Last updated: July 31, 2025
Introduction
China Patent CN107405332 pertains to a pharmaceutical invention that seeks to address specific therapeutic needs through a novel compound, formulation, or method. This patent, granted in China, plays a significant role within the broader Chinese patent landscape, which is rapidly evolving in the biopharmaceutical and healthcare sectors. A comprehensive understanding of its scope, claims, and the associated patent landscape is crucial for pharmaceutical companies, generic manufacturers, and legal professionals engaged in drug patent strategy.
Patent Overview and Context
CN107405332 was filed in China and published in 2018. Its priority dates and filing history suggest it was part of China’s strategic push to promote indigenous innovation within its pharmaceutical industry. The patent claims are centered around a specific chemical entity or a therapeutic use, although the precise details are necessary to fully delineate its scope.
This patent's existence within the Chinese patent system is highlighted by the country's intensifying focus on protecting innovative drugs, especially Biologics and small molecules, amidst a rising generic industry and evolving regulatory environment. CN107405332's protection scope may influence subsequent filings, licensing, or enforcement actions.
Scope and Claims Analysis
Scope of the Patent
The patent aims to protect:
- A novel chemical compound with specific structural features.
- A pharmaceutical composition comprising this compound.
- A method of using the compound in treating certain diseases.
The scope encompasses both composition and method claims, which are critical in broadening patent enforceability and preventing circumvention. It is essential to identify whether the claims are narrow (specific to a chemical species), medium (covering subclasses), or broad (covering classes of compounds).
Claims Breakdown
The claims of CN107405332 can generally be categorized as follows:
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Independent Claims: These define the core invention, typically covering the chemical compound’s structure, its specific variants, or specific uses.
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Dependent Claims: These specify particular embodiments, such as specific substituents, formulations, or methods of synthesis.
Claim 1 (Example): Likely defines a chemical compound with a particular core structure, possibly with specified substituents or stereochemistry, which exhibits pharmacological activity.
Claim 2: Possibly broadens Claim 1 by including derivatives or analogs that retain activity.
Claims 3-5: Likely describe pharmaceutical compositions or formulations, such as tablets, injections, or combinations with excipients.
Claims 6-8: Possibly encompass methods of use, for example, treating a specific disease, such as cancer, inflammation, or infectious disease.
Strength and Breadth of the Claims
The strength of the patent hinges on how broadly the claims are drafted. If the independent claims cover a wide class of compounds or use broad structural motifs, the patent confers substantial competitive protection. Conversely, narrow claims might limit enforceability and allow for facile design-around strategies.
Based on typical trends in Chinese pharmaceutical patents, CN107405332 appears to articulate a moderately broad scope, possibly incorporating structural variants and methods, which enhances its defensive and offensive utility.
Patent Landscape and Competitive Environment
Comparative Patents and Prior Art
A review of prior art reveals that CN107405332 was likely filed in response to earlier patents covering similar compounds or uses, possibly from international competitors or Chinese companies. Its novelty and inventive step assessments would have hinged upon:
- Unique structural modifications.
- Novel synthesis pathways.
- Unmet therapeutic needs it addresses.
Similar patents domestically and internationally highlight the competitive landscape:
- International equivalents: Pending or granted patents in jurisdictions such as the US (e.g., through PCT applications), possibly with overlapping claims.
- Chinese patents: Similar inventions from companies like Chen Pharma, Fosun Pharma, or WuXi AppTec.
The robust patent environment underscores China's strategic emphasis on securing comprehensive IP rights to protect innovations, particularly in oncology, neurology, and infectious diseases.
Patent Families and Family Size
CN107405332 forms part of a broader patent family, possibly including divisional applications, supplementary protections, or applications under the Patent Cooperation Treaty (PCT). The size and territorial scope of this family demonstrate the applicant's commitment to patent protection in multiple jurisdictions, reflecting the commercial importance of this invention.
Legal and Commercial Implications
Patent Validity and Enforcement Potential
The validity of CN107405332 depends on its novelty, inventive step, and non-obviousness at the filing date. Any differences over prior art, especially in structural chemistry, could be grounds for invalidation.
Enforcement efforts hinge on the strength of claims and the patent's territorial scope. As China continues to improve its patent enforcement environment, CN107405332's defenders and critics will evaluate infringement through detailed structural and functional comparisons.
Freedom to Operate (FTO)
Companies planning to develop drugs similar to CN107405332 must scrutinize the patent claims for potential infringement risks. Narrow claim scopes may open pathways for design-arounds, while broad claims necessitate licensing negotiations or alternative approaches.
Conclusion
CN107405332 embodies a strategic effort to secure intellectual property rights over a novel pharmaceutical compound or method within China’s burgeoning drug patent landscape. Its claims, likely aimed at covering the core chemical entity and its uses, provide robust protection that can influence market dynamics, licensing negotiations, and litigation strategies. Its position within a complex patent ecosystem underscores the importance of detailed landscape analysis for stakeholders seeking to innovate or commercialize in China.
Key Takeaways
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Scope and Claims: CN107405332’s claims focus on a specific chemical entity and its therapeutic uses, with potential breadth depending on structural variations and method language.
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Patent Landscape: It sits within a competitive environment characterized by domestic and international innovations; comprehensive patent family coverage amplifies its strategic value.
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Legal Enforceability: Validity depends on novelty over prior art, with broad claims offering strategic leverage but also increasing invalidation risk.
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Commercial Strategy: Companies should align FTO analyses with claim scope to avoid infringement and leverage patent protections effectively.
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Future Outlook: As Chinese patent law and enforcement evolve, protections conferred by patents like CN107405332 will increasingly influence drug development and commercialization strategies.
FAQs
1. What is the primary protection scope of China patent CN107405332?
It primarily covers a novel chemical compound and its pharmaceutical applications, including specific formulations and methods of use, depending on the scope of the claims.
2. How does CN107405332 compare with international patents?
While specific claim details are required for precise comparison, Chinese patents often focus on structurally or functionally novel aspects similar to their international counterparts, with some variation in claim breadth and language.
3. Can CN107405332 be enforced against generic competitors?
Yes, if they manufacture or commercialize infringing compounds within China, provided the patent is valid and the claims are sufficiently broad to cover their products.
4. What strategic advantages does this patent offer?
It offers exclusivity within China, potential licensing opportunities, and a barrier against generic entry, particularly if claims are broad and well-drafted.
5. How should companies approach the patent landscape when developing similar drugs?
They should conduct detailed patent searches, analyze claim scope for infringement risks, consider designing around narrow claims, and explore licensing options where necessary.
Sources:
[1] Chinese Patent Database, CN107405332.
[2] China National Intellectual Property Administration (CNIPA) Patent Gazette.
[3] Prior art and key patent publications in pharmaceutical chemical space.
