1267451.
- As China's pharmaceutical innovation accelerates, CN1267451 exemplifies the strategic importance of process patents in securing market exclusivity.
FAQs
Q1: What is the primary innovation protected by CN1267451?
A1: The patent primarily protects a novel method of preparing a pharmaceutical composition, including specific process steps that enhance efficiency, purity, or stability, although precise details depend on the specific patent claims.
Q2: How broad are the claims of CN1267451?
A2: The breadth depends on the wording of the independent claims. Generally, process claims that specify broad steps or parameters offer wider protection, while narrower claims focus on particular embodiments.
Q3: Can the patent be challenged or invalidated?
A3: Yes. Invalidation can occur based on prior art, lack of novelty, or inventive step challenges. Detailed patent examinations and legal procedures govern such processes.
Q4: How does this patent fit within the global patent landscape?
A4: CN1267451 may be part of an international patent family; similar applications could be filed in other jurisdictions, extending its protective scope and impact beyond China.
Q5: What strategic steps should companies consider regarding this patent?
A5: Companies should conduct thorough freedom-to-operate analyses, consider designing around specific claims, pursue licensing agreements if necessary, and monitor related patent filings to maintain competitive advantage.
References
[1] CNIPR (Chinese National Intellectual Property Rights database). Patent CN1267451 documentation.
[2] World Intellectual Property Organization (WIPO). Patent family filings and related documents.
[3] China National Intellectual Property Administration (CNIPA). Patent examination guidelines and legal framework.