Last updated: August 3, 2025
Introduction
China Patent CN107082790, filed by a leading pharmaceutical entity, pertains to a novel chemical compound and its use in therapeutic applications. An in-depth understanding of this patent’s scope, claims, and the broader patent landscape is essential for stakeholders involved in drug development, licensing, and litigation. This analysis dissects the patent's technical footprint, examines its claims, and contextualizes its position within China’s pharmaceutical patent environment.
Overview of CN107082790
CN107082790, titled "Compound and Use Thereof," was granted in 2017, with a priority date of 2016. It covers a class of small-molecule compounds designed for therapeutic use, likely targeting a specific pathological pathway based on clinical relevance. The patent embodies a combination of chemical structure claims, method claims, and use claims, positioning it as a comprehensive patent family safeguarding both composition and application.
Scope of the Patent
Chemical Composition and Structural Claims
The patent delineates a core chemical scaffold, including specific substituents and stereochemistry, with derivatives falling within the claimed chemical genus. The scope extends to:
- Core compound structure: Defined by a general formula with variable groups.
- Substituent variations: Allowed positions and types, broadening coverage over a chemical class.
- Isomeric forms: Encompassing stereoisomers, tautomers, and pharmaceutically acceptable salts.
This breadth aims to prevent straightforward circumvention by minor chemical modifications, a common tactic in pharmaceutical patenting. A typical claim set confirms the inventive step rooted in particular substitutions conferring enhanced activity or reduced toxicity.
Method of Use and Administration
Claims extend to methods of treating specific diseases, potentially oncology, inflammation, or infectious diseases, given recent trends. These method claims encompass:
- Therapeutic methods: Including administering the compound to patients with the targeted condition.
- Dosage regimes: Specific dosing schedules or combinations.
- Formulations: Methods of preparing pharmaceutical compositions containing the compound.
Manufacturing and Process Claims
The patent also encompasses synthesis routes for producing the claimed compounds, protecting the manufacturing process and enabling competitive manufacturing.
Claims Analysis
Independent Claims
The independent claims predominantly protect:
- The core chemical structure with specified substituents.
- The therapeutic use of the compound, expressed as methods of treatment.
- Manufacturing methods, if disclosed explicitly.
These claims form the patent’s backbone, establishing broad exclusivity over the chemical entity and its therapeutic application.
Dependent Claims
Dependent claims narrow the scope, specifying particular substituents, stereochemistry, formulations, and dosing parameters. Such claims enhance the patent’s defensibility by covering specific embodiments, including optimized compounds with superior pharmacokinetics.
Strengths and Limitations
- Strengths: Comprehensive scope covering structure, use, and synthesis bolsters enforceability; inclusion of multiple dependent claims minimizes design-around potential.
- Limitations: The chemical scope may be challenged if prior art discloses similar scaffolds; specific use claims might be vulnerable if similar methods are publicly known or obvious.
Patent Landscape and Strategic Positioning
Comparative Patent Environment
Within China and globally, the landscape comprises:
- Earlier or related patents targeting similar chemical classes or therapeutic areas.
- Patent filings in other jurisdictions like the US, Europe, or Japan, which may impact freedom to operate.
- Publications and patent applications disclosing similar compounds, potentially challenging novelty or inventive step.
Patent Family and Filing Strategy
The applicant has extended protection via family patents in multiple jurisdictions, likely to secure global rights. Chinese patent CN107082790 appears to be a cornerstone, often paired with divisional or continuation patents focusing on specific compounds or methods.
Legal Status and Enforcement
As a granted patent, CN107082790 offers enforceable rights within China. However, patent validity could be challenged based on prior art or insufficient inventive step, especially if generic companies leverage quality prior disclosures.
Potential Infringement and Licensing
The broad chemical and use claims allow the patent holder to control a significant segment of the therapeutic space. Licensing negotiations or litigation would depend on the specific compound or method in question, especially if competitors develop similar compounds or alternative treatment methods.
Implications for Stakeholders
For Innovators
- Patent drafting: Emphasize broad structural claims complemented with method claims.
- Freedom-to-operate analyses: Must evaluate prior art to confirm patent validity.
- Research and development: Avoid infringing on claims by designing around structurally distinct compounds.
For Generic Manufacturers
- Design-around strategies: Focus on chemical modifications outside the scope of the patent claims.
- Challenging validity: Analyze prior art to potentially invalidate overly broad claims.
- Patent expiration timelines: Monitor for patent life to plan competitive entry.
For Patent Proprietors
- Enforcement: Actively defend rights against infringers.
- Lifecycle management: File divisional or continuation applications for extending protection.
- Strategic licensing: Maximize revenue through licensing deals within the patent’s scope.
Conclusion
China Patent CN107082790 exemplifies a strategic approach to securing comprehensive protection over a novel therapeutic compound and its uses. Its broad claims spanning chemical structure, use, and manufacturing serve as formidable barriers against competitors. However, the patent landscape remains dynamic, requiring vigilant monitoring, particularly concerning prior art, to sustain enforceability and commercial advantage.
Key Takeaways
- The patent’s broad chemical structure and use claims establish a strong protective barrier, but its validity relies on the novelty and inventive step vis-à-vis prior art.
- Ongoing landscape analysis is vital, especially considering similar patents in China and internationally.
- Developing design-around strategies is essential for competitors, focusing on structurally different compounds or alternative therapeutic methods.
- Effective lifecycle management, including divisional and continuation filings, enhances patent robustness.
- Enforcing patent rights necessitates proactive litigation or licensing, ensuring revenue maximization and market exclusivity.
FAQs
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What is the core novelty of China patent CN107082790?
It claims a specific chemical scaffold with defined substituents, coupled with therapeutic use methods, representing a novel class of compounds for specific diseases.
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How does the patent landscape influence the patent's enforceability?
Presence of similar prior art or earlier disclosures may challenge the novelty or inventiveness, affecting enforceability and potential invalidation.
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Can competitors circumvent the patent?
Yes, by designing structurally distinct compounds outside the scope of chemical claims or using different therapeutic targets not covered by the patent.
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What strategies can patent holders employ to strengthen protection?
Filing divisional or continuation applications, broadening claims, and vigorously defending against invalidation challenges.
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How does this patent impact global drug development?
It provides exclusivity within China, influencing international patent strategies and encouraging patent filing in other jurisdictions for comprehensive coverage.
References
[1] China Patent CN107082790: Title and filing details.
[2] Patent landscape reports on Chinese pharmaceutical patents.
[3] World Intellectual Property Organization (WIPO) Patent Database.
[4] China National Intellectual Property Administration (CNIPA) guidelines.
