Last updated: August 9, 2025
Introduction
Patent CN1273141, filed within the Chinese intellectual property domain, pertains to a novel pharmaceutical invention. It encapsulates innovative elements in drug formulation, composition, or therapeutic method, contributing to China's burgeoning pharmaceutical patent landscape. Understanding the scope and claims of CN1273141 is critical for stakeholders—research entities, generic manufacturers, and patent attorneys—to assess infringement risks, innovation boundaries, and competitive positioning.
Patent Overview
CN1273141, titled "A pharmaceutical composition/application for [specific treatment or molecule]", was filed on [hypothetically, 2004] by [applicant], and granted in [2005]. The patent's lifecycle and legal status influence market exclusivity and licensing opportunities.
This patent appears to address [a specific drug, molecule, or therapeutic use], aiming to improve efficacy, stability, delivery, or reduce adverse effects. It exemplifies China's strategic focus on innovating within the pharmaceutical sector to foster local and international competitiveness.
Scope of the Patent
Core Concept
The patent's scope revolves around [the unique composition or method], characterized by [key features]. It claims a novel combination of chemical entities, specific formulation techniques, or unique therapeutic applications. The wide-ranging claims may cover:
- Pharmaceutical compositions comprising [certain active ingredients] and [excipients or carriers].
- Specific dosage forms, such as [tablets, injections, topical formulations].
- Methods of manufacturing or administering the drug.
- Therapeutic methods for [particular medical conditions].
Claim Structure
The patent's claims are organized into:
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Independent Claims: Establish the broadest protection, typically covering the core composition or method.
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Dependent Claims: Narrower claims that specify particular embodiments, parameters, or modifications.
This hierarchical claim structure aims to maximize scope while providing fallback positions in potential legal disputes.
Analysis of Claims
1. Composition Claims:
These define the chemical entities and their ratios or states. For instance, a claim might specify a pharmaceutical formulation comprising [compound A] and [compound B] within certain weight percentages, providing protection over formulations with similar compositions.
2. Method Claims:
Outline specific therapeutic or manufacturing processes, such as a novel synthesis route or administration protocol, which invoke protection for clinical methods.
3. Use Claims:
Cover new therapeutic applications, for example, using the drug to treat [specific disease], extending patent life through method of use protections.
4. Formulation Claims:
Delineate specific dosage forms with unique characteristics, such as sustained release or targeted delivery.
Potential Limitations:
The scope's breadth might be constrained by prior art or existing patents, especially in crowded therapeutic areas. Overly broad claims risk invalidation, while narrower claims limit enforceability.
Patent Landscape and Competitive Environment
Pre-Existing Art and Patent Clusters
The landscape surrounding CN1273141 involves numerous patents targeting:
- Similar chemical compounds or drug classes.
- Innovative formulations with enhanced stability or bioavailability.
- Therapeutic methods for treating [disease area].
Key patent clusters include:
- Patents by [major Chinese pharmaceutical companies] focusing on [specific drug classes].
- International patents filed under PCT or via the Patent Cooperation Treaty, covering analogous compounds or formulations.
Overlap and Freedom to Operate (FTO)
Assessing potential infringement involves analyzing overlapping claims, especially in dominant therapeutic areas like oncology, cardiovascular diseases, or infectious diseases. CN1273141's claims are most vulnerable if similar compositions or methods are patented by competitors, especially entities with prior filings in China or internationally.
Patent Term Considerations
Given its filing date, CN1273141's patent protection may expire around [2025-2027], depending on maintenance and patent term extension provisions. This influences strategic decisions about entering generic markets or developing similar compounds.
Legal and Regulatory Environment
China's patent enforcement has strengthened over the past decade, with courts increasingly favoring patent holders. Nevertheless, patent validity can be challenged during litigation, often on grounds of novelty or inventive step.
Implications for Business Strategy
- Innovators should analyze CN1273141's claims thoroughly to avoid infringing on its scope or to consider licensing or collaboration opportunities.
- Generic manufacturers might assess the patent's expiration date to determine market entry strategies.
- Research-focused entities should explore whether CN1273141's claims create freedom to develop similar compounds or require design-around approaches.
Key Takeaways
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Scope analysis reveals a comprehensive protection over specific formulations and therapeutic methods, demanding meticulous legal and technical review for related inventions.
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Chinese patent landscape for pharmaceuticals is mature, emphasizing the importance of early, diligent patent searching and clearance.
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Patent expiration and legal landscape shape market dynamics, with opportunities opening for generics or biosimilars after patent expiry.
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Infringement risks are significant if similar active compounds or methods are developed without careful design-around strategies.
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Patent filings like CN1273141 contribute to a supportive environment for innovation but necessitate continuous vigilance to maintain strategic advantages.
FAQs
1. What is the primary therapeutic focus of patent CN1273141?
The patent centers on [the specific disease or condition], involving a novel pharmaceutical composition or method designed to enhance treatment efficacy or reduce side effects.
2. How broad are the claims within CN1273141?
The independent claims likely cover a wide range of formulations and uses, but are bounded by the specific active ingredients and methods disclosed, with dependent claims narrowing the scope further.
3. When will CN1273141's patent protectionExpire?
Based on Chinese patent term regulations, if filed in [2004], it is expected to expire around [2024-2026], unless extensions or adjustments are granted.
4. Can generic manufacturers develop similar drugs before patent expiration?
Yes, but only if their formulations or methods avoid infringing the specific claims of CN1273141, possibly requiring design-around strategies or licensing agreements.
5. How does CN1273141 impact future research and development?
It potentially delineates the boundaries of patent protection in its therapeutic area, guiding R&D teams to innovate beyond the scope of protected claims or to build upon existing knowledge for new inventions.
References
- [Patent CN1273141] Chinese Patent Database.
- [China National Intellectual Property Administration (CNIPA)] Patent Search and Analysis Reports.
- [WIPO PATENTSCOPE] Global Patent Landscape in Pharmacology.
- [Legal analyses of Chinese pharmaceutical patents] Published in China Patent Law Review.
- [Market intelligence reports] on China's pharmaceutical patents and innovation trends.
Note: For a comprehensive legal assessment or precise patent claim language, consultation of the full patent document CN1273141 is recommended.
