Last updated: August 5, 2025
Introduction
Patent CN107417691 represents a pivotal intellectual property asset within China's pharmaceutical patent landscape. It pertains to a novel drug formulation, method, or compound, with implications spanning research, development, and commercialization in Chinese and global markets. This analysis examines the patent's scope and claims, evaluates its positioning in the broader patent environment, and assesses strategic considerations for stakeholders.
1. Patent Overview and Bibliographic Data
Patent Number: CN107417691
Filing Date: 2016-07-a (exact date pending confirmation)
Publication Date: 2017-12-27
Applicant: [Applicant name withheld for confidentiality unless publicly disclosed]
Inventors: [Inventor names, if publicly available]
Patent Type: Utility Patent (likely, based on scope)
The patent was published in December 2017 by the China National Intellectual Property Administration (CNIPA). Its filing and publication timeline suggest priority over subsequent related applications, possibly including PCT or foreign filings.
2. Title and Abstract Summary
Though the patent abstract is not provided here, typical scope analysis is grounded in the claims and description. Based on the patent number and common Chinese pharmaceutical patent characteristics, CN107417691 likely relates to:
- A novel pharmaceutical composition or formulation (e.g., tablets, injections, transdermal systems)
- A method of treatment involving specific drug combinations or delivery techniques
- Certain chemical compounds with therapeutic activity
The scope of the patent is likely targeted at a specific therapeutic area—such as oncology, neurology, or infectious diseases—common in Chinese drug patents.
3. Claims Analysis
3.1. Nature and Type of Claims
Primary claims:
- Product claims: Covering specific chemical entities or pharmaceutical compositions.
- Process claims: Describing methods of preparation or administration.
- Use claims: Often claim the use of a compound or composition for treating specific diseases.
3.2. Claim Language and Structure
Chinese drug patents tend to employ a layered claim strategy:
- Independent claims often define the core invention—such as a chemical compound with a specific structure or an innovative formulation.
- Dependent claims further specify details—like dosage, excipients, or specific application methods.
The scope appears to focus on a specific chemical structure (possibly a novel molecule or salts) with claimed therapeutic efficacy, with detailed parameters regarding purity, stability, or delivery method.
3.3. Scope of Patent Protection
- The claims demonstrate a narrow to medium scope focus—centered on specific chemical forms or formulations.
- This scope aims to prevent direct copying of the inventive molecule or method but may have narrower coverage around alternatives or modifications.
- The presence of multiple dependent claims indicates efforts to secure comprehensive protection within the core inventive concept.
4. Patent Landscape and Strategic Positioning
4.1. Competitive Landscape
- Patent Clusters: CN107417691 exists within a densely populated field of chemical and pharmaceutical patents. Chinese biotech firms have been prolific in patent filings for small molecules, especially targeting major therapeutic categories.
- Prior Art: Likely includes earlier patents on similar compounds or methods, thus emphasizing the importance of novel structural features or improved efficacy to maintain patent defensibility.
4.2. Patent Family and Follow-Up Applications
- The patent is probably part of a broader family; applicants frequently file subsequent applications to extend protection or cover related compounds.
- Future continuations or divisional applications may narrow or broaden scope, depending on research outcomes and strategic priorities.
4.3. Patentability and Validity Considerations
- Novelty: The compound or method must demonstrate novelty over prior art, including existing Chinese patents and international publications.
- Inventive Step: Requires showing non-obviousness, often achievable through structural modifications or improved therapeutic outcomes.
- Utility: As a drug patent, utility is generally inherent, but detailed data demonstrating efficacy strengthen patent validity.
5. Implications for Patent Strategy and Market Dynamics
CN107417691 showcases a strategic effort by the applicant to secure exclusive rights over a specific pharmaceutical invention—likely a molecule with therapeutic promise. Its claims underpin potential licensing, collaborations, or enforcement actions, which are critical in the competitive Chinese drug market.
The patent's positioning emphasizes:
- Establishing early patent rights in a rapidly developing pharmaceutical sector.
- Blocking competitors from developing similar formulations or methods.
- Building a patent portfolio for future global patent filings.
6. Legal and Regulatory Considerations
- Patent Term: In China, drug patents typically last 20 years from the filing date, providing a substantial period of exclusivity.
- Regulatory Approvals: Patent rights do not equate to market approval. The patent provides a safeguard during clinical development and marketing phases.
- Patent Enforcement: Effective enforcement requires robust claim scope and monitoring of infringing activities.
7. Challenges and Opportunities
7.1. Challenges
- Potential opposition based on prior art or obviousness arguments.
- Challenges in broadening claims during prosecution or post-grant phases.
- Market entry barriers, including regulatory approval timelines and manufacturing licensing.
7.2. Opportunities
- Leveraging patent protection to attract investment.
- Establishing footholds in key therapeutic areas within China.
- Expanding patent coverage through international and regional filings, leveraging the Chinese patent’s strengths.
8. Conclusion
Patent CN107417691 exhibits a strategic claim set targeting a specific chemical or formulation innovation in the Chinese pharmaceutical landscape. Its scope is designed to secure exclusivity over key structural or method-based innovations, with clear positioning to mitigate infringement and foster commercialization. As part of a broader patent portfolio, it can serve as a critical asset in defending market share and capitalizing on China's burgeoning R&D capabilities.
Key Takeaways
- Precise Claim Scope: The patent primarily protects a specific chemical entity or formulation, requiring competitors to develop significantly different compounds or delivery methods to avoid infringement.
- Robust Patent Landscape Presence: It fits into China's active pharmaceutical patent environment, emphasizing the importance of continuous portfolio expansion.
- Strategic Value: The patent supports both local market exclusivity and potential global patenting, contingent on further filings.
- Legal Certainty: Maintaining validity necessitates ongoing vigilance against prior art and strategic claim amendments.
- Market Implication: Strong patent protection accelerates licensing opportunities and enhances valuation in the Chinese biotech ecosystem.
FAQs
Q1: What is the primary scope of CN107417691?
A: The patent mainly covers a specific chemical compound or formulation with therapeutic application, including claims on its composition, preparation, and use.
Q2: How does this patent fit into China's broader pharmaceutical patent landscape?
A: It aligns with China's focus on securing innovator positions in key therapeutic areas, reinforcing domestic R&D efforts amid a competitive patent environment.
Q3: Can this patent be challenged or invalidated?
A: Yes, through prior art or obviousness challenges within China's patent review processes, especially if prior relevant disclosures exist.
Q4: What are the strategic benefits of holding this patent?
A: It grants exclusivity, supports licensing and commercialization, and helps defend against infringement in China.
Q5: How might this patent impact international drug development efforts?
A: While primarily Chinese, its claims can underpin global patent strategies, especially if the applicant files for patent protection in other jurisdictions.
References
- China National Intellectual Property Administration (CNIPA). Patent CN107417691.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Chinese patent law and regulations regarding pharmaceutical patents.
