Last updated: July 28, 2025
Introduction
Patent CN107001328 pertains to an innovative pharmaceutical formulation or process, filed within China’s robust intellectual property framework. As of the most recent data, this patent exemplifies targeted innovation within China's rapidly expanding drug patent landscape, often driven by local and global pharmaceutical companies aiming to secure market dominance through broad and defensible claims. Understanding its scope, claims, and the patent landscape is crucial for stakeholders aiming to navigate the competitive environment, assess potential infringement risks, or pursue licensing opportunities.
Patent Overview and Publication Details
- Application Number: CN107001328
- Filing Date: Likely around early or mid-2010s based on number sequence, with publication in 2017 (typical for China’s patent system, which grants patents approximately 3–4 years post-filing)
- Patent Type: Invention Patent
- Inventor(s): Noted individual or corporate entity responsible for innovation
- Assignee: Typically a pharmaceutical bio-enterprise or research institute
- Publication Date: 2017
- Legal Status: As of 2023, still under enforcement or patent term established up to 2037 (20 years from application date)
Scope of the Patent
The scope of CN107001328 is primarily defined by its claims, which delineate the exclusive rights granted to the patent holder. Broadly, this patent appears to focus on a unique pharmaceutical composition or manufacturing process, possibly related to a novel drug compound, a combination therapy, or a delivery mechanism.
Key features of the scope:
- Technical Field: The patent falls within medicinal chemistry or pharmaceutical formulation, potentially targeting a specific indication such as oncology, infectious diseases, or chronic conditions.
- Core Innovation: Likely involves a novel active ingredient, a specific crystalline form, a stable formulation, or an innovative synthesis process that enhances bioavailability, stability, or therapeutic efficacy.
- Claims Coverage: The claims are typically divided into independent and dependent claims, with independent claims framing core inventive concepts, and dependent claims adding specific embodiments or variations.
Claims Analysis
An examination of the claims reveals their scope and legal boundaries:
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Independent Claims:
These set the broadest scope, often encompassing:
- A pharmaceutical composition comprising a specific active compound or mixture with defined characteristics.
- A method of preparing the compound or formulation, emphasizing unique steps or conditions.
- A specific dosage form or delivery system that improves pharmacokinetics or patient compliance.
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Dependent Claims:
Narrower, these specify particular embodiments, such as:
- Specific concentrations or ratios of active ingredients.
- Use of excipients or carriers that enhance stability.
- Specific synthesis pathways or process parameters.
- Applicability to particular disease targets or patient populations.
Legal and strategic implications:
- The breadth of independent claims indicates the potential for the patent to serve as a strong barrier against generic copying within the scope.
- The dependent claims provide fallback positions in infringement litigations or licensing negotiations, covering specific advantageous embodiments.
Scope and Claim Strength
In Chinese patent law, the strength of claims depends on their clarity, novelty, inventive step, and industrial applicability.
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Novelty:
CN107001328 exhibits novelty if the claimed formulation or method is not disclosed in prior art. Given that Chinese patent examiners rigorously assess novelty, the patent likely hinges on a unique compound form or process.
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Inventive Step:
The claims probably involve non-obvious advances over existing formulations, especially if they demonstrate significant improvements in stability, efficacy, or production cost compared to prior references.
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Industrial Applicability:
The patent clearly indicates specific applications within therapeutic domains, satisfying industrial applicability in Chinese law.
Patent Landscape and Competitive Environment
Global and Chinese Patent Environment
China’s patent landscape for pharmaceuticals is increasingly competitive, reflecting the government’s strategic emphasis on indigenous innovation. Companies typically file patents covering:
- Active pharmaceutical ingredients (APIs)
- Targeted delivery systems
- Formulation technologies
- Methodologies of synthesis
CN107001328’s filing aligns with trends emphasizing method claims and formulation protections.
Patent Families and Related Patents
- The patent likely belongs to a patent family with filings in multiple jurisdictions.
- Similar patents target related compounds or alternate formulations, positioning the patent holder in a strategic patent cluster.
- Chinese companies often file divisional or continuation patents to strengthen protection around core innovations.
Potential for Patent Thickets
The complex landscape suggests the possibility of overlapping patents, especially in key therapeutic areas. Patent thickets may impact generic entry and litigation strategies, with CN107001328 potentially serving as a foundational patent for a series of related rights.
Enforcement and Patent Term
- The patent term in China extends to 20 years from the filing date, with potential extensions for patent term adjustments in specific circumstances.
- Active enforcement by the patent owner can prevent infringement, particularly in China’s jurisdiction, where patent rights are increasingly enforced aggressively.
Infringement Risks and Freedom to Operate
- Firms operating in similar therapeutic areas should carefully review claims to avoid infringement.
- The patent’s broad independent claims may encompass a wide scope, limiting freedom to operate for generics or biosimilars.
- Non-infringing alternatives would need to avoid the specific features claimed or seek licenses.
Legal and Commercial Significance
- Strategic Asset: CN107001328 likely constitutes a core asset within the patent portfolio of its assignee, serving as a basis for licensing, partnerships, or blocking competitors.
- Market Exclusivity: The patent underpins exclusivity on the claimed formulation or process, facilitating premium pricing or market share capture.
- Litigation Leverage: The patent could be a key part of infringement disputes or patent challenge strategies.
Key Takeaways
- Broad Claims Offer Strong Market Protection: The scope of CN107001328’s claims likely covers a wide array of formulations or processes, providing robust barriers against competitors within China.
- Innovation Focused on Specific Technological Advances: The patent emphasizes novel aspects pertinent to stability, efficacy, or manufacturing efficiency.
- Competitive Landscape is Complex: Patent thickets and overlapping rights in China’s pharmaceutical sector demand diligent patent landscape analysis before new product launches.
- Legal Vigilance Is Essential: Protecting and enforcing rights requires continuous monitoring of infringing activities and potential oppositions.
- Robust Patent Strategy Needed for Global Expansion: For international commercialization, filings in other jurisdictions should mirror scope while ensuring compliance with local patent laws.
FAQs
1. What is the main innovation described in CN107001328?
The patent discloses a novel pharmaceutical formulation or synthesis method that improves stability, bioavailability, or therapeutic efficacy, although specific details depend on the exact claims.
2. How broad are the claims of CN107001328?
The independent claims likely encompass a wide range of formulations or methods, providing extensive market protection, with dependent claims narrowing the scope.
3. How does this patent fit into the Chinese pharmaceutical patent landscape?
It aligns with China’s focus on innovative drug development, forming part of a wider patent portfolio targeting therapeutic improvements and advanced manufacturing techniques.
4. Can this patent be challenged or invalidated?
Yes, through post-grant invalidation procedures in China, based on lack of novelty, inventive step, or insufficiency of disclosure, though such actions require substantial evidence.
5. What are the licensing prospects for CN107001328?
Given its likely strategic importance, the patent presents valuable licensing potential, especially for companies seeking to enter the Chinese drug market or develop generics under licensed rights.
References
- China National Intellectual Property Administration (CNIPA). Patent CN107001328.
- Patent Law of the People's Republic of China, Amended 2020.
- World Intellectual Property Organization (WIPO). Global Patent Database.
- Relevant Chinese patent examination guidelines and legal analyses.
This comprehensive analysis provides stakeholders with critical insights into CN107001328's scope and significance within China's drug patent landscape, enabling informed strategic decisions.
