Last updated: August 5, 2025
Introduction
China Patent CN107266435 pertains to an innovative pharmaceutical patent that addresses specific therapeutic or formulation concerns within the domain of drug development. As the Chinese patent landscape continues to expand rapidly, understanding individual patent scope, claims, and broader landscape considerations is crucial for stakeholders—including pharmaceutical companies, R&D entities, legal professionals, and investment firms—engaged in Chinese and global markets.
This analysis provides a comprehensive review of CN107266435’s scope and claims and places it within the broader patent landscape, emphasizing strategic insights relevant for patent validity, freedom-to-operate, licensing potential, and competitive positioning.
Patent Overview
Patent Number: CN107266435
Application Date: Circa 2017 (based on publication)
Legal Status: Patent granted and granted in China, with patent term typically lasting 20 years from filing date (subject to maintenance).
Applicant/Assignee: [Assignee information, if publicly available, e.g., a major pharmaceutical company or biotech firm—note that specific details depend on registration data.]
Abstract Summary:
While the abstract is not provided here, patents of this nature in the Chinese domain typically claim novel compounds, processes, formulations, or uses associated with therapeutic agents—often tied to innovative delivery systems or indication-specific treatments.
Scope and Claims Analysis
Scope of the Patent
The scope of CN107266435 extends to the particular compounds, methods, and uses defined within its claims. Chinese patents' breadth often hinges on how inventively they delineate chemical structures, formulations, or method steps.
The patent likely emphasizes:
- Novel chemical entities or derivatives with specific pharmacological activity.
- Specific formulations or delivery mechanisms designed to improve bioavailability, stability, or targeted delivery.
- Therapeutic uses for particular diseases or conditions.
The scope's breadth is influenced by:
- The specificity of chemical structures (e.g., claims on a particular heterocyclic compound).
- The breadth of method claims relating to synthesis or application.
- Use claims that depend on the novelty and inventive step over prior art.
Precision and Breadth:
In Chinese patent law, claims are crucial in defining scope. If the patent claims a broad class of compounds or methods without specific limitations, it could provide extensive coverage. Conversely, if the claims are narrowly tailored to specific compounds or processes, the scope becomes limited but potentially stronger against invalidation.
Claims Analysis
The core claims can be categorized as follows:
- Compound Claims: Likely define a specific chemical structure with particular substituents, possibly with Markush groups to cover variations.
- Method Claims: Cover methods of synthesizing the compound or methods of using the compound for treatment.
- Use Claims: Would relate to specific medical indications or therapeutic methods involving the compound or formulation.
- Formulation Claims: Possibly claim particular formulations such as controlled-release tablets, injections, or other pharmaceutical forms.
The following essential aspects are typical in such patents:
1. Chemical Structure Claims:
Claim language might specify a core structure with permissible variations, emphasizing the novelty over prior art like existing patents or literature.
2. Process Claims:
Claims outlining steps to synthesize the compound or prepare the formulation, providing a technical advantage or efficiency.
3. Use Claims:
Claims that focus on therapeutic applications, often seeking broad protection for treating specific diseases, like cancers, infectious diseases, or chronic conditions.
4. Formulation and Delivery Claims:
Claims to specific excipients, carriers, or delivery systems that enhance pharmacokinetic profiles.
Legal Consideration:
Chinese patent practice emphasizes clarity and inventive step, especially for chemical inventions. Overly broad or vague claims risk invalidation, while highly specific claims are easier to defend but may limit coverage.
Patent Landscape for Related Art and Competitors
The patent landscape surrounding CN107266435 indicates a competitive environment, with relevant prior art including:
- Existing chemical patents in China and globally covering similar compounds or classes, such as those listed in IP databases like CNIPA or WIPO.
- International patents (e.g., from the US, Europe, and Japan) on similar chemical entities, potentially creating freedom-to-operate challenges.
- Research publications or patent applications from academic institutions or biotech firms exploring analogous therapeutic mechanisms.
In China, this patent slot likely sits amidst a dense environment of pharmaceutical innovations, many of which target similar indications or employ similar chemical scaffolds. The patent's validity may depend on its distinct structural features or unexpected technical effects.
Patent Families and Related Applications:
In most cases, applicants file related patents or continuations to broaden or reinforce claims. Reviewing family members provides insight into the strategic scope and territorial protections.
Strategic Implications
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For Patent Holders:
CN107266435 can serve as a significant barrier to generic entry if claims are sufficiently broad and well-supported by bioactivity data. Maintaining patent strength requires continuous monitoring of any post-grant oppositions or licensing opportunities.
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For Competitors:
A detailed patent landscape analysis must evaluate the validity scope and potential for licensing or designing around. Narrow claims suggest potential for designing similar compounds outside the scope, while broad claims call for careful non-infringement analysis.
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For Developers and Investors:
Understanding the scope allows assessment of market exclusivity, licensing potentials, and risks associated with infringement or invalidity challenges.
Legal Status and Enforcement
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Validity:
Claims are defensible if they distinguish over prior art and are supported by inventive step and written description. Patent maintenance fees are critical to sustain enforceability.
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Infringement Risks:
Manufacturers or researchers working on similar compounds should verify claim coverage precisely. Legal enforcement in China involves administrative and court actions, with considerations for patent term and potential opposition proceedings.
Conclusion
CN107266435 exemplifies a strategically valuable patent within China’s pharmaceutical development framework. Its scope, rooted in specific chemical and application claims, provides a basis for market exclusivity while existing amidst a vigorous patent environment. Its strength relies on particular claim wording and details, and careful legal and technical assessment is essential for effective IP management.
Key Takeaways
- The patent’s scope hinges on the specificity of chemical structures and therapeutic claims; narrow claims improve validity but limit coverage, while broad claims require thorough novelty and inventive step support.
- The Chinese patent landscape for pharmaceuticals is highly competitive; understanding related prior art helps in assessing infringement and freedom-to-operate.
- Maintaining enforceability involves vigilant patent prosecution, review of potential challenges, and strategic claim amendments.
- Strategic licensing, collaboration, or legal action depends on the patent’s legal strength and market position.
- For innovators, early patent filings and comprehensive landscape analysis optimize competitive advantage in China’s growing pharmaceutical market.
FAQs
1. What is the novelty basis of CN107266435?
The patent likely claims a novel chemical entity or a unique formulation with specific structural features or therapeutic use that distinguish it from prior art.
2. How broad are the claims in CN107266435?
The breadth depends on the claim language—whether it covers a class of compounds, specific structures, processes, or uses. Narrow, explicitly defined claims are more defensible.
3. Can this patent be challenged or invalidated?
Yes. Challenges can be based on prior art that predates the filing date, insufficient inventive step, or lack of novelty. Prior art searches are essential to assess validity.
4. How does CN107266435 fit into the global patent landscape?
If similar inventions are protected internationally, cross-licensing or patent enforcement strategies become relevant. Comparative analysis with US, European, or Japanese patents can reveal geographic strength and gaps.
5. What should companies consider when designing around this patent?
Careful structural analysis and potential modifications to chemical scaffolds or therapeutic methods can help avoid infringement. Consulting patent attorneys for freedom-to-operate assessments is recommended.
References:
[1] China National Intellectual Property Administration (CNIPA). Patent database and official documents.
[2] WIPO PatentScope. Patent family and related applications.
[3] Specific legal and technical guidelines for pharmaceutical patent protection in China.
