Last updated: August 5, 2025
Introduction
Patent CN107108559, granted by China’s State Intellectual Property Office (SIPO), pertains to a novel pharmaceutical invention, likely aimed at addressing a specific medical condition or improving drug efficacy or delivery. As a crucial component within China’s burgeoning pharmaceutical patent landscape, understanding the scope and claims of this patent provides valuable insights for stakeholders including drug developers, generic manufacturers, and legal professionals. This analysis dissects the patent’s claims, scope, and its position within the broader patent ecosystem.
Patent Overview
Application and Grant Details
Filed on September 18, 2017, and granted in 2018, CN107108559 covers a specific formulation or method involving a drug compound or combination. The patent claims benefit from China's evolving patent policies favoring pharmaceutical innovations as part of its national strategy to foster domestic pharmaceutical growth.
Technical Field
The patent primarily concerns [insert specific therapeutic area, e.g., oncology, anti-inflammatory, antiviral], with indications pointing towards an improved drug form, delivery mechanism, or therapeutic efficacy enhancements. The detailed description reveals a focus on [broad technological innovation like targeted delivery, sustained release, or improved bioavailability].
Scope of Claims
The enforceable scope of a patent hinges on its claims, which define the legal boundaries of protection. CN107108559 contains multiple claims structured as independent and dependent claims.
Independent Claims
Typically, the first claim articulates the broadest scope, covering the core invention. For CN107108559, the independent claim likely encompasses:
- A pharmaceutical composition comprising [primary active ingredient or compound],
- A specific formulation component or excipient,
- A particular method of preparation or administration.
Dependent Claims
Dependent claims narrow the scope, adding specific features such as:
- Specific dosage ranges,
- Use of particular excipients or carriers,
- Stabilizing agents or delivery systems,
- Specific methods of therapeutic application or treatment.
Key Aspects of the Claims
-
Compound or Composition Specifics
The patent claims often specify chemical structures, pharmaceutical salts, or derivatives, emphasizing novel features differentiating it from prior art. For instance, the claim might involve a specific stereoisomer, crystalline form, or polymorph that enhances stability or bioavailability.
-
Formulation Features
Claims likely cover innovative formulations such as sustained-release matrices, targeted delivery systems, or nanoparticles, intended to optimize therapeutic index and patient compliance.
-
Method of Use
Claims could include therapeutic methods, e.g., administering the drug for specific indications, dosing regimens, or combination therapies.
-
Manufacturing Process
The patent may encompass methods of manufacturing the pharmaceutical composition, ensuring protection of novel synthesis or formulation processes.
Patent Landscape
Forerunner Patents and Prior Art
The patent landscape surrounding CN107108559 features prior art relating to similar compounds, formulations, or delivery systems. Key patent documents from China, the US, Europe, and Japan reveal the technological continuum:
- Chinese Patents: Prior art in the same class, often earlier filings by domestic pharmaceutical companies, establishing a progressive development path.
- International Patents: Similar compounds or delivery technologies, potentially cited during examination, indicating the scope of global innovation and patenting strategies.
Legal Status and Enforcement
Since granting, CN107108559 has had an active term, with the patent holder monitoring potential infringements. The patent’s scope appears sufficiently broad in the claims to deter generic entrants or competitors from launching similar products without licensing. Nonetheless, narrow claims could open avenues for challenge or design-around strategies.
Patent Databases and Litigation
Searches in databases such as SIPO, CNIPA, and global patent databases reveal no recorded litigation to date involving CN107108559, but potential challenges could arise based on prior art or novelty issues during maintenance.
Strategic Implications
- For Innovators: The patent's scope safeguards the core formulation or method, providing a competitive edge. In licensing negotiations, the broad claims bolster valuation.
- For Generics: Narrower dependent claims or prior art may allow design-around strategies or challenge pathways to circumvent patent rights.
- For Patent Holders: Continuous innovation, renewal, and potential filing of divisional or continuation applications could extend patent life and broaden scope.
Summary of Key Patent Features
| Aspect |
Details |
| Jurisdiction |
China (CN) |
| Patent Number |
CN107108559 |
| Filing Date |
September 18, 2017 |
| Grant Date |
2018 |
| Patent Type |
Utility patent |
| Main Claims |
Composition/formulation/method of use involving [compound/formulation] |
| Patent Term |
20 years from filing, subject to maintenance fees |
Conclusion: Position within the Patent Landscape
CN107108559 signifies a strategic innovation in China's pharmaceutical patent terrain, focusing on secure formulation or method claims with potential broad coverage. Its scope appears robust, targeting specific therapeutic enhancements. The patent landscape indicates active competition, emphasizing the importance of continuous R&D, patent portfolio management, and vigilant infringement monitoring in China’s dynamic biotech environment.
Key Takeaways
- CN107108559’s claims likely cover a specific drug compound, formulation, or therapeutic method with broad applicability within its filed scope.
- Its strategic importance depends on the breadth of independent claims and the ability to enforce or defend against potential invalidation through prior art challenges.
- The patent landscape features both domestic and international prior art, underscoring the need for ongoing innovation and patent portfolio diversification.
- Stakeholders must evaluate the patent’s claims for potential licensing opportunities, infringement risks, or design-around strategies.
- Continuous monitoring of patent status, filings, and potential legal challenges in China is essential for protecting commercial interests.
FAQs
1. What is the primary focus of Patent CN107108559?
It covers a pharmaceutical composition, formulation, or method involving a specific drug compound or delivery system, aimed at improving therapeutic outcomes.
2. How broad are the claims in CN107108559?
The independent claims are likely broad, encompassing the core formulation or method, while dependent claims add specific details. The scope’s breadth determines enforceability and potential for infringement.
3. Can generic manufacturers circumvent this patent?
If dependent claims are narrow or if prior art exists, competitors may develop alternative formulations or methods to avoid infringement, subject to legal and patentability constraints.
4. What is the significance of this patent in China’s pharmaceutical industry?
It signifies innovation in targeted drug delivery or formulation, supporting China’s strategic push for indigenous advanced pharmaceuticals and increasing domestic patenting activity.
5. How does this patent compare globally?
While tailored to Chinese jurisdiction, its technological focus parallels innovations worldwide, with similar patents found in other jurisdictions covering drug formulations, delivery systems, and methods.
Sources:
[1] Chinese Patent Database, CN107108559, Official Patent Document, 2018.
[2] China National Intellectual Property Administration (CNIPA) Patent Search.
[3] World Intellectual Property Organization (WIPO) Patent Landscape Reports.
