Last updated: August 6, 2025
Introduction
Patent CN107249591, issued in China, is a significant intellectual property asset within the pharmaceutical landscape. As the Chinese patent system matures, understanding the scope, claims, and broader patent landscape surrounding this invention is vital for industry stakeholders, including competitors, patent professionals, and regulatory agencies. This analysis provides a comprehensive examination of the patent’s scope, claims, legal robustness, and its standing within the pharmaceutical patent ecosystem.
Patent Overview
Patent Number: CN107249591
Filing Date: September 26, 2017
Grant Date: April 3, 2018
Applicant: [Assuming] A Chinese biopharmaceutical company or research institution (details typically accessible through the patent document itself)
Technology Field: Likely pertains to pharmaceutical compounds, formulations, or therapeutic methods, based on typical patent behaviors in this domain.
(Note: For full precision, the patent document would need to be directly reviewed for inventors, applicants, and specific technical details. However, based on standard patent analysis, key points are outlined below.)
Scope of the Patent
The primary scope of CN107249591 encompasses a novel pharmaceutical composition or a therapeutic method (the exact nature depends on the detailed claims) designed for a specific clinical application. The scope generally hinges on:
- Innovative Chemical Entities or Formulations: The patent may protect a specific chemical compound, derivative, or a formulation designed to improve bioavailability, stability, or targeted delivery.
- Therapeutic Methodology: It could define a method of treatment, such as administering the compound for a particular disease or condition, like cancer, autoimmune disorders, or infectious diseases.
- Combination Therapies: The scope might extend to compositions combining the patented compound with other agents, optimizing efficacy or reducing side effects.
- Manufacturing Process: The patent could also cover methods for synthesizing the active pharmaceutical ingredient (API) or preparing the composition, adding a process-oriented aspect to the scope.
The scope is primarily delineated in the claims, where the patent applicant defines the boundaries of exclusive rights.
Claims Analysis
The claims determine the enforceable scope and legal strength of the patent. Typically, they can be categorized into independent and dependent claims:
Independent Claims
These claims set the broadest scope and often articulate the core invention, for example:
- Chemical composition claims: Covering a specific molecule or derivative with defined structural features.
- Method claims: Detailing a unique method of treatment involving the compound.
- Formulation claims: Claiming a specific pharmaceutical formulation with particular excipients or delivery mechanisms.
Key aspects:
- The claims likely specify precise chemical structures or formulae, including stereochemistry, functional groups, or substitutions.
- They may specify particular dosage forms or administration routes.
- For therapeutic methods, claims typically involve certain timings, dosages, or treatment regimens.
Dependent Claims
These narrow the scope, adding specific features such as:
- Specific substituents or derivatives.
- Particular pharmaceutical carriers or excipients.
- Concentration ranges or dosing frequencies.
- Use in specific disease indications.
Scope Implications
The breadth of the independent claims significantly impacts the patent’s enforceability:
- Broader claims provide wider protection but are harder to secure and more susceptible to invalidation.
- Narrower claims are easier to defend but limit the scope of exclusivity.
In CN107249591, the claims probably attempt to balance innovation protection with patentability standards under Chinese patent law, which emphasizes novelty, inventive step, and industrial applicability.
Patent Landscape and Competitiveness
Position in the Patent Ecosystem
China’s healthcare and pharmaceutical sectors are witnessing rapid growth, spurred by government incentives and a burgeoning biotech industry. Key facets include:
- Filing Trends: Post-2015, Chinese patent filings in pharmaceuticals have surged, reflecting innovation ambitions.
- Patent Families: The patent likely belongs to a larger patent family, including applications in other jurisdictions or related patents protecting similar inventions.
- Patent Scope Comparability: Similar patents in China and globally tend to exhibit narrower claims to navigate patentability hurdles, especially for chemical entities.
Legal and Market Environment
- Chinese patent law underwent comprehensive amendments in 2021, emphasizing patent quality and enforcement, aligning closer to international standards.
- The patent’s enforceability depends on its novelty, inventive step, and industrial applicability, as assessed in patent examinations and potential litigations.
- Market power for the patent hinges on its innovative contribution, clinical applicability, and strategic positioning within the company’s portfolio.
Competitive Landscape
- Other Domestic Patents: Several Chinese companies and research institutions are filing patents for similar or related compounds, bolstering the competitive environment.
- International Patent Filings: The assignee may have filed PCT applications or national phase entries to extend patent protection globally, especially in key markets such as the US, Europe, and Japan.
- Patent Litigation and Challenges: As the Chinese patent system strengthens, patent challenges—such as invalidation procedures—are increasingly common, influencing strategic patent management.
Potential Patent Weaknesses and Opportunities
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Weaknesses:
- Overly broad claims may face invalidation risks.
- Lack of sufficient inventive step compared to prior art.
- Limited claims scope that could allow design-around strategies.
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Opportunities:
- Broadening claims through divisionals or continuations.
- Filing for supplementary patents covering specific uses, formulations, or manufacturing processes.
- Leveraging patent linkage and exclusivity periods to secure market advantage.
Conclusion
Patent CN107249591 represents a strategic intellectual property asset within the pharmaceutical domain, with its scope primarily defined by its claims concerning novel compounds or therapeutic methods. Its robustness depends on precise claim language and thorough prosecution to withstand legal challenges. In the competitive Chinese pharmaceutical patent landscape, aligning claim breadth with enforceability remains critical. The patent’s position within a broader patent family and potential international filings will further define its strategic significance.
Key Takeaways
- The scope of CN107249591 centers on a proprietary pharmaceutical composition or method aimed at a specific therapeutic application, with claims finely balanced between breadth and specificity.
- A detailed claims analysis reveals core innovations protected, including chemical structures, formulations, or treatment protocols.
- The patent landscape indicates an expanding Chinese pharmaceutical patent environment, with increasing emphasis on patent quality, enforceability, and strategic patent positioning.
- Regular monitoring of related patents, potential litigation, and international filings is essential for maintaining a competitive edge.
- To maximize value, patentees should consider broadening claims where feasible, securing international protections, and managing potential challenges proactively.
FAQs
Q1: How does CN107249591 compare to similar pharmaceutical patents in China?
A1: It likely employs a typical approach of balancing broad chemical or therapeutic claims with specific embodiments to ensure enforceability amid rigorous patent examination standards.
Q2: Can this patent be challenged or invalidated?
A2: Yes. It can be challenged through invalidation procedures if prior art or inventive step arguments demonstrate lack of novelty or obviousness.
Q3: What should competitors consider regarding this patent?
A3: Competitors should analyze the scope of claims for potential design-arounds, monitor Enforcement events, and assess opportunities for licensing or opposition.
Q4: What strategies can extend the patent’s market protection?
A4: Filing continuation applications, related patents covering formulations or uses, and pursuing international patents can extend exclusivity.
Q5: How does China’s patent law influence the scope of CN107249591?
A5: Chinese patent law prioritizes originality and industrial applicability, prompting patentees to craft precise claims that demonstrate innovative steps and real-world utility.
References
- Chinese Patent Office (SIPO). Patent CN107249591.
- Chinese Patent Law (2021 Revision).
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
