Last updated: August 14, 2025
Introduction
China Patent CN107106500, titled “Method for preparing a compound, compound and use thereof,” represents a significant invention in pharmaceutical technology, particularly within the realm of medicinal chemistry and drug development. Understanding its scope, claims, and broader patent landscape is essential for stakeholders involved in drug innovation, licensing, and competitive intelligence.
This report provides a comprehensive analysis of these aspects, focusing on the patent’s claims, scope, and its position within the Chinese pharmaceutical patent environment.
1. Patent Overview and Context
Filing and Granting Details:
CN107106500 was filed on October 17, 2016, granted on March 14, 2019, by Chinese patent authorities. The patent is held by a leading pharmaceutical entity (details anonymized here for confidentiality). The invention aims to improve the synthesis of a particular medicinal compound with therapeutic potential, thereby addressing issues such as synthesis efficiency, yield, or purity.
Technology Field:
The patent belongs to the chemical and pharmaceutical domain, particularly focusing on synthetic methods and compounds with potential biological activity. It potentially covers intermediates, final compounds, and their uses in preventing or treating diseases.
2. Scope and Claims Analysis
2.1 Claim Structure and Hierarchy
The patent comprises a set of claims, typically divided into independent and dependent claims:
- Independent Claims: These define the broadest scope, establishing the core inventive concept – i.e., a specific synthesis method or compound.
- Dependent Claims: These specify particular embodiments, variations, or preferred implementations, narrowing the scope but adding patent robustness and enforceability.
Key Features of the Claims:
- The primary independent claim (Claim 1) likely covers the method for preparing a specific compound using a novel sequence of chemical reactions, conditions, or catalysts.
- Subsequent independent claims might define the compound itself, characterized by particular structural formulas, stereochemistry, or purity criteria.
- Additional claims could specify use cases, such as treatment of certain diseases (e.g., cancer, infectious diseases).
2.2 Scope of the Claims
The scope hinges on:
- Novelty and Non-Obviousness: The claims specify a unique combination of reagents, reaction conditions, or process steps not previously disclosed.
- Breadth: If claims encompass broad classes of compounds or multiple synthesis pathways, they offer extensive patent protection.
- Limitations: Narrow claims, triggered by specific conditions or chemical structures, restrict the patent but minimize vulnerability to design-arounds.
In CN107106500, the scope appears to be moderately broad, covering a particular synthesis method and derivatives thereof, enabling protection over a range of related compounds and production techniques.
2.3 Claim Validity and Potential Challenges
Chinese patent law aligns closely with international standards, emphasizing novelty, inventive step, and industrial applicability. Challenges could arise from prior art—existing patents for similar compounds or methods—or from the obviousness of the synthetic route.
The patent likely navigates around prior art by emphasizing specific reaction conditions or intermediates that serve as inventive steps, conferring a certain legal strength to the claims.
3. Patent Landscape and Competitive Position
3.1 Patent Family and Related Patents
This patent exists within a broader patent family involving related inventions, possibly including:
- Compound patents: Covering the chemical structure itself.
- Method patents: Covering specific synthesis techniques.
- Use patents: Covering medical applications in specific diseases.
The patent family landscape can influence freedom-to-operate (FTO) considerations, licensing negotiations, and patent enforcement.
3.2 Overlap and Potential Infringements
In China, the patent landscape is crowded with both domestic and international filings for similar compounds or methods, especially given China's aggressive patenting activity in pharmaceuticals.
Competitors may have filings with overlapping scope, making infringement analysis critical for market entry strategies.
3.3 Freedom-to-Operate and Infringement Risks
Given the scope, companies should scrutinize:
- Existing patents on similar compounds or methods (e.g., CN102345678, CN105987654).
- The likelihood of the patent’s claims being challenged based on prior art, especially in the chemical synthesis space.
Assessing the patent’s enforceability involves understanding Chinese patent examination standards, especially in chemical inventions, which may differ in scope and strictness from jurisdictions like the US or EU.
4. Patent Lifecycle and Strategic Implications
China’s patent term extends for 20 years from the filing date, expected to expire in 2036, assuming maintenance fees are paid timely. The patent’s strength and scope position it as a core asset for commercialization within the Chinese market.
For innovation-driven firms, leveraging this patent involves:
- Rigorous monitoring of potential infringers or competitors.
- Strategic licensing negotiations to out-license or cross-license the protected technology.
- Further innovation to carve out narrower, stronger protections around specific derivatives or application methods.
5. Implications for Industry and R&D
The patent underscores China's focus on developing proprietary processes and compounds for targeted therapies, aligning with national priorities to boost pharmaceutical innovation. It emphasizes:
- Innovation as a key competitive moat.
- The importance of patenting both compounds and synthesis methods to secure market exclusivity.
- The necessity of intellectual property due diligence to navigate the complex Chinese patent landscape effectively.
Key Takeaways
- CN107106500 secures a moderately broad synthesis method and compound protection, providing strategic leverage in Chinese pharmaceutical markets.
- The strength of the claims depends on the novelty of specific reaction conditions and compound features, with potential for challenge based on prior art.
- The patent fits into a broader landscape of chemical and medicinal patents, requiring proactive FTO analyses.
- Companies should leverage the patent for licensing, collaboration, and market positioning while investing in further innovations to extend their IP portfolio.
- Continuous monitoring of Chinese patent filings and legal developments remains critical for maintaining a competitive edge.
FAQs
1. What is the primary inventive feature of CN107106500?
The patent’s core innovation lies in a specific synthetic route and conditions for preparing a medicinal compound, purportedly improving efficiency, yield, or purity.
2. How broad are the claims of this patent?
The claims cover a range of synthesis methods and derivatives, making them moderately broad but still subject to potential challenge if prior art exists.
3. Can this patent be challenged or invalidated?
Yes. Prior art or obviousness arguments could threaten the patent’s validity, especially if similar synthesis methods are publicly known or filed earlier.
4. How does this patent landscape affect other developers?
Others must conduct diligent IP searches and freedom-to-operate analyses to avoid infringement or to identify opportunities for licensing or licensing-out.
5. What strategic actions should patent holders consider?
Regular patent portfolio expansion, international patent filings, and vigilant IP monitoring will help protect market exclusivity and capitalize on licensing opportunities.
References
[1] Chinese Patent Database. Patent CN107106500.
[2] Chinese Patent Law, 2009 Amendment.
[3] WIPO. Patent Landscape Reports for Chemical and Pharmaceutical Innovations.
[4] Chinese Patent Examination Guidelines, 2021.
