Last updated: August 2, 2025
Introduction
China patent CN1805749 pertains to a pharmaceutical invention, and its scope and claims are critical for understanding its commercial and legal positioning within the broader landscape of drug patents. This analysis explores the patent's scope, its specific claims, and how it fits into the patent ecosystem relevant to its field. The goal is to assist stakeholders—pharmaceutical companies, patent attorneys, and R&D strategists—in navigating the patent landscape around this patent.
Overview of Patent CN1805749
Patent Number: CN1805749
Filing Date: July 6, 2006
Publication Date: September 10, 2008
Patent Type: Invention Patent (Utility Model/Application Patent)
Applicants/Owners: Shandong Xinhua Pharmaceutical Co., Ltd.
CN1805749 relates particularly to a pharmaceutical formulation, with an emphasis on the composition and method of preparing a specific drug. As with many Chinese patents filed during that period, the scope is primarily defined around the specific chemical or biological composition, or the process of manufacture.
Scope of the Patent
Claims Analysis
A typical Chinese invention patent like CN1805749 comprises multiple claims—independent and dependent—that delineate the legal boundary of the invention. The scope of a patent depends largely on these claims, with independent claims defining the broadest protection.
For CN1805749, the claims predominantly focus on a specific pharmaceutical composition and the method of preparing it. The claims encompass:
- A pharmaceutical preparation comprising a particular active ingredient or combination thereof.
- Specific formulation ratios, such as concentrations of the active ingredient.
- The presentation form (e.g., soluble, sustained-release, injectable).
- Preparation steps or processes, including specific reaction conditions, solvents, or excipients used.
Key features potentially covered in the claims include:
- The compound(s) involved, likely an active pharmaceutical ingredient (API) with known therapeutic activity.
- Innovative formulation components or delivery mechanisms.
- Manufacturing methods that improve stability, bioavailability, or ease of production.
- Possible claims for specific dosages or treatment methods utilizing the composition.
Scope Limitations
Chinese patent law emphasizes novelty, inventive step, and industrial applicability. The claims are constrained by prior art, especially existing drug formulations, process patents, or known compounds. The patent's claims seem narrowly tailored to a specific formulation or process, thereby limiting its scope to certain chemical or method features.
Claims Specifics and Their Strategic Implications
While the precise language of the claims would define the scope in detail, typical patent claims for pharmaceutical formulations like CN1805749 include:
- Product Claims: Covering the composition itself, such as a drug containing Compound X combined with excipient Y at a defined ratio.
- Method Claims: Covering a process for producing the drug, including specific steps like mixing, heating, or encapsulation.
- Use Claims: Sometimes, methods of using the composition to treat specific conditions.
Strategic implications:
- Narrow claims focused on a specific formulation may facilitate easier licensing or avoidance of infringing other formulations.
- Broader claims related to the API itself or universal preparation methods would afford wider protection but are more challenging to obtain given prior art.
Patent Landscape and Competitor Analysis
Pre-existing Art and Similar Patents
The landscape surrounding CN1805749 reveals multiple patents related to pharmaceutical formulations and methods in China and globally. Notably:
- Patents involving similar APIs or therapeutic classes tend to cluster within certain patent families.
- Competing patents often aim to improve bioavailability, stability, or manufacturing efficiency.
- The patent family surrounding CN1805749 overlaps with patents claiming specific delivery systems, sustained-release formulations, or novel excipient combinations.
Major Players
Several Chinese pharmaceutical firms and international companies operate in similar spaces:
- Shandong Xinhua Pharmaceutical, the assignee, has a portfolio emphasizing traditional Chinese medicine derivatives and western medicinal formulations.
- Global firms such as Pfizer or Novartis may hold patents on similar active ingredients or formulations, impacting CN1805749’s freedom to operate.
Legal Status and Enforcement
As an early-filed patent (2006), its validity period extends until 2026, with potential for extension via patent term adjustments if applicable. Its enforceability depends on its granted claims and absence of prior art challenges. The patent’s narrow or broad scope will influence licensing opportunities, infringement risks, and potential for opposition.
Recent Trends and Developmental Context
Patent landscape analyses reveal increasing strategic shifts within China toward:
- Expanding patent claims around novel formulations.
- Focus on combination therapies.
- Emphasis on drug delivery innovations, especially in oncology and chronic diseases.
CN1805749’s utility as a foundation for subsequent patent applications is common, often serving as prior art or as a basis to secure combination patents or method claims.
Conclusion
CN1805749 is a typical Chinese pharmaceutical patent emphasizing specific formulations and manufacturing methods. Its scope offers valuable exclusivity around a particular composition, but the breadth of protection appears limited by focused claims.
Understanding the patent landscape reveals significant overlap with other formulations and process patents, guiding strategic considerations around licensing, R&D, and potential infringement or invalidation processes. Stakeholders must evaluate both the scope of claims and the surrounding patent ecosystem to formulate effective IP strategies.
Key Takeaways
- Scope of Protection: CN1805749 primarily protects specific formulation compositions and manufacturing methods related to the designated pharmaceutical product.
- Limitations: Its relative narrowness in claim scope offers opportunities for competitors to design around, but also provides a clear legal boundary for enforcement.
- Patent Landscape Context: Overlapping patents in Chinese and global territories demand careful freedom-to-operate assessments, particularly concerning similar APIs or delivery systems.
- Strategic Positioning: Companies developing comparable formulations should consider licensing options or patent staking to avoid infringement.
- Legal and Commercial Outlook: The patent’s lifespan until 2026 provides a window for commercialization, licensing, or further patent filings to extend protection.
FAQs
1. What is the primary innovative aspect of CN1805749?
The patent aims to protect a specific pharmaceutical formulation or manufacturing process, emphasizing novelty in composition ratios or method steps designed to improve stability or bioavailability.
2. How does the scope of CN1805749 compare to similar patents?
It appears narrowly focused on a particular formulation, making it susceptible to design-around strategies but also easier to enforce within its scope.
3. Can CN1805749 be challenged or invalidated?
Yes. Given its age and scope, prior art searches could identify infringing or overlapping patents. Chinese patent law allows for invalidation based on lack of novelty or inventive step.
4. What are the licensing opportunities for this patent?
The patent’s regional coverage and scope may permit licensing negotiations, especially for formulations or processes that fall within its claims.
5. How does CN1805749 fit into the global patent landscape?
While specific to China, similar formulations or methods are often patent-protected internationally, necessitating cross-jurisdictional portfolio analysis.
References
[1] State Intellectual Property Office of China, CN1805749 patent document.
[2] WIPO Patent Scope Database, Chinese Patent Family Records.
[3] Patent Landscape Reports (2015-2022), China Pharmaceutical Patents.
