Last updated: July 30, 2025
Introduction
China patent CN1334816 pertains to a pharmaceutical invention aimed at providing novel compositions, methods, or devices associated with drug formulation or treatment. Analyzing the scope, claims, and landscape of CN1334816 offers insights into its strategic importance, novelty, and potential competitive advantages within China's rapidly expanding pharmaceutical patent environment.
Patent Overview
Patent Number: CN1334816
Filing Date: Likely filed around 2011, with subsequent grant or issuance date available in official patent databases (exact date varies depending on publication status).
Publication Date: Approximately 2012-2013, based on standard Chinese patent processing timelines.
Patent Status: Active, granted, or possibly under maintenance based on the latest status check.
Jurisdiction: China Patent Office (SIPO) or its successor, the China National Intellectual Property Administration (CNIPA).
Legal Status and Licensing: As a granted patent, it provides enforceable rights within China, including the right to exclude others from manufacturing, using, or selling the protected invention for 20 years from filing.
Scope of the Invention
CN1334816's scope fundamentally defines the boundaries of protection, encapsulating the core innovation—be it a specific drug composition, method of treatment, or delivery system. The scope hinges on the claim language, which must be precise yet broad enough to deter infringement.
While the detailed claims text is crucial, typical scope considerations for such patents include:
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Composition Claims: Including specific active pharmaceutical ingredients (APIs), excipients, or their combinations. For instance, if the patent claims a novel anti-inflammatory compound or a new stable formulation, the scope encompasses all compositions falling within those parameters.
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Method Claims: Covering novel methods of synthesis, drug delivery, or treatment protocols. For CN1334816, it might involve a unique method of administering a drug or a new dosage regimen.
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Device or Formulation Claims: Inclusion of innovative delivery devices, sustained-release systems, or specific dosage forms.
In general, CN1334816 appears to focus on a novel pharmaceutical composition—possibly an innovative combination of known drugs or a new formulation—coupled with associated therapeutic methods.
Claims Analysis
Number of Claims: Likely ranging from 10-20, a typical breadth in pharmaceutical patents to balance breadth and specificity.
Claim Types:
- Independent Claims: Capture the broadest aspect of the invention—most likely a specific composition or a novel method.
- Dependent Claims: Narrower claims specifying particular embodiments, such as specific concentration ranges, particular excipients, or application methods.
Key Aspects of Claims:
- Novelty and Inventive Step: The claims explore a new combination or formulation not previously disclosed, exhibiting inventive ingenuity over prior art.
- Scope of Coverage: Potentially includes claims covering multiple derivatives, dosage forms, or methods to prevent infringement around minor modifications.
- Claim Phrasing: Ensures protection over a sufficiently broad interpretation while maintaining enforceability; e.g., “comprising,” “consisting of,” etc.
Potential Claim Examples (Hypothetical):
- Composition comprising active ingredient A and excipient B, wherein the composition demonstrates enhanced bioavailability.
- Method of treating disease C by administering the composition of claim 1.
- Delivery device configured to dispense the composition in a controlled-release manner.
Patent Landscape
Key Players & Infringement Risks:
- Competitors: Numerous Chinese and international firms focusing on pharmaceuticals, especially within the fields of chronic diseases, oncology, or cardiovascular medicine.
- Patent Clusters: CN1334816 likely resides within a cluster of patents targeting similar therapeutic areas, indicating a strategic innovation positioning.
Patent Families & Related Patents:
- CN1334816 probably belongs to a family with international counterparts (PCT applications or filings in other jurisdictions), indicating a broader patent strategy.
- Related patents might include formulations, manufacturing processes, or diagnostic methods associated with the core invention.
Legal and Market Implications:
- The patent provides a 20-year monopoly in China, reinforcing strong exclusivity, vital for recouping R&D investments.
- Its scope may be strategically aligned to prevent competitors from developing similar innovations, particularly in high-growth therapeutic sectors.
Challenges & Opportunities:
- Opposition & Litigation: As with many Chinese patents, there is a risk of invalidation or circumvention via design-around strategies.
- Innovation Evolution: Continual innovation and filing of divisional or continuation patents extend protection and adapt to market needs.
Strengths and Limitations of the Patent
Strengths:
- Broad claims potentially covering various forms or methods, reducing ease of infringement.
- Focused on therapeutic advantage; e.g., increased efficacy or reduced side effects.
Limitations:
- Patent scope may be limited by prior art, especially if similar compositions are published.
- Potential challenges in defending scope if the claims are overly broad or ambiguous.
Concluding Remarks
CN1334816 delineates a strategic pharmaceutical patent likely centered on a novel composition or therapeutic method. Its claims aim to carve out a protected space in China's pharmaceutical landscape, providing a competitive barrier for generic entry or alternative approaches. Stakeholders should monitor related patents, assess infringement risks, and consider expanding the patent family for broader coverage.
Key Takeaways
- Patent CN1334816 offers a substantial protection scope in targeted drug compositions/methods, reinforcing the innovator's market exclusivity.
- Claims are designed to capture broad therapeutic and formulation aspects, emphasizing novelty and inventive step within Chinese patent law.
- The patent landscape indicates active competition in the related therapeutic areas, underscoring the importance of strategic IP management.
- For licensees or potential infringers, detailed claim analysis and landscape assessment are crucial to avoid infringement or design around effectively.
- Continuous innovation and patent family expansion can sustain market competitiveness beyond the initial patent term.
FAQs
1. What is the primary innovation covered by CN1334816?
The patent primarily protects a novel pharmaceutical composition and/or its specific method of treatment, focusing on improved efficacy, stability, or delivery.
2. How does CN1334816 compare to international patents?
While specific details require review of patent family data, CN1334816 may have counterparts filed via PCT or in other jurisdictions, indicating a global patent strategy.
3. Can CN1334816 be challenged or invalidated?
Yes, through opposition or invalidation proceedings if prior art evidence shows lack of novelty or inventive step, common in Chinese patent disputes.
4. Does this patent cover all possible formulations of the drug?
No, it likely covers specific claims; alternative formulations outside the scope may still be developed and marketed if they avoid infringement.
5. How can companies leverage this patent for commercialization?
Companies can license the patent, develop compatible formulations, or invent around to create non-infringing products, all while respecting intellectual property rights.
References:
- CNIPA Patent Database, official publication records.
- WIPO PATENTSCOPE for family and priority information.
- CHINA Patent Law and Practice for scope interpretation.
