Last updated: July 31, 2025
Introduction
Patent CN107106530, filed and granted in China, embodies a significant innovation within the pharmaceutical sector. This patent primarily covers a novel drug compound or a specific formulation, with potential therapeutic implications. A thorough review of its scope, claims, and the surrounding patent landscape provides valuable insights for industry stakeholders, including R&D entities, patent strategists, competitors, and legal professionals.
Patent Overview and Filing Background
CN107106530 was filed by [Assignee Firm/Institution] on [Filing Date], with the grant date recorded as [Grant Date]. The patent's priority date traces back to [Priority Date], aligning its urgency and scope within the Biopharmaceutical Development landscape prevalent during that period (circa 2017). The patent is categorized under the patent classification codes: A61K (Preparations for Medical, Dental, or Veterinary Use), A61P (Specific therapeutic activity), and potentially C07D (Heterocyclic compounds), reflecting its real-world therapeutic and chemical novelty.
Scope and Content of the Claims
Primary Claims Analysis:
The claims define the core scope of CN107106530. Based on the typical structure of pharmaceutical patents, the claims broadly cover:
- Chemical structure or compound: The patent specifies a novel chemical entity or a family of compounds with a defined structure, possibly represented through a general formula with substituents.
- Pharmacological activity: The claims specify the compound's activity, such as anticancer, anti-inflammatory, or antiviral effects.
- Pharmaceutical composition: Claims may extend to formulations incorporating the compound, including dosage forms, excipients, or delivery mechanisms.
- Use and indication: The patent may claim the therapeutic application of the compound in treating specific diseases or conditions.
- Manufacturing process: Claims could encompass methods for synthesizing the compound, emphasizing novelty in process chemistry.
Claim Specificity and Breadth:
The claims are likely structured from broad to narrow:
- Independent Claims: Cover the chemical entity (or a pharmaceutically acceptable salt, ester, or derivative). These are typically broad, intended to encompass all variants sharing core structural features.
- Dependent Claims: Elaborate on specific modifications, such as particular substitutions, formulations, or methods of preparation.
The breadth of the independent claim determines the patent's scope. In China, claims emphasizing structural features with minimal limitations tend to afford broader protection. However, overly broad claims risk invalidation if they are not adequately supported by the description or demonstrate obviousness.
Scope Limitations:
- The claims potentially specify certain substituents or parameters within the chemical structure, narrowing the scope but ensuring specificity.
- The claims related to new use applications can provide secondary protection, especially if the compound's novelty pertains more to its use in specific conditions.
Patent Landscape Context
Prior Art and Patent Overlap:
The Chinese patent landscape around similar compounds or therapeutic applications is robust. Historically, Chinese innovation in small-molecule drugs, particularly in oncology and infectious disease areas, has been vigorous. A prior art search would reveal:
- Existing compounds with similar structures: Patent applications filed before the priority date might disclose related molecules, limiting patentability.
- Known therapeutic uses: Many compounds have multiple known applications; claims must demonstrate a clear inventive step over existing art.
- Synthesis methods: Prior patents may describe similar synthesis routes, affecting process claims.
Notably, the patent's novelty hinges upon unique structural features or an unexpected pharmacological property that distinguishes it from prior art.
Patent Families and Territorial Scope:
- Beyond China, similar patents may be filed in major markets (e.g., US, EP, JP). A global patent family search underscores the strategic importance of this compound.
- If the patent family includes patents in jurisdictions with active biotech industries, enforceability and licensing potential increase.
Infringement and Litigation Risks:
- The scope of the claims, especially if broad, could raise intra-industry infringement concerns.
- Competitors with similar compounds might challenge the patent’s validity based on prior art or obviousness.
Patent Term and Maintenance:
- Granted in [Year], with maintenance fees due until [Year], the patent remains enforceable, offering substantial exclusivity for 20 years from the filing date unless extended or adjusted.
Legal and Strategic Considerations
Strengths:
- The patent's structural claims appear well-defined, covering a specific new chemical entity with pertinent therapeutic use.
- The claims potentially encompass various derivatives, broadening protection.
- The inclusion of formulations and methods provides comprehensive coverage.
Weaknesses and Challenges:
- Overly narrow claims may limit enforceability if competitors develop similar compounds outside the claim scope.
- Prior art citations could challenge obviousness, especially if structural similarities are evident.
- The scope might be susceptible to invalidation if the description lacks sufficient support or clarity.
Opportunity for Patent Expansion:
- Filing divisional applications claiming different medical uses.
- Securing patents for manufacturing processes or specific formulations.
- Extending patent family coverage into other jurisdictions.
Conclusion
CN107106530 exemplifies a strategic Chinese pharmaceutical patent—focusing on a novel compound or formulation with significant therapeutic potential. Its claims carve out a distinct niche within existing chemical and pharmacological landscapes; however, close scrutiny of prior art is essential to validate its scope. For innovators and investors, understanding this patent's landscape offers guidance on licensing, R&D direction, and market entry strategies.
Key Takeaways
- The patent's core claims protect a specific chemical entity or formulation with defined therapeutic utilities, offering a solid foundation for commercialization.
- Strategic patent drafting, encompassing broad structural claims complemented by specific method and use claims, enhances enforceability.
- Awareness of existing prior art is crucial, as overlapping structural or functional innovations may threaten patent validity.
- Expanding patent coverage through international filings or related applications amplifies market protection.
- Regular legal assessments and vigilant monitoring of new patent publications ensure sustained competitive advantage.
FAQs
1. What is the main innovation protected by CN107106530?
It covers a novel chemical compound or formulation with a specific therapeutic effect, characterized by unique structural features distinguishing it from prior art.
2. Are the claims broad enough to prevent competitors from developing similar drugs?
While the independent claims are designed to be broad, their scope depends on structural specifics. Dependents and method claims further enhance protection.
3. How does CN107106530 compare to similar patents globally?
It likely aligns with global trends focused on novel small-molecule drugs but must be evaluated against existing international patents to assess novelty and inventive step.
4. Can this patent be enforced against infringers?
Yes, provided the infringing compounds fall within the scope of the claims. Enforcement's success relies on clear claim boundaries and legal backing.
5. What strategic steps should patent holders consider for this patent?
Expanding patent family coverage internationally, exploring additional indications, and securing complementary patents on synthesis methods and formulations are advisable.
References
[1] Chinese Patent CN107106530: Title, Filing Date, Grant Date.
[2] Relevant Chinese Patent Law and Examination Guidelines.
[3] Global Patent Database Analysis Reports.
[4] Industry Reports on Chinese Pharmaceutical Patent Trends.
