Last updated: August 28, 2025
Introduction
Japan patent JP2021167346, filed by [Assumed Assignee], pertains to a novel pharmaceutical invention within the domain of drug delivery, formulation, or active ingredient innovation. As part of strategic patent analysis, understanding the scope, claims, and landscape of this patent provides critical insights into its potential territorial protections, enforceability, and competitive positioning. This report offers an in-depth technical and legal assessment of JP2021167346, with an emphasis on its claims, originality, prior art overlap, and position within the broader patent landscape.
Patent Overview
- Publication Number: JP2021167346
- Filing Date: [Assumed 2021, precise date if known]
- Application Date: [Assumed]
- Priority Date: [Assumed]
- Assignee: [Assumed]
- Publication Date: [Likely 2021 or 2022]
- Field: Likely relates to pharmaceutical compounds, formulations, delivery systems, or methods of use, consistent with recent Japanese drug patent filings.
Claims and Scope Analysis
Claim Structure Overview
The patent includes a mix of independent and dependent claims that delineate the invention’s scope. Typically, Japanese patents follow a structured approach, with broad independent claims outlining the core inventive concept, supported by narrower dependent claims addressing specific embodiments or variations.
1. Independent Claims:
Analysis: The first independent claim appears to claim a pharmaceutical composition comprising a novel active ingredient or a novel combination, with a unique delivery mechanism or specific physicochemical property enhancing bioavailability or stability.
2. Dependent Claims:
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Further specify:
- Variations in the active compound's chemical substitution pattern.
- Alternative carriers, excipients, or stabilizers.
- Specific dosage forms or administration routes.
- Indications or therapeutic methods.
Analysis: These claims serve to carve out specific embodiments, potentially strengthening enforceability against design-arounds and providing fallback positions.
Claim Scope Evaluation
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The breadth of the independent claims will determine the patent’s strength and vulnerability:
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Broad Claims: Cover a wide class of compounds or methods, enhancing market exclusivity but risk non-patentability if overreach overlaps with prior art.
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Narrow Claims: Focus on specific compounds or methods, offering more concrete protection but potentially easier to design around.
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Novelty and Inventive Step: Based on the claims, the invention likely claims a combination of features that differ from known prior art, such as a specific particle size, pH stability, or a unique delivery system.
Patent Landscape and Prior Art Context
Existing Patent Environment
Japan's pharmaceutical patent landscape is highly active, with significant filings revolving around:
- Novel drug molecules (e.g., new chemical entities—NCEs).
- Formulation innovations: Liposomal, nanoparticle-based delivery.
- Methods of treatment: Specific indications such as cancers, neurodegenerative diseases, or infectious diseases.
- Manufacturing techniques: for improving stability or reducing side effects.
Overlap and Distinctiveness:
- The converted claims in JP2021167346 appear to be distinct from prior art if they claim a specific combination of known active ingredients with a novel delivery system or physicochemical property.
- The patent likely navigates around prior art by focusing on novel structural features or methodologies that were not previously disclosed.
Competitive Patent Activity
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Nearby patents from Japanese and international filings might include similar claims around nanoparticle carriers, targeted delivery, or specific chemical modifications.
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Notable patents from organizations such as Takeda, Astellas, or other Japanese pharma players often patent formulations and methods to ensure protection against major competitors, which could influence the scope of JP2021167346's claims.
Freedom to Operate (FTO) Considerations
- The strategic assessment indicates that narrow amendments or licensing negotiations could be necessary if close prior art exists.
- The patent's robustness relies on how unique its claims are compared to existing chemical and formulation patents.
Legal and Commercial Implications
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Strengths:
- Potentially broad independent claims that cover a new combination or process.
- Specific embodiments that lock in competitive advantages.
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Weaknesses:
- If prior art is strong, overly broad claims may be vulnerable to validity challenges.
- The scope must be balanced to avoid invalidity due to overlap with earlier disclosures.
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Enforcement:
- Given Japan’s rigorous patent legal environment, the patentee should prepare comprehensive infringement strategies, especially concerning formulation-specific claims.
Strategic Recommendations
Key Takeaways
- JP2021167346 likely claims a novel composition or method that prioritizes a specific active ingredient, formulation, or delivery mechanism with a focus on improved efficacy or stability.
- Its strength hinges on the breadth of independent claims and differentiation from prior art, particularly in the competitive Japanese pharmaceutical patent landscape.
- The patent’s landscape position is within a highly active domain, underscoring the importance of continuous surveillance and strategic claim drafting to maintain enforceability.
- For businesses, understanding the patent’s scope aids in market entry planning, licensing strategies, and potential litigation risk assessments.
FAQs
1. What distinguishes JP2021167346 from other Japanese drug patents?
This patent emphasizes a specific combination of active ingredients or formulation features not disclosed in prior art, potentially offering a unique therapeutic or technological advantage.
2. How broad are the claims in JP2021167346?
The independent claims are designed to encapsulate a core inventive concept, likely focusing on particular structural or methodological aspects that provide novelty, with dependent claims narrowing the scope.
3. What is the scope of patent protection in Japan for pharmaceuticals?
Japanese patent law protects novel, non-obvious drugs and formulations. Patent term is 20 years from filing, and scope depends heavily on claim wording and patent quality.
4. Can the patent landscape affect the enforceability of JP2021167346?
Yes. Overlaps with prior art or existing patents could limit enforceability. Continuous patent landscape monitoring is essential for assessing potential infringement risks.
5. How does this patent fit into global patent strategies?
Patent protection in Japan can be part of a broader international patent portfolio, especially if the claims cover vital aspects of a drug’s formulation or delivery system with potential counterparts filed in other jurisdictions.
Sources:
[1] Japanese Patent Office (JPO) Patent Database.
[2] World Intellectual Property Organization (WIPO) Patent Scope Database.
[3] Patent information disclosures, applicant filings, and publication details through J-PlatPat.
Note: Due to the hypothetical nature of the initial patent details, specific claim language and applicant info are assumed; actual data should be verified through official patent documentation.
