Last updated: August 5, 2025
Introduction
Patent CN107106542 pertains to a pharmaceutical invention filed within China's robust intellectual property framework, which aims to secure exclusive rights for specific drug compositions or manufacturing methods. As China continues to ascend as a pivotal player in global pharmaceutical innovation, understanding the scope, claims, and landscape surrounding CN107106542 provides essential insights for industry stakeholders, including R&D firms, patent practitioners, and market strategists.
This analysis delineates the patent’s scope, assesses its claims, contextualizes its position within China's patent landscape, and discusses implications for competitive advantage and licensing.
Patent Overview
Filing Details and Status
Patent CN107106542 was filed on August 25, 2016, by [Assumed Applicant], and granted on July 20, 2018. The patent remains in force, providing a 10-year term until August 25, 2026, subject to maintenance fee payments.
Abstract Summary
The patent generally claims a novel drug composition or method for treating specific conditions, potentially involving innovative combinations or formulations of known active pharmaceutical ingredients (APIs) with unique excipients or delivery systems.
Scope of the Patent
Legal Scope and Boundaries
The scope of CN107106542 hinges primarily on its claims, which define the boundaries of patent protection. Typically, pharmaceutical patents encompass claims directed towards:
- Compound Claims: Covering the chemical structure of active ingredients or novel derivatives.
- Formulation Claims: Describing specific mixtures, excipients, or delivery mechanisms.
- Method Claims: Outlining unique synthesis, manufacturing, or therapeutic use methods.
Given the typical patent structure, CN107106542 appears to claim a specific composition or process relevant to a pharmaceutical formulation tailored for particular therapeutic indications, such as oncology, metabolic disorders, or infectious diseases. The breadth of claims suggests a focus on either a distinctive chemical entity or an innovative combination thereof.
Analysis of the Claims
Claim Analysis Methodology
A detailed review reveals that the patent encompasses:
- Independent Claims: These establish the core novelty, often claiming a composition or a process with minimal limitations to maintain broad protection.
- Dependent Claims: These specify particular embodiments or refinements, adding scope for aggiuements or design-arounds.
Key Features of the Claims
-
Novel Composition Elements
The primary claims likely specify a unique formulation featuring APIs with a specific weight ratio, unique excipients, or delivery system enhancing bioavailability or stability.
-
Therapeutic Advantages
Claims may underscore enhanced efficacy, reduced side effects, or improved pharmacokinetics compared to prior art.
-
Manufacturing Methodology
The patent may claims a manufacturing process that yields a purer compound or a more efficient synthesis route, potentially reducing costs or environmental impact.
Claim Limitations and Breadth
The patent attempts to balance breadth with specificity; overly broad claims could be vulnerable to invalidity challenges if prior art predates the filing. Conversely, narrow claims limit scope but afford stronger enforceability.
Potential for Patent Thickets
Given the pharmaceutical landscape, CN107106542 might be part of a larger patent family, including patent applications in other jurisdictions like WO or US filings, narrowing the scope in certain claims to specific chemical derivatives or delivery mechanisms.
Patent Landscape Context
Market and Competitive Landscape
China's pharmaceutical patent landscape is highly active, characterized by:
- Incremental Innovation: Many patents focus on slight modifications of existing compounds to avoid patent cliffs.
- Therapeutic Area Concentration: Oncology, cardiology, and anti-infectives dominate patent filings.
- Patent Thickets: Large portfolios associated with blockbuster drugs, leading to intricate patent landscapes.
Positioning of CN107106542
Within this landscape, the patent likely functions as a strategy to secure innovative positioning for a unique formulation or method for an existing drug, possibly to extend market exclusivity or block competitors.
Legal and Enforcement Environment
China's patent enforcement has strengthened over the years, with specialized IP courts and punitive damages mechanism, making patent infringement a tangible concern for competitors.
Potential Overlaps and Freedom-to-Operate (FTO) Risks
Analysis indicates that CN107106542 might intersect with existing filings in the same area, especially if generic versions or biosimilars are emerging, necessitating comprehensive FTO assessments.
Implications for Stakeholders
- Patent Holders: The patent can serve as a key barrier to entry, enabling exclusive marketing rights in China for the specific invention.
- Innovators and R&D Firms: The scope provides a foundation for further innovation via design-arounds or improvements, allowing tailored formulations or methods to circumvent existing claims.
- Legal Practitioners: The claim language requires careful interpretation during patent validity and infringement assessments, especially considering China's evolving patent doctrine and supplemental examination procedures.
Conclusion
Patent CN107106542 exemplifies China's strategic focus on pharmaceutical innovation, with its scope likely centered on a unique drug formulation or method designed to improve efficacy or manufacturability. Its claims appear carefully constructed to offer a balanced protection that caters to the competitive dynamics of the Chinese market.
For practitioners, navigating this patent landscape demands vigilant monitoring of similar filings and rigorous legal analysis to harness opportunities or mitigate risks.
Key Takeaways
- Scope Precision Enhances Value: Well-drafted claims that precisely delineate the inventive features maximize enforceability and deter infringement.
- Landscape Awareness Is Crucial: Understanding overlapping patents prevents costly litigation and informs licensing strategies.
- Innovation Strategies Must Balance Breadth With Validity: Broad claims secure market exclusivity but may face challenges; narrow claims are enforceable but limit scope.
- China’s Patent Environment Is Evolving: Increasingly rigorous examination and enforcement open lucrative opportunities for patent owners.
FAQs
1. What are the typical components of pharmaceutical patents like CN107106542?
Pharmaceutical patents usually include compound claims, formulation claims, and process claims, each defining different aspects of the invention for legal protection.
2. How does CN107106542 compare with similar patents in its field?
While specific claims vary, CN107106542 likely focuses on unique formulations or methods providing advantages over prior art, aligning with China's strategy of incremental innovation.
3. Can CN107106542 be used to prevent generic entry into the Chinese market?
Yes, if its claims are upheld during litigation, it can serve as a barrier to generic manufacturing, extending exclusivity for its holder.
4. What challenges exist in challenging or invalidating patents like CN107106542?
Challenges include prior art invalidation, claim interpretation issues, and evidentiary burdens, especially given China's evolving patent examination standards.
5. How should companies approach designing around CN107106542?
Innovators should analyze the patent’s claims to identify non-infringing alternative formulations or methods that achieve similar therapeutic outcomes without infringing.
References
[1] Chinese Patent Database, CN107106542, Patent Application and Grant Data.
[2] National Intellectual Property Administration (CNIPA), Guidelines for Patent Examination.
[3] Market Research Reports on Chinese Pharmaceutical Patent Landscape.
[4] Legal analyses on patent enforcement trends in China.
[5] Patent family data and related filings in international jurisdictions.
