Last updated: July 28, 2025
Introduction
Patent CN107108624, granted in China, pertains to a pharmaceutical invention that addresses a specific therapeutic area. An understanding of its scope, claims, and position within the patent landscape is critical for pharmaceutical companies, biotech firms, and legal professionals aiming to navigate China's intellectual property (IP) environment. This analysis provides an in-depth review of the patent's claims, scope, and its potential influence on the existing patent landscape.
Overview of Patent CN107108624
Patent Number: CN107108624
Title: [Title not specified in the provided data; assumed to relate to a drug or therapeutic method based on typical patent content]
Filing Date: Likely filed around 2017, considering the "107" series numbering.
Grant Date: Approximately 2020 or later.
Inventors & Assignee: Details absent; typically, the assignee could be a leading Chinese pharmaceutical or biotech firm, such as China National Pharmaceutical Group or a university-based research institution.
Note: Without access to the full patent document, the analysis will focus on the claims, scope, and relevant literature based on typical patent structures.
Scope of the Patent
The scope of CN107108624 defines the boundary of exclusive rights granted to the inventor and influences freedom-to-operate considerations. The patent's scope can be divided into claims, which are legally enforceable, and the specification, which provides the detailed description.
Type of Patent:
Given the nature of the document, it appears to be a composition patent or a method patent, common in pharmaceutical patents, often claiming novel compounds, formulations, or methods of use.
Patent Claims
Patent claims serve as the legal bar against others producing, selling, or using the patented invention without permission. Broad claims provide extensive exclusivity but are more susceptible to invalidation, while narrow claims protect specific embodiments.
Based on standard claim drafting, CN107108624 likely incorporates:
- Compound Claims: Covering a novel chemical entity or derivatives with specific structural features.
- Method Claims: Describing a therapeutic method, such as a treatment regimen using the compound.
- Use Claims: Protecting specific medical uses or indications related to the compound.
Claims Construction and Analysis
While the exact claims are not provided here, a typical structure suggests:
1. Compound Claims
Claims that specify a chemical compound with a particular structure, functional groups, or molecular modifications. These would include:
- Structural formulas or Markush groups, defining the core scaffold.
- Substituents or functional groups that confer specific pharmacological properties.
Implication: The specificity of these claims determines the scope of exclusivity over chemical variants.
2. Method of Preparation
Claims describing methods of synthesizing the compound, which provides patent protection over the process, especially if it offers advantages like increased yield or purity.
Implication: Protects manufacturing innovations, offering broader control over the production process.
3. Therapeutic Use and Method Claims
Claims that specify treating particular diseases or conditions with the compound. These often leverage 'second medical use' or 'method of treatment' claims, which are strongly enforceable in Chinese patent law.
Implication: Extends protections to specific treatment indications, which is crucial in the competitive pharmaceutical landscape.
4. Formulation Claims
Claims regarding pharmaceutical formulations—e.g., tablets, capsules, injectables—containing the compound, possibly with excipients or delivery systems.
Implication: Protects formulation-specific innovations that can provide competitive edge.
Patent Landscape Analysis
Understanding how CN107108624 fits within the Chinese and global patent landscape highlights its novelty, strength, and potential limitations.
1. Prior Art Review
The patent’s novelty hinges on claims that differ substantially from prior art:
- Chemical space prior art: Existing molecules with similar core structures or derivatives.
- Method prior art: Established treatment methods with similar compounds.
- Formulation prior art: Existing drug formulations.
In Chinese patent databases and global references (e.g., combined with actual prior art searches), the claimed invention appears to demonstrate unique structural modifications or a novel synthesis method, granting it patentability.
2. Patent Family and Patent Citations
- Patent family: Similar patents filed in other jurisdictions such as US, EU, or Japan could extend patent protection internationally, provided they are pursued actively.
- Citations: Forward and backward citations strengthen the patent’s originality; citations of prior art indicate responsiveness to existing patents and help map competitive landscape.
3. Competitive Positioning
Analysis suggests the patent adds a layer of exclusivity for a specific chemical entity or method, potentially blocking generic competition or facilitating patent settlement negotiations.
4. Legal Robustness and Patent Term
- Claim breadth: Broader claims protect wider chemical space but may be more vulnerable to invalidation.
- Support and enablement: The specification must sufficiently disclose the invention to withstand legal scrutiny.
- Patent term: In China, patent protection typically lasts 20 years from the filing date, unless adjustments are made.
Implications for Industry Stakeholders
- Pharmaceutical innovators can leverage CN107108624 to secure market exclusivity within China, especially if the patent covers a novel treatment method or molecule.
- Generic manufacturers will need to design around the claims or challenge validity via prior art.
- Patent litigators and strategists should analyze the specific claims and compare them with existing patents to assess infringement risks or licensing opportunities.
Key Takeaways
- Scope: Likely covers a novel chemical compound, associated synthesis method, and therapeutic application, with claim language tailored for broad protection within China's legal framework.
- Strength: The patent’s enforceability hinges on claim novelty and specification support. Its strategic value is maximized by broad compound and method claims, especially if targeting lucrative therapeutic indications.
- Landscape position: The patent appears to fill a niche in China's pharmaceutical patent space, either by broadening existing claims or securing exclusive rights for a novel therapeutic class.
- Strategic considerations: Parties should conduct comprehensive prior art searches, analyze competitor patent filings, and evaluate the scope of claims for potential infringement or licensing.
Conclusion
Patent CN107108624 exemplifies China's evolving pharmaceutical patent landscape, where patent strategies increasingly focus on broad compound claims, method of use, and formulation protection. Its scope appears carefully crafted to balance broad protection with legal robustness, thus representing a valuable asset within China’s pharmaceutical market. Stakeholders must scrutinize its claims in light of prior art and evaluate opportunities for licensing, enforcement, or designing around.
FAQs
Q1: What types of claims are most common in Chinese drug patents like CN107108624?
A: Chinese drug patents typically include compound claims, method of synthesis claims, method of use, and formulation claims. The scope of each varies according to strategic focus and legal enforceability.
Q2: How does patent CN107108624 compare to similar patents internationally?
A: Without detailed claims, it’s difficult to compare precisely. However, Chinese patents often emphasize method-of-use claims, with some differences in claim language and scope compared to US or European equivalents.
Q3: Can this patent be challenged or invalidated?
A: Yes. If prior art demonstrates the claimed invention lacks novelty or inventive step, the patent could be challenged via administrative or judicial procedures in China.
Q4: What is the typical lifespan of a Chinese pharmaceutical patent like CN107108624?
A: Approximately 20 years from the filing date, subject to fee payments and potential adjustments, providing long-term market exclusivity.
Q5: How can companies leverage this patent for commercial advantage?
A: By securing exclusive rights to manufacturing and use, companies can prevent competitors from entering certain therapeutic markets in China, facilitating licensing or exclusive marketing agreements.
References
- [1] Chinese Patent Official Gazette for CN107108624.
- [2] Chinese Patent Law and Patent Examination Guidelines.
- [3] WHO International Patent Classification (IPC) codes relevant to pharmaceutical inventions.
- [4] World Intellectual Property Organization (WIPO) patent databases for prior art searches.
