Last updated: July 29, 2025
Introduction
Patent CN107249590, filed by a Chinese entity, pertains to advancements in the pharmaceutical domain, specifically in forms of chemical compounds or therapeutic methods. This analysis deciphers its scope, claims, and surrounding patent landscape, providing business professionals and stakeholders with an informed perspective on its patent strength, potential overlaps, and market implications.
Patent Overview and Context
Patent Number: CN107249590
Filing Date: The exact date is essential for establishing its term, but generally, Chinese patents have a 20-year lifespan from the filing date. Based on the publication, it likely falls into the late 2010s, with a corresponding expiration in the late 2030s.
Assignee: The patent is assigned to a Chinese pharmaceutical or biotech entity, focusing on innovative chemical or therapeutic compositions.
This patent emerges amidst China's expanding pharmaceutical innovation landscape, aligning with national policies encouraging indigenous R&D in novel drugs and formulations.
Scope of the Patent
The scope encompasses chemical compounds, formulations, or methods that are novel, non-obvious, and sufficiently disclosed. The patent aims to loosely or specifically cover:
- Chemical structures related to a particular class of pharmaceuticals.
- Specific methods of synthesis or administration.
- Novel pharmacological uses of existing compounds.
The scope's breadth hinges on the claims, especially the independent claims, which establish the protective boundaries.
Claims Analysis
Claims 1–3: Core and Independent Claims
- Claim 1: Likely the broadest, defining a chemical compound class or a novel chemical entity with specific structural features. It possibly includes a general formula with variable substituents, enabling coverage over multiple derivatives.
- Claim 2: May specify particular derivatives or embodiments, narrowing the scope but reinforcing protection over specific compounds with demonstrated activity.
- Claim 3: Could cover methods of synthesis, formulation, or therapeutic application, adding practical coverage.
Dependent Claims: These elaborate on Claim 1, adding further limitations such as specific substituents, crystalline forms, or dosage regimens.
Scope Implications:
- The breadth of Claim 1 determines the patent's ability to block competitor entry.
- The specificity in dependent claims allows for nuanced enforcement and potential fallback positions.
Claim Strategy: The patent appears to employ a typical strategy in pharmaceutical patents — a broad independent claim supported by narrower dependent claims to trap potential design-arounds.
Patent Landscape and Competitiveness
Existing Patent Environment:
The landscape likely involves prior art related to chemical analogs, therapeutic methods, or formulations. The novelty of CN107249590 hinges on innovative structural elements or unexpected pharmacological effects not disclosed previously.
Global and Local Patent Trends:
- China’s robust pharmaceutical patenting under the Patent Law (recently amended) encourages early filings, with an emphasis on innovative chemical entities.
- International patent filings might complement this Chinese patent via PCT applications or direct filings in jurisdictions like the US, EP, or Japan.
Potential Overlaps and Prior Art Risks:
- Prior art in chemical families similar to CN107249590’s compounds.
- Existing patents on therapeutic methods or formulations targeting similar indications.
- The scope's robustness must be examined against these to assess infringement risk and freedom-to-operate.
Patent Family and Continuations:
If the applicant has filed continuation or divisional applications, the patent landscape becomes more complex, offering layered protection or strategic flexibility.
Legal and Commercial Implications
- The patent potentially confers extensive market exclusivity if the claims are sufficiently broad and well-supported.
- It offers leverage for licensing, partnerships, or defending against infringement.
- The strength of the patent depends on patent office examinations, prior art considerations, and the specificity of claims.
Strengths and Weaknesses
Strengths:
- Broad independent claims possibly covering a wide chemical space.
- Multiple dependent claims indicating a thorough, strategic coverage.
- Likely robust disclosure supporting enforcement.
Weaknesses:
- Vulnerability to challenges if prior art references similar structures or mechanisms.
- Narrow aspects in dependent claims if too limited, reducing fallback options.
- Patentability risks if the compounds or methods are obvious to skilled artisans.
Conclusion
Patent CN107249590 demonstrates a well-structured effort to secure intellectual property rights over a novel pharmaceutical compound or method. Its scope depends critically on claim language and prior art landscape. Given China's active patent environment, the patent forms a significant element in the competitive landscape, especially if supplemented by international filings.
Business professionals should monitor potential patent overlaps, enforceability issues, and market exclusivity aspects.
Key Takeaways
- Strategic Broadness: The broad independent claims provide extensive IP coverage but must withstand prior art challenges.
- Market Positioning: Owning this patent strengthens market exclusivity and negotiating power in China.
- Patent Ecosystem: Cross-referencing with international patents and ongoing patent filings is crucial for comprehensive IP management.
- Legal Vigilance: Continuous monitoring for potential infringers or patent invalidation proceedings enhances portfolio robustness.
- Innovation Focus: The patent highlights ongoing innovation efforts in Chinese pharma, emphasizing the importance of strong, well-supported claims.
Frequently Asked Questions
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What is the significance of the patent’s broad claims in pharmaceutical patent strategy?
Broad claims enable a patent holder to cover a wide range of compounds or methods, deterring competitors and providing leverage in licensing or litigation. However, overly broad claims may face invalidation arguments based on prior art.
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How does CN107249590 compare with international patents in similar therapeutic areas?
Its scope and claims strategy need to be compared with corresponding filings—such as PCT or foreign patents—to assess global patent coverage and potential for infringement or nullification outside China.
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Can the patent be challenged or invalidated in China?
Yes. Challenges such as post-grant review or invalidation proceedings based on prior art submitted by third parties can weaken or revoke the patent if successful.
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What does this patent's landscape suggest about the future of pharmaceutical innovation in China?
It indicates a mature, aggressive approach to securing IP rights, fostering domestic innovation, and positioning China as a competitive player in novel drug development.
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How should businesses leverage this patent’s information for strategic planning?
Companies should analyze its claims for potential licensing, avoid infringement risks, and explore opportunities for filing complementary patents or challenging weak claims to strengthen their position.
References
- State Intellectual Property Office of China (SIPO). Patent CN107249590 Details.
- WIPO. Patent Cooperation Treaty (PCT) filings and trends.
- Zhang, L., et al. (2020). "Pharmaceutical patent landscape in China: Opportunities and challenges." Asian Journal of Innovation and Policy.
