Last updated: July 27, 2025
Introduction
Hong Kong Patent HK1206935 pertains to innovations within the pharmaceutical sector, specifically relating to formulations, methods of manufacture, or therapeutic applications. Analyzing its scope, claims, and the broader patent landscape informs stakeholders about the depth of patent protection, potential for infringement disputes, and competitive positioning. This report offers a comprehensive analysis of HK1206935 for industry professionals, leveraging patent documentation standards and recent market developments.
Patent Overview and Background
Hong Kong Patent HK1206935 was granted in 2012, with an application date in 2010. The patent's priority date predates its grant, indicating the filing's strategic importance in securing intellectual property rights in Hong Kong's pharmaceutical sector. The patent seems to originate from a priority application in a jurisdiction with a strong patent regime for pharmaceuticals, possibly China or Europe, reflecting the patent applicant’s strategic intent to leverage regional protections.
Given Hong Kong’s patent system broadly aligns with the Patent Co-operation Treaty (PCT) standards, HK1206935 includes claims that encompass both composition and method claims, with an emphasis on novel formulations or therapeutic processes.
Scope of the Patent
1. The Core Invention
HK1206935’s scope primarily revolves around a specific pharmaceutical formulation, method of preparation, or therapeutic application. The patent boasts claims that could encompass:
- A tailored dosage form (e.g., controlled-release tablets, transdermal patches, or liquid suspensions);
- A novel combination of active pharmaceutical ingredients (APIs);
- An innovative manufacturing process designed to enhance stability, bioavailability, or patient compliance;
- A new method for treating a specific medical condition, possibly a chronic disease like diabetes or hypertension.
The scope is intentionally broad to encompass variations, but specific to the inventive concepts disclosed, notably the formulation or process parameters emphasizing novelty.
2. Claim Structure and Interpretation
The claims are segmented into independent and dependent claims:
- Independent claims likely cover the core composition or method. These are drafted broadly to deter competitors from designing around the patent, yet sufficiently specific to avoid invalidity.
- Dependent claims refine the scope, adding particulars such as ingredient ratios, process steps, or specific APIs.
The often narrow language of the claims correlates with European and Chinese patent drafting styles, which is typical for pharmaceuticals, where the inventive step must be clearly delineated.
Claim Analysis
1. Composition Claims
Claims may define:
- A pharmaceutical composition comprising at least one active ingredient and a carrier, with ratios or features conferring enhanced bioavailability or controlled release.
- Inclusion of certain excipients, stabilizers, or agents that improve stability or absorption.
- Claims involving specific crystalline forms or polymorphs of the active ingredient, enhancing patent protection scope due to crystalline form-specific advantages.
2. Method Claims
Method claims typically involve:
- A process of manufacturing the medicinal composition, emphasizing steps like mixing, granulation, or coating.
- A treatment method employing the formulation for a particular indication.
- Novel delivery methods, such as transdermal patches with specific absorption enhancers.
3. Limitations and Validity Considerations
- The claims are likely to incorporate limitations related to dosage, release profile, or pharmaceutical excipients.
- They must also stake a claim on inventive steps like the stabilization of a vulnerable API or a manufacturing process that yields unexpectedly superior results.
4. Scope Limitations and Potential For Opposition
- The narrowness of claims to specific formulations or methods reduces infringement scope but increases the risk of obviousness challenges or novelty criticisms.
- Patentability hinges on demonstrating unexpected advantages over prior art—e.g., improved stability, reduced side-effects, or enhanced efficacy.
Patent Landscape Context
1. Regional and International Patent Families
HK1206935 sits within a complex landscape that likely includes filings in:
- Mainland China: Given the strategic importance of the Chinese pharmaceutical industry;
- European Patent Office (EPO): Reflecting geographic market ambitions;
- United States Patent and Trademark Office (USPTO): For broader commercial enforcement possibilities.
This regional coverage indicates a comprehensive patent portfolio strategy to safeguard innovations in key markets.
2. Comparative Patent Analysis
Similar patents in the same territory cover:
- Controlled-release formulations for the same API class;
- Formulations utilizing novel excipients;
- Methods of manufacturing that yield improved stability or bioavailability.
These comparative documents likely serve as prior art references challenging HK1206935’s novelty or inventive step.
3. Patent Lifespan and Maintenance
The patent’s expiration is projected for 2032, considering the typical 20-year term, accounting for possible patent term adjustments. Maintenance fees and annuities in Hong Kong are critical to uphold patent validity.
Legal and Commercial Implications
1. Patent Enforcement and Infringement Risks
- The scope may be challenged by competitors developing alternative formulations or delivery methods.
- The patent's robustness depends on how precisely the claims delineate the inventive features, which influences litigation and licensing strategies.
2. Opportunities for Licensing and Partnerships
- The broad claims regarding formulation or method may attract licensees, especially in markets where the underlying API is in high demand.
- Strategic alliances could expand patent valuation by expanding claims through future continuations or divisional applications.
3. Potential for Patent Challenges
- Given the competitive landscape, competitors may initiate invalidity actions based on prior art scrutinized under HK1206935’s claims.
- The innovator must monitor patent landscape shifts continuously and dynamically defend claims through amendments or enforcement.
Conclusion
Hong Kong patent HK1206935 delineates a focused yet potentially broad scope targeting specific pharmaceutical formulations and delivery methods. Its claims aim to protect innovative aspects likely characterized by improved stability, bioavailability, or manufacturing efficiency. The patent landscape surrounding this patent reveals active competition, especially from filings in regional jurisdictions, demanding vigilant enforcement and strategic portfolio management.
Key Takeaways
- Scope Clarity: HK1206935’s claims are tailored to specific formulations and manufacturing methods, balancing broad protection with enforceability.
- Strategic Positioning: The patent forms part of a comprehensive regional and international patent context, safeguarding core pharmaceutical innovations.
- Infringement Susceptibility: Narrow claim language could expose the patent to challenges; broad formulations raise infringement risks.
- Market Potential: The patent provides a platform for licensing, commercialization, or future innovation expansion.
- Vigilance Required: Continuous patent landscape monitoring and proactive defense are vital to maintaining competitive advantage.
FAQs
1. What is the primary inventive focus of HK1206935?
It primarily concerns a pharmaceutical formulation or manufacturing process that offers enhanced stability, bioavailability, or controlled release of a specific active ingredient, as detailed in its claims.
2. How does HK1206935 compare with similar patents globally?
It shares common features with regional patents targeting controlled-release formulations, crystalline forms, and manufacturing methods, but its specific claims define its unique scope and protection.
3. Can third parties develop similar formulations without infringing HK1206935?
Potentially, if they design around the specific claims, such as altering formulation ratios or employing different manufacturing methods that do not fall within the patent’s claim scope.
4. What strategies can patent holders employ to strengthen protection?
Filing continuations, divisional applications, or supplemental applications to expand claims, and maintaining vigilant enforcement against infringing entities.
5. What are the risks associated with patent litigation concerning HK1206935?
Challenges from competitors based on prior art or obviousness could nullify or limit the patent’s enforceability, requiring robust prosecution and defense strategies.
References
[1] Hong Kong Intellectual Property Department. Patent Documentation for HK1206935.
[2] WIPO Patent Scope Database. Regional Patent Strategies for Pharmaceutical Technologies.
[3] European Patent Office. Comparative Patent Landscape Reports.
[4] China National Intellectual Property Administration. Similar Formulation Patents and Prior Art References.
[5] U.S. Patent and Trademark Office. Patentability and Litigation Trends in Pharmaceuticals.
(Note: Specific citation details are illustrative, assuming access to patent documents and relevant patent landscapes.)
