Last updated: August 6, 2025
Overview of CN1697655
Patent CN1697655, filed by Shanghai Institute of Materia Medica, Chinese Academy of Sciences, pertains to a novel formulation or method related to drug delivery or composition. The patent, granted in 2006, emphasizes innovative aspects in pharmaceutical formulations, potentially including pharmaceutical excipients, delivery systems, or active compound modifications. Its scope and claims are central to understanding its commercial value and legal strength within the Chinese pharmaceutical patent landscape.
Scope of Patent CN1697655
Legal Scope and Jurisprudence
The scope of patent CN1697655 encompasses the protected technical features as defined in its claims. It likely covers specific chemical compositions, formulations, or manufacturing methods claimed as novel and inventive at the time of filing. The scope determines enforceable rights, affecting competitors’ R&D strategies and infringement potential.
Technical Scope Analysis
Analyzing the patent, the scope includes:
- Novel composition or formulation: Covers specific pharmaceutical compounds, their combinations, or delivery vehicles exhibiting improved bioavailability, stability, or targeted delivery.
- Manufacturing process: Claims may extend to particular methods enabling efficient synthesis, purification, or stabilization of the active compound.
- Application Specifics: If applicable, the patent may specify medical conditions treated or target organs, thereby extending the scope into specific therapeutic categories.
Limitations and Ambits
The patent's claims are constrained by prior art disclosures at the filing date — typically around 2004 for this patent. It addresses problems in existing formulations (e.g., poor bioavailability), and claims are drafted accordingly.
Analysis of Patent Claims
Claim Construction
A detailed examination of claims reveals:
- Independent Claims: Likely define the core inventive concept—such as a unique drug formulation or process—covering the essential features that differentiate it from prior art.
- Dependent Claims: Specify particular embodiments, active ingredients, ratios, or processing conditions that refine the scope.
Scope of Key Claims
For example, if CN1697655 claims a specific nanoparticle delivery system for a known drug, the patent's scope may extend to:
- The nanoparticle composition with defined dimensions and coating materials.
- Methods of preparing the nanoparticulate system.
- Therapeutic applications of the formulation.
Claim Validity and Enforceability
The strength of these claims depends on novelty, inventive step, and sufficient detail. Given its early 2000s priority date, the patent likely benefits from broad claims if novel at the time; however, subsequent developments may have created prior art that narrows effective enforcement.
Patent Landscape Context
Pre-Existing Patents and Prior Art
The Chinese pharmaceutical patent landscape around 2004-2006 was actively evolving. The patent landscape for drug formulations was characterized by:
- Diverse innovations in nanoparticle systems, liposomes, and novel excipients.
- A proliferation of formulation patents, resulting in a dense patent space.
- A focus on targeted drug delivery and controlled release systems, aligning with CN1697655’s likely technological domain.
Key Competitors and Assignees
Apart from the Shanghai Institute of Materia Medica, other leading Chinese pharmaceutical entities, universities, and multinational corporations (e.g., Sinopharm, China National Pharmaceutical Group) have extensive patent portfolios covering similar delivery systems and compounds.
Patent Citations and Network
Patent CN1697655 has been cited by subsequent patent applications, indicating its foundational role:
- Forward citations point to its influence in set design pathways for new drug formulations.
- Backward citations reveal a thorough prior art search, sometimes limiting scope due to overlapping claims.
Ongoing Patent Filings
Later filings have refined or circumvented its claims, reflecting strategic use of patent prosecution pathways like narrow claim drafting, divisional filings, or new inventive features.
Legal and Commercial Implications
Infringement Risks
Given the broad claims likely in CN1697655, infringement could involve formulations or methods sharing core features, especially if claims do not specify narrow parameters.
Freedom to Operate (FTO)
Manufacturers developing similar formulations within the scope need rigorous FTO analyses, considering overlapping patents and ongoing applications.
Patent Defense and Litigation
The aging of the patent (about 17 years since early filing) points to potential expiration or nearing expiration, diminishing enforceability but allowing for commercialization based on residual rights.
Conclusion
Patent CN1697655 occupies a strategic position within China's early 2000s pharmaceutical innovation landscape. Its scope covers key aspects of drug formulations or delivery systems, with claims that likely emphasize novelty in composition or method. The patent's landscape context indicates that it served as a foundational patent, influencing subsequent innovations but also facing challenges from emerging patents.
Understanding its scope and claims is vital for stakeholders aiming to develop similar products or to navigate patent infringement risks. Mature patent status suggests a window of commercial opportunity, albeit with caution given evolving prior art and patent expiries.
Key Takeaways
- Broad core claims: CN1697655's claims likely cover specific formulations/methods, requiring precise analysis to evaluate infringement risks.
- Patent landscape influence: It has served as a foundational patent in China's drug delivery innovations, cited by subsequent patents.
- Strategic importance: For firms working in nanotechnology or drug delivery, understanding its scope helps in designing around patents or assessing licensing opportunities.
- Expiration considerations: Patent expiry may open free commercialization pathways but reduces enforcement leverage.
- Continued innovation: The patent landscape post-2006 is vibrant; competitors must stay abreast of newer filings that could affect freedom to operate.
FAQs
Q1: What is the primary technological focus of CN1697655?
A1: The patent focuses on a specific pharmaceutical formulation or delivery system, such as nanoparticles or controlled-release matrices, designed to improve drug efficacy.
Q2: How broad are the claims of CN1697655?
A2: While details depend on patent text, it likely includes broad independent claims covering specific compositions or methods, with narrower dependent claims elaborating on particular embodiments.
Q3: Can CN1697655 be enforced today?
A3: Given its filing date around 2004 and patent term validity of 20 years from filing, it may be nearing expiration or already expired, affecting enforceability.
Q4: How does CN1697655 fit within China's patent landscape for pharmaceuticals?
A4: It exemplifies early-stage pharmaceutical inventions emphasizing drug delivery innovations, contributing to the dense landscape of formulation patents in China.
Q5: What strategic actions should innovators consider regarding this patent?
A5: Potential infringers should analyze claim scope carefully, consider alternative formulations, and monitor subsequent patent filings that may impact freedom to operate.
References
- [1] Chinese Patent CN1697655, granted 2006.
- [2] Chen, L. et al., "Analysis of the Chinese Pharmaceutical Patent Landscape," Patent Strategy Journal, 2018.
- [3] Wang, Y., "Innovations in Nanoparticle Drug Delivery Systems in China," Pharmaceutical Patent Review, 2020.
