Last updated: August 4, 2025
Introduction
Patent CN107375898, titled “Method for preparing compound X,” was filed in China, representing an important node in the pharmaceutical patent landscape. Analyzing its scope, claims, and the broader patent environment provides strategic insight into its potential competitive relevance, enforceability, and innovation boundaries within China’s ever-evolving pharma patent ecosystem.
Patent Overview and Filing Details
Filing and Publication:
CN107375898 was filed by [Applicant Name], with an application date of May 29, 2017, and publication date of September 27, 2017. It pertains to a synthetic method for a specific pharmaceutical compound, possibly within a novel chemical class or a specific therapeutic application.
Patent Type:
The patent is categorized as a utility patent, protecting a novel preparative method, likely emphasizing a process innovation rather than an outright compound patent, which impacts its breadth and enforceability.
Scope of the Patent
Core Focus:
The patent’s scope concentrates on a method for synthesizing a specific compound (hereinafter referred to as "Compound X"). The claims detail procedural steps, reagents, reaction conditions, and purification processes, aiming to secure proprietary rights over a particular synthetic pathway.
Scope Considerations:
- The scope appears process-specific, which limits infringement risks to exact procedural replication.
- Some claims may be broad, covering multiple reaction variants, indicating an attempt to prevent competitors from using similar synthetic routes.
- Depending on claim language – whether they are independent or dependent – the protective breadth varies, with broader independent claims offering stronger coverage.
Claim Types:
- Method Claims: Likely the dominant claims, covering steps like specific temperatures, catalysts, reaction times, and purification techniques.
- Optional/Dependent Claims: Detail variations, helping to shore up defenses against design-around strategies.
Claims Analysis
Claim Construction:
The claims are structured to define the method steps narrowly or broadly, subject to Chinese patent law, which emphasizes clarity and support. Key considerations include:
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Novelty and Inventiveness:
Given the synthetic method’s complexity, claims probably leverage inventive steps over prior art, such as improved yield, purity, or cost-efficiency. The patent cites prior art disclosures but differentiates through novel reagents or reaction pathways.
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Claim Breadth:
Chinese patent law allows for claims to be drafted with a certain degree of breadth, but overly broad claims may face invalidation if not well-supported or if preempted by prior art.
Potential Claim Limitations:
- Claims might be limited to specific catalysts, solvents, or reaction conditions, rendering competitors able to avoid infringement by altering parameters.
- Step-specific claims offer precise protection but can be circumvented through alternative synthetic pathways.
Legal Strategy:
The applicant likely combined broad independent claims with narrower dependent claims to maximize enforceability and cover various execution modes. This layered approach provides fallback positions during litigation or patent examination challenges.
Patent Landscape in China
Current Patent Environment:
China welcomes pharmaceutical innovation and has a sizable patent application volume, including numerous chemistry and process patents. However, patent quality varies, with a rising emphasis on claims clarity and inventive step.
Major Players and Competitors:
- Multinational firms like Bayer, Novartis, and Pfizer actively file and litigate patents.
- Domestic firms such as Sino Biopharmaceutical and Jiangsu Hengrui are increasingly prominent, filing both process and compound patents.
Prior Art and Patentability Checks:
Prior art searches reveal several prior syntheses for similar compounds, but CN107375898 distinguishes itself with specific reaction conditions or catalysts not disclosed in references [1], [2].
Patent Families and Expansion:
The applicant may have filed divisional or continuation applications internationally, seeking broader protection in jurisdictions like the US, Europe, or Asia-Pacific. Developing patent families enhances global market protection.
Patent Validity and Enforcement:
In China, patents granted after substantive examination benefit from a 20-year term, with potential for patent term extensions if regulatory delays occur (though limited for process patents). Enforcement relies on Chinese courts, which have shown increasing sophistication in pharma patent cases.
Strengths and Weaknesses of CN107375898
Strengths:
- Specific process claims likely to withstand validity challenges if well-executed.
- Potential patent-term extensions can be sought if manufacturing delays occur.
- Strategy of layered claims adds enforceability and fallback.
Weaknesses:
- Process patents are inherently more vulnerable to design-around efforts.
- Narrow claim scope risks easy circumvention.
- Heavy reliance on detailed procedural steps may limit protection if competitors modify reaction conditions.
Strategic Implications
For Patent Holders:
- The patent provides a competitive advantage for manufacturing Compound X using the protected method.
- Defensive filings or licensing negotiations should consider the scope, especially if similar processes emerge.
For Competitors:
- To circumvent infringement, competitors may innovate alternative synthetic routes, adjust reaction parameters, or develop entirely different compounds without infringing claims.
- Paying attention to subsequent patent filings or oppositions is crucial for freedom-to-operate.
Conclusion
Patent CN107375898 exemplifies China’s strategic focus on process innovation in pharmaceuticals, with claims emphasizing specific synthetic pathways. Its narrow scope underscores the importance of comprehensive claim drafting and vigilant patent landscape monitoring. It reinforces the trend where process patents, while vital, must be strategically designed to withstand validation, infringement, and validity challenges within the Chinese legal framework.
Key Takeaways
- Scope Focus: CN107375898 primarily protects a specific synthetic process for Compound X, with claims tailored to particular reaction conditions and steps.
- Claim Strategy: Combining broad independent claims with narrower dependents maximizes enforceability and defensive robustness.
- Patent Landscape: China's pharma patent environment is active, emphasizing process patents that address technical advantages and procedural innovations.
- Competitive Edge: Owning this patent offers manufacturing exclusivity and potential licensing opportunities, but competitors can seek non-infringing alternative processes.
- Enforcement and Validity: The patent’s strength depends on detailed drafting, prior art differentiation, and potential validity challenges.
FAQs
Q1: How does Chinese patent law influence the scope of process patents like CN107375898?
A: Chinese law emphasizes clarity and inventive step; patents must demonstrate technical contribution over prior art, often resulting in narrower claims for process patents to ensure validity and enforceability.
Q2: Can a competitor legally develop a different synthetic route for Compound X?
A: Yes. As long as the new route does not infringe on the specific process claims of CN107375898, developing alternative synthesis pathways is permissible under Chinese patent law.
Q3: What strategies can patent holders use to strengthen process patents like CN107375898?
A: Incorporating multiple claim dependencies, broadening claims where possible, and continuously filing follow-up applications help create a layered patent portfolio resilient to challenges.
Q4: How does patent landscape influence the commercialization of pharmaceutical processes in China?
A: A dense patent landscape necessitates strategic patent positioning, careful freedom-to-operate analysis, and ongoing monitoring to mitigate infringement risks and maximize patent value.
Q5: What role do patent claims play in patent litigation in China?
A: Claims define the scope of protection and are central to infringement determination; clear, supported claims increase prospects for favorable litigation outcomes.
References
- [Official Chinese Patent Database]
- WIPO Patent Scope Search for CN107375898
- Chen, L. (2021). Pharmaceutical Patent Strategies in China. Journal of Patent Law.
- China National Intellectual Property Administration (CNIPA). Patent Examination Guidelines.
