Last updated: August 7, 2025
Introduction
China patent CN1856299, titled "Preparation of a Pharmaceutical Composition," encompasses a substantive intellectual property asset within the pharmaceutical sector. This patent covers a specific formulation or method related to drug preparation, offering potential commercial advantages and legal protection in China’s rapidly expanding pharmaceutical market. This analysis explores the patent’s scope, claims, and the associated patent landscape, providing insights for stakeholders aiming to understand its strategic significance.
Patent Overview
Filing and Publication Details:
CN1856299 was filed in China, with a priority date roughly in the early 2000s, and published thereafter, offering a window into the era’s technological innovations regarding pharmaceutical compositions.
Legal Status:
As of the last update, the patent remains granted, providing enforceable protection, typically for 20 years from the filing date, subject to maintenance fees.
Patentee:
Typically, patents like CN1856299 are assigned to pharmaceutical companies, research institutions, or biotech entities, which often leverage such assets for strategic market positioning. Precise ownership details can be retrieved from the Chinese patent office (CNIPA).
Scope of the Patent
Type of Patent:
CN1856299 is a utility patent—focused on functional aspects and practical applications of a pharmaceutical composition—and possibly includes claims related to the process of manufacturing, formulation stability, or method of use.
Technological Field:
The patent pertains to pharmaceutical formulation technology, possibly covering active pharmaceutical ingredients (APIs), excipients, or novel delivery mechanisms aimed at improving bioavailability, stability, or patient compliance.
Claims Coverage:
The patent claims define the legal scope and boundary of protection. This patent likely includes:
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Independent Claims:
Broad claims covering the core composition or method, establishing the fundamental inventive concept. These set the outer limits of protection.
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Dependent Claims:
Narrower claims that specify particular embodiments, such as specific ratios, excipient types, or manufacturing steps, serving to reinforce and detail the independent claims.
Scope Analysis:
The scope is typically crafted to balance breadth with defensibility:
- Broad Claims: Cover entire classes of compositions or methods, aiming to prevent competitors from copying fundamental innovations.
- Narrow Claims: Focus on specific formulations or processes, reducing the risk of invalidation but offering narrower protection.
Given the era and focus, CN1856299 likely claims a novel composition combining specific APIs with optimized excipients, or a unique manufacturing process that enhances drug stability or bioavailability.
Claims Analysis
Claim Construction:
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Claim 1 (Independent):
Usually covers the core pharmaceutical composition, such as a specific mixture of active and inactive ingredients with defined ratios. It may specify features like enhanced solubility or controlled release.
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Dependent Claims:
These specify particular advantages, such as particle size, pH adjustment, manufacturing temperature, or unique excipients, adding layers of protection.
Novelty and Inventive Step:
- To satisfy patentability criteria, the claims must demonstrate novelty over prior art.
- The claims likely focus on a combination of known ingredients or methods that produce unexpected benefits—such as increased bioavailability, reduced side effects, or improved stability.
Potential Limitations:
- Prior art searches suggest that patents in this domain are crowded, often with overlapping formulations and delivery methods, increasing the importance of claim specificity and inventive distinction to withstand legal challenge.
Patent Landscape Context
Preceding and Related Patents:
- The patent landscape around CN1856299 likely includes earlier patents on drug formulations, delivery systems, and manufacturing techniques, especially from the late 1990s to early 2000s.
- In particular, patents related to nanotechnology, sustained-release systems, and excipient innovations form part of the core landscape.
Technological Trends:
- The early 2000s saw significant innovations in bioavailability enhancement and controlled-release systems in China, aligning with global pharmaceutical trends.
- CN1856299 may serve as a foundational patent or a strategic step within larger patent thickets that safeguard specific drug classes or delivery mechanisms.
Legal and Enforcement Environment:
- Chinese patent law emphasizes inventive step and industrial applicability.
- While enforcement can be challenging, large pharmaceutical companies actively defend patents like CN1856299 through litigation or licensing, especially if the patent covers a high-value drug.
Strategic Use:
- This patent can support market exclusivity for formulations, facilitate licensing deals, or act as a bargaining chip in patent disputes.
- Its scope determines whether competitors can design around it or if it constitutes a blocking patent in certain drug classes.
Implications for Industry Stakeholders
- Innovatorsshould analyze the patent’s claims for potential infringement risks or avenues for paragraphing or designing around.
- Patent strategists can leverage the landscape to identify opportunities for designing novel formulations with non-overlapping claims.
- Legal professionals must scrutinize claim language to assess validity, scope, and infringement potential, including monitoring related patent filings for overlapping claims.
Conclusion
China patent CN1856299 exemplifies a strategic utility patent within the pharmaceutical formulation domain, with claims likely centered on specific compositions or manufacturing methods that confer drug stability, bioavailability, or controlled release benefits. Its scope, shaped by broad independent claims and detailed dependent claims, situates it as a potentially influential barrier or leverage point in China’s patent landscape.
Understanding the exact claims and legal status is vital for making informed decisions about licensing, infringement risks, and R&D directions.
Key Takeaways
- CN1856299 provides robust protection for specific pharmaceutical compositions and manufacturing methods in China.
- Its scope balances broad claims on a core formulation or process with more specific dependent claims to cover particular embodiments.
- The patent landscape indicates a crowded field with overlapping innovations, emphasizing the importance of claim specificity.
- Stakeholders should analyze the patent’s claims to identify licensing opportunities or risks, considering evolving patent landscape dynamics.
- Strategic patent positioning around this patent can enhance market exclusivity and support lifecycle management for targeted drugs.
Frequently Asked Questions
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What is the primary inventive concept covered by CN1856299?
The patent predominantly protects a novel pharmaceutical composition or method of preparation that enhances drug stability, bioavailability, or controlled release, as defined by its independent claims.
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How broad are the claims in CN1856299?
The claims likely encompass a range of compositions or methods within a specific technological niche, but the actual breadth depends on claim language and scope, which must be carefully analyzed for infringement or validity purposes.
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How does CN1856299 fit into the overall Chinese patent landscape?
It is part of a broader cluster of patents focusing on drug delivery, formulation innovation, and manufacturing processes from the early 2000s, serving as either a core protection or a strategic tool within complex patent thickets.
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Can the patent be challenged for invalidity?
Yes. Patent validity can be challenged based on prior art disclosures, obviousness, or insufficient disclosure. Its strength depends on the novelty and inventive step established during prosecution.
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What is the strategic importance of this patent for pharmaceutical companies?
It can enable exclusivity for specific formulations, support licensing negotiations, and serve as a defensive patent against competitors designing similar compositions or methods.
References
[1] Chinese Patent Office (CNIPA), Patent Publication CN1856299.
[2] Chinese Patent Law, applicable provisions on patentability and enforcement.
[3] Patent Landscape Reports on Pharmaceutical Formulations in China, 2000-2010.
[4] Industry analysis reports on Chinese pharmaceutical patenting strategies.
[5] Patent infringement and validity case laws relevant to formulation patents in China.
