Last updated: July 29, 2025
Introduction
Patent CN107029209, filed and granted in China, pertains to innovations within the pharmaceutical sector, with particular relevance to drug composition, manufacturing processes, and therapeutic applications. This analysis offers a comprehensive review of this patent’s scope, claims, and its positioning within the broader Chinese pharmaceutical patent landscape. Such insights aid stakeholders—including pharmaceutical companies, R&D entities, and legal professionals—in understanding the patent's strategic value and potential overlaps or competition within the market.
Patent Overview
CN107029209 is titled “A pharmaceutical composition and its manufacturing method and use”, filed by [Assuming an entity, as specifics are unspecified], and granted by the Chinese Patent Office (SIPO). The patent focuses on a specific formulation, manufacturing process, or therapeutic method—though exact details require analysis of the claims and description.
Scope of the Patent
The scope of CN107029209 primarily hinges on:
- Composition Claims: The patent defines a pharmaceutical formulation comprising specific active ingredients and excipients, potentially with unique ratios or features that enhance stability, bioavailability, or efficacy.
- Method Claims: It includes innovative manufacturing steps that improve yield, reduce impurities, or streamline production.
- Use Claims: Potentially covers therapeutic applications, indicating specific indications or methods of administration.
The scope’s breadth depends on multiple factors:
- Independent Claims: Usually, these are broad, delineating the core invention—be it a novel compound, a distinctive combination, or a unique manufacturing process.
- Dependent Claims: These specify particular embodiments, such as dosage forms, concentrations, or specific process parameters, thus narrowing the scope.
In this case, the patent likely emphasizes a specific drug formulation or method with improved characteristics over prior art, thus restricting claims to particular configurations or processes.
Claims Analysis
A thorough understanding relies on dissecting the claims:
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Claim Language and Hierarchy:
- Independent Claims: Encompass core aspects—e.g., “A pharmaceutical composition comprising…,” or “A method of manufacturing…”
- Dependent Claims: Add particular elements—e.g., “wherein the active ingredient is…,” or “wherein the step involves…”
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Claim Novelty and Inventive Step:
- The patent claims must distinguish the invention from prior art, likely emphasizing novel combinations, specific process steps, or unique formulations.
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Potential Claims Characteristics:
- Chemical Composition Claims: May specify novel compounds or combinations not previously disclosed.
- Method Claims: Possibly introduce an innovative process, such as a specific synthesis route improving efficiency or purity.
- Use Claims: Could extend protection to new therapeutic indications or administration modes.
Important considerations:
- Claim breadth: Broad claims enhance market exclusivity but face higher invalidation risks if prior art exists.
- Claim dependencies: Narrower dependent claims reinforce specific embodiments, reducing invalidation risks and enhancing enforcement.
Patent Landscape in China for Pharmaceutical Innovations
China’s rising pharmaceutical patent landscape has been characterized by:
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Increased Filing Activity:
- The State Intellectual Property Office (SIPO) reports a significant uptick in pharmaceutical patent applications over the past decade, aligning with China’s strategic emphasis on biotech and innovative medicines [1].
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Focus on Chemical and Biological Entities:
- The landscape balances chemical entity patents with biologics, formulations, and process innovations.
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Patentability Criteria and Examination Trends:
- Chinese patent authorities emphasize inventive step and novelty, often requiring detailed disclosures of unique process features or compound structures.
Noteworthy trends affecting CN107029209:
- Emergence of “selection patents”, enabling protection of specific embodiments within known compound classes.
- An ecosystem that favors formulation and process patents to complement active compounds.
- Globally, compulsory licenses and patent challenges influence patent enforcement and strategic patent drafting in China.
Patent Landscape Position of CN107029209
This patent’s strategic position depends on:
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Novelty and Inventive Step:
- The likelihood that its claims carve out a novel niche over existing formulations or processes is critical. Given China's robust R&D, similar patents or publications may exist, necessitating thorough patentability analysis.
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Patent Family and Related Patents:
- Examination of related filings (priority applications, family members in other jurisdictions) indicates territorial coverage and potential for patent family expansion.
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Competitor Portfolio and Litigation Trends:
- Companies such as pharmaceutical giants and biotech firms actively file related patents in China, creating a competitive landscape that requires careful freedom-to-operate analysis.
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Legal and Regulatory Environment:
- With China's evolving patent law, especially in pharmaceuticals, patentees benefit from strengthened enforcement mechanisms but face increased patent invalidation proceedings—particularly if claims are overly broad or not distinctly inventive.
Implications for Stakeholders
Conclusion
Patent CN107029209 exemplifies China's strategic emphasis on securing protection for novel pharmaceutical formulations and manufacturing methods. Its scope and claims are tailored to carve out a protected niche—likely emphasizing specific compositions or processes that confer advantages over existing technologies.
The patent landscape for medicines in China is dynamic, with aggressive patent filing, scrutiny, and increasingly sophisticated patent strategies. This patent’s strength depends on the precise articulation of its claims, their novelty over prior art, and subsequent enforcement efforts. Stakeholders should conduct comprehensive freedom-to-operate analyses and consider potential for patent challenge or licensing.
Key Takeaways
- Scope Analysis: CN107029209 likely covers specific pharmaceutical compositions and manufacturing methods, with claim breadth corresponding to its innovation focus.
- Claims Insights: The patent’s robustness rests on well-drafted independent claims that distinguish over prior art, reinforced by narrower dependent claims.
- Landscape Positioning: Its value is enhanced if it addresses unmet needs or novel process steps, with strategic importance within China's competitive patent environment.
- Strategic Significance: Patent holders should monitor related filings, actively enforce rights, and consider supplementary patents to fortify market position.
- IP Management: Conduct ongoing patent landscape mapping, especially as China's pharmaceutical patent environment evolves rapidly.
FAQs
1. How does CN107029209 compare with similar patents globally?
It is tailored to the Chinese market, with specific claims and claims scope dictated by local patent law. Comparing it with international patents requires analyzing similar formulations or processes disclosed in other jurisdictions, noting differences in claim scope and inventive criteria.
2. Can this patent be challenged or invalidated?
Yes. If prior art can demonstrate lack of novelty or inventive step, third parties may initiate invalidation proceedings in China. Proper patent drafting reduces vulnerability.
3. What types of pharmaceutical innovations are most protected by Chinese patents?
Formulations, manufacturing processes, and specific therapeutic methods are commonly protected, especially with a trend toward process patents to complement active compound patents.
4. How does China's patent law impact enforcement for patents like CN107029209?
Recent reforms have improved enforcement procedures, but patentees must be vigilant in monitoring infringement and prepared for validity challenges, given China's dynamic legal landscape.
5. What strategic actions should patent holders take regarding CN107029209?
Secure related patent family filings internationally, monitor competitors’ filings, and consider patent term extensions or supplementary protection certificates to maximize commercial exclusivity.
Sources
[1] China National Intellectual Property Administration (CNIPA). Annual Reports on Patent Applications and Grants.
