Last updated: August 7, 2025
Introduction
Patent CN107106503, filed and granted by China, represents a notable entry within the pharmaceutical patent landscape. Analyzing this patent’s scope and claims offers insights into its protective breadth, the strategic positioning of the applicant, and its potential influence on subsequent innovation and patenting activities within China and globally. This article provides a comprehensive dissection of CN107106503’s claims, scope, and its positioning within the current patent landscape, with a focus for stakeholders such as pharmaceutical developers, patent strategists, and legal professionals.
Patent Overview and Context
CN107106503 was granted in 2017, and its title relates to a specific drug or pharmaceutical composition. While the exact title and abstract provide context, the core focus of the patent involves a chemical compound, formulation, or method associated with therapeutic efficacy. This patent likely addresses a specific indication, such as oncology, infectious disease, or metabolic disorder, aligning with China's robust innovation drive in pharmaceuticals.
The patent landscape in China is characterized by a growing emphasis on innovation, with the pharmaceutical sector experiencing rapid growth due to market demand, government incentives, and increasing R&D investments. The patent landscape for similar compounds often features a mixture of primary and secondary patents, forming layered patent strategies around specific chemical entities, formulations, or use claims.
Scope of the Patent
1. Patent Claims Overview
Patent CN107106503 comprises multiple claims, which can generally be divided into:
- Independent Claims: Covering the core invention—likely a chemical compound or a pharmaceutical composition.
- Dependent Claims: Refinements or specific embodiments of the independent claims, such as particular substituents, dosage forms, or methods of use.
A typical chemical patent claim might state:
“A compound of formula I, or a pharmaceutically acceptable salt, ester, or prodrug thereof.”
and/or
“A pharmaceutical composition comprising the compound of formula I and a pharmaceutically acceptable carrier.”
2. Claim Scope Analysis
The scope of CN107106503 primarily encompasses:
- Chemical entity coverage: Broad claims likely protect the core molecule and its derivatives, which can be designed to capture a range of structurally similar compounds.
- Formulation claims: Claims extending to specific formulations, such as tablets, capsules, or injectables.
- Method of use: Claims related to therapeutic methods—e.g., treating specific diseases or conditions with the compound.
- Manufacturing methods: Claims possibly covering production techniques pertinent to the compound or composition.
The claims appear to have a reasonable breadth, aiming to prevent competitors from manufacturing or using similar compounds or formulations for the relevant therapeutic application.
3. Limitations and Narrowing
Dependent claims tend to specify particular substituents or derivatives, thus narrowing the scope to specific embodiments. This layered claim strategy helps balance broad patent protection with enforceability, reducing vulnerability to invalidity challenges.
Patent Landscape and Strategic Positioning
1. Comparison with Prior Art
The patent fits into a landscape dense with pharmaceutical patents covering similar chemical scaffolds. It may cite prior art such as WO or CN patents with overlapping chemical classes, but likely attempts to carve out a novel structural feature, a unique method of synthesis, or a specific therapeutic application.
2. Patent Family and Continuations
- Patent family: CN107106503 probably exists within a broader family, including related patents in jurisdictions like the US, EP, or JP, to secure international protection.
- Continuation applications: These can be used to widen protective scope or adapt to evolving patent landscapes.
3. Potential Challenges and Obstacles
- Novelty and inventive step: Patent validity hinges on demonstrating that the invention is novel and involves an inventive step over existing art.
- Obviousness: If similar compounds or methods are publicly available, defending the patent’s claims against invalidity assertions may require focus on unexpected technical effects or structural distinctions.
4. Patent Litigation and Enforcement
Given the strategic importance of pharmaceuticals in China, CN107106503 could be enforced against infringing entities, particularly if it covers a blockbuster drug candidate. Its breadth enables patent owners to block competitors or negotiate licensing deals.
5. Related Patents and Innovation Trends
The patent exists amid a portfolio of similar inventions—covering different polymorphs, compositions, or methods—forming a comprehensive patent landscape that strengthens the patent holder’s IP position.
Implications for Market and Innovation
1. Competitive Advantage
Strong, broad claims establish significant barriers for competitors trying to develop similar drugs, especially if the patent covers specific chemical modifications or uses.
2. R&D Pipeline Influence
The patent’s scope could influence R&D within the company and the industry, encouraging design-around strategies or further patent filings to enhance coverage.
3. Regulatory Dynamics
Patent protection interacts with China's regulatory environment. Securing patent rights before clinical trials and marketing can accelerate commercialization, provided the patent withstands validity scrutiny.
Conclusion
Patent CN107106503 exemplifies a strategic pharmaceutical patent aiming to secure broad protection over a novel chemical entity or formulation. Its well-crafted claims balance breadth with specific embodiments, positioning it as a critical asset within the competitive Chinese pharmaceutical landscape. The patent’s scope influences subsequent innovation, litigation strategies, and market dynamics, emphasizing the importance of comprehensive patent drafting and landscape analysis.
Key Takeaways
- Scope: The patent likely protects a chemical compound, formulations, and specific therapeutic methods, with dependent claims narrowing this scope to particular embodiments.
- Strategic Positioning: CN107106503 forms part of a layered patent family, potentially strengthening its enforceability and market exclusivity.
- Landscape Influence: It faces a competitive environment rich in chemical and therapeutic patents, requiring diligent validity and infringement evaluations.
- Business Impact: Broad claims facilitate market control; narrow claims enhance defensibility.
- Legal and Regulatory Considerations: IP rights must align with regulatory marketing approvals for maximum commercial benefit.
FAQs
1. How does CN107106503 compare to similar patents in China?
It likely features a similar structure but emphasizes unique structural or method claims to differentiate from prior patents, aligning with China's evolving patent standards.
2. Can competitors design around CN107106503?
Yes. By modifying the chemical structure or choosing different therapeutic pathways, competitors can potentially circumvent the patent, highlighting the importance of comprehensive claim drafting.
3. What is the typical lifespan of this patent’s protection?
In China, patents are protected for 20 years from the filing date, assuming maintenance fees are paid timely.
4. How does this patent impact licensing strategies?
It can serve as a licensing asset, enabling the patent holder to generate revenue through licensing or to block competitors from market entry.
5. What should be considered when challenging this patent’s validity?
Prior art that discloses similar compounds, obvious structural modifications, or lack of inventive step could threaten its validity, necessitating thorough prior art searches.
References
[1] Chinese Patent Office Records;
[2] Wipo Patent Database;
[3] Chinese Patent Law and Guidelines.
