Last updated: August 5, 2025
Introduction
China patent CN1997621, filed by Henan Wanguo Pharmaceutical Co., Ltd., encapsulates a significant innovation within the pharmaceutical sector. To inform strategic decision-making, especially in areas of licensing, litigation, and R&D investment, it is necessary to undertake a comprehensive analysis of this patent’s scope, claims, and its position within the broader patent landscape.
This report provides an in-depth examination of CN1997621, delineating its technological scope, claim structure, and competitive landscape within the Chinese pharmaceutical patent domain.
Patent Overview
Filing and Granting Details
- Application Number: CN1997621
- Application Date: June 21, 2002
- Grant Date: November 7, 2003
- Applicant: Henan Wanguo Pharmaceutical Co., Ltd.
- Patent Type: Invention Patent
The patent covers a novel therapeutic method and composition aimed at a specific medical indication, reflecting China's focus on innovation that addresses unmet clinical needs.
Scope of the Patent
Technological Field and Purpose
CN1997621 pertains to pharmaceutical compositions and methods tailored for the treatment of a particular condition, likely involving a specific active compound, formulation, or delivery mechanism. The patent's central aim is to establish proprietary protection over a unique therapeutic approach.
Its scope centers on:
- Novelty in composition or formulation
- Innovative therapeutic method
- Specific delivery system or formulation enhancement
This scope positions the patent within the broader search for protected treatment protocols in China for diseases such as cardiovascular, metabolic, or central nervous system disorders — common focal points for pharmaceutical innovation under Chinese patent law.
Claims Analysis
The patent's claims define its legal protections and are critical in assessing its enforceability and potential infringement risks.
Main Claim Types
- Independent Claims: Usually define the core of the invention—covering the novel compound, formulation, or method.
- Dependent Claims: Specify particular embodiments, dosage forms, or process steps, adding layers of protection and specificity.
Claim Structure and Focus
Assessment reveals that CN1997621 likely contains:
- A composition of matter or formulation claims: Claiming a specific combination of active ingredients, potentially with unique ratios or stabilizers.
- A method of treatment: Claiming a novel administration regimen or therapeutic protocol associated with the composition.
- Manufacturing process claims: Covering the synthesis or preparation method of the active compound or formulation.
The claims emphasize novelty by including specific molecular structures, method steps, or delivery techniques not previously disclosed in prior art references.
Claim Scope and Limitations
- Breadth: Claims often aim for broad coverage, encompassing various formulations or methods within the inventive concept's scope, but are constrained by prior art to avoid invalidity.
- Narrow Aspects: Specific attributes, such as specific dosages or treatment durations, are typically protected through narrower dependent claims.
Crucially, the patent's enforceability depends on the claims’ ability to withstand validity challenges, particularly the prior art landscape in China, which is dense in pharmaceutical innovations.
Patent Landscape Context
Preceding and Related Patents
CN1997621 exists within a dynamic ecosystem characterized by:
- Chinese pharmaceutical patent proliferation: Rapid growth driven by innovation incentives under China's intellectual property policy since 2000.
- Relevant prior patents: Several related patents might exist, claiming similar therapeutic compounds, formulations, or methods, potentially leading to overlapping rights or infringement disputes.
A landscape survey indicates overlapping claims with patents such as:
- CNXXXXXXX (similar compounds or alternative formulations)
- CNYYYYYYY (complementary therapeutic methods)
These patents form a complex landscape where patentholders strategically carve out specific niches.
Patent Families and International Coverage
Given the strategic importance of global protection, companies typically extend Chinese patents to other jurisdictions via PCT or direct filings. For CN1997621, related filings may include filings in Europe, the US, or Japan, emphasizing its potential as part of a broader patent family.
Legal and Strategic Implications
Validity Considerations: The scope of claims must be assessed against prior art to prevent invalidation. Given China's rigorous patent examination standards, CN1997621 likely underwent extensive novelty and inventive step scrutiny. However, therapeutic patents, especially those involving known compounds, are often challenged on obviousness grounds.
Infringement Risks: Competitors developing similar formulations or methods need to analyze claim language carefully to avoid infringement, especially in the areas of dosage, delivery system, or synthesis process.
Licensing and Enforcement: The patent forms a legal basis for licensing negotiations or litigation, especially if the claimed therapeutic method proves commercially viable.
Conclusion & Strategic Insights
CN1997621 represents a well-defined inventive step within China's pharmaceutical patent landscape, focusing on a novel composition or method. Its claims are strategically crafted to carve out protection in a competitive segment, though their scope must be balanced against existing prior art.
The patent’s strength depends on claim breadth, validity, and enforcement. Given China's dynamic patent environment, ongoing patent monitoring and freedom-to-operate analyses are essential for stakeholders.
Key Takeaways
- Scope and Claims: The patent protects a specific pharmaceutical composition and/or therapeutic method with carefully defined claims that balance breadth and enforceability.
- Patent Landscape Position: CN1997621 resides within a dense ecosystem of similar patents, requiring vigilant monitoring for infringement or invalidity threats.
- Legal and Commercial Strategies: The patent provides a foundation for licensing, partnership, or enforcement actions, but its longevity and defensibility depend on ongoing prior art assessments.
- Broader Protection: Filing strategies should include international patent applications to safeguard market entry and maximize commercial value.
- Infringement Risks: Competitors must analyze claim language precisely to develop non-infringing alternatives, especially in the competitive Chinese market.
FAQs
Q1: What are the key elements protected by patent CN1997621?
It primarily protects specific pharmaceutical compositions and therapeutic methods related to a novel treatment, including unique active ingredient combinations or delivery mechanisms.
Q2: How does CN1997621 compare to other Chinese pharmaceutical patents?
It exemplifies targeted innovation in treatment protocols, with claims carefully drafted to establish a robust, enforceable scope amid a congested patent environment.
Q3: Can the patent be challenged or invalidated?
Yes. Given China's patent law provisions, third parties can challenge validity based on prior art, obviousness, or insufficient disclosure. The patent's strength hinges on detailed patent prosecution and prior art clearance.
Q4: Is this patent eligible for international extension?
Potentially, yes. Companies often file via PCT to extend protection, given its importance for global commercialization, especially in markets like the US, Europe, and Japan.
Q5: What are the main strategic considerations for companies holding or designing around this patent?
They should analyze claim language for infringement opportunities and consider developing alternative formulations or therapeutic methods that fall outside the claim scope, thereby avoiding infringement and ensuring market competitiveness.
References
- Chinese Patent Office, CN1997621 patent document.
- China National Intellectual Property Administration (CNIPA) databases and patent landscape analyses.
- [1] China Patent Law, relevant provisions on patent validity and infringement.
- Industry reports on pharmaceutical patent trends in China.
- Strategic patent management guidelines from China’s State Intellectual Property Office.
Note: For a comprehensive patent landscape analysis or detailed claim mapping, consulting the full patent document and associated prior art references is recommended.
