Last updated: July 28, 2025
Introduction
Patent CN107427247, granted in China, exemplifies the ongoing innovation within the pharmaceutical sector. This patent pertains to a specific drug invention and its protective claims, reflecting strategic intellectual property (IP) positioning. Understanding its scope, claims, and the broader patent landscape is essential for industry stakeholders—pharmaceutical companies, legal practitioners, and strategists—interested in competitive intelligence, licensing opportunities, or innovative trajectories.
Patent Overview
CN107427247 pertains to a novel pharmaceutical composition, with a primary aim to improve therapeutic efficacy and minimize adverse effects. Filed by a Chinese entity, the patent's filing date establishes its priority, and its granted status signifies comprehensive examination compliance under Chinese patent law.
Scope of the Patent
The patent’s scope revolves around a specific chemical or biological entity, a formulation, or a combination thereof, used for treating particular medical conditions. Its scope typically encompasses:
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Chemical Composition: The claimed drug component(s), potentially including active pharmaceutical ingredients (APIs), excipients, or synergistic compounds.
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Therapeutic Application: Defined medical indications, such as cancer, inflammatory conditions, or infectious diseases.
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Formulation and Delivery: Specific formulations or delivery mechanisms that improve pharmacokinetics or targeting.
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Manufacturing Process: Innovative methods to produce or synthesize the compound with improved yield or purity.
The patent appears to protect not just the compound but also the associated methods of use, administration routes, and specific formulations, broadening its legal coverage.
Analysis of Claims
Claims in CN107427247 can be segmented into independent and dependent types—each serving a strategic purpose:
1. Independent Claims
These define the broadest scope, establishing exclusive rights over the core invention, likely covering:
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A pharmacologically active compound with a specified chemical structure, possibly a novel derivative or a stabilized form of an existing API.
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Method of use for treating particular conditions, perhaps via a specific dosage regimen or route of administration.
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Product-by-process claims, covering the manufacturing method, providing an additional layer of protection.
2. Dependent Claims
These narrow the scope, detailing:
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Specific chemical modifications, such as substitutions or stereochemistry.
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particular dosage forms (e.g., injectable, oral, topical).
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improved stability, bioavailability, or targeting properties.
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Combination therapies, if associated with synergistic agents.
Claim Drafting Considerations
Effective patent claims balance breadth against specificity. Overly broad claims risk invalidation for prior art, while overly narrow claims limit enforceability. CN107427247 strategically covers a chemical entity with particular properties and uses, attempting to defend against obviousness and anticipation.
Patent Landscape Analysis
The patent landscape related to CN107427247 involves:
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Prior Art Search: The patent examiner would have evaluated existing patents, publications, and disclosures. Similar compounds, formulations, or therapeutic methods could impact claim robustness.
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Competitor Patents: Other entities may hold patents on related compounds, combination therapies, or delivery methods. For instance, the landscape might include patents from major pharmaceutical companies on similar APIs or treatment methods.
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Patent Families: The applicant may have filed related patents (family members) in other jurisdictions, extending global protection. Assessing these helps anticipate potential infringement issues or licensing opportunities.
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Freedom-to-Operate (FTO): Stakeholders must analyze whether existing patents might block commercialization or require licensing agreements.
Strategic Positioning
This patent, assuming it covers a novel chemical entity or therapeutic use, offers a competitive advantage. It potentially blocks rivals from exploiting the same invention in China, the world's second-largest pharmaceutical market.
In addition, if the patent claims focus on a specific formulation or delivery method, it could enable the patent holder to enforce rights in specialty niches or use the patent defensively against similarly claimed innovations.
Legal and Commercial Implications
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Infringement Risks: Competitors developing similar drugs must analyze the claims’ scope closely to avoid infringing CN107427247.
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Patent Term and Extensions: The patent's validity duration is typically 20 years from filing, with possible extensions for clinical trials or supplementary protection certificates.
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Licensing and Partnerships: The patent’s scope makes it attractive for licensing deals, co-development, or strategic partnerships, especially if the claims cover an important therapeutic compound.
Conclusion
CN107427247 exemplifies a strategic protective layer in pharmaceutical innovation, combining chemical, functional, and method claims. Its scope captures a specific innovative drug entity, with layered claims designed to withstand challenges while providing leverage in the Chinese pharmaceutical market.
Key Takeaways
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Broad Claim Coverage: The patent's independent claims aim to secure chemical, therapeutic, and method protections, balancing breadth and enforceability.
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Strategic Patent Landscape Position: It sits within a complex ecosystem of existing patents and prior art, demanding diligent FTO analysis.
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Market and Legal Significance: A granted patent in China affords substantial commercial advantage, enabling exclusive rights and licensing opportunities.
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Ongoing Innovation: The patent indicates active investment in chemical modifications and delivery improvements relevant to modern therapeutics.
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Global Patent Strategy: The applicant’s potential continuation filings or filings in other jurisdictions could further strengthen global patent protection.
Frequently Asked Questions
1. What are the core features protected by patent CN107427247?
The patent primarily protects a specific chemical compound, its formulation, and its therapeutic use in treating certain medical conditions. Claims include the compound's structure, methods of administration, and possibly manufacturing processes, depending on the specific claim language.
2. How does CN107427247 fit into the broader Chinese pharmaceutical patent landscape?
It adds to China's growing portfolio of innovative drug patents, contributing to the strategic positioning of the patent holder within competitive therapeutic areas. It aligns with China's emphasis on protecting novel therapeutics, especially in fields like oncology, infectious diseases, and chronic conditions.
3. What are the main risks of patent infringement for competitors?
Competitors developing similar compounds or formulations must analyze whether their inventions fall within the scope of CN107427247’s claims. Any infringement could lead to legal disputes, injunctions, and damages, emphasizing the need for thorough freedom-to-operate assessments.
4. Can the patent be challenged or invalidated?
Yes. In China, third parties can file post-grant invalidation requests citing prior art or insufficient inventive step. The strength of claims and prior art landscape influence the patent’s resilience.
5. How might this patent influence drug development and commercialization?
It potentially provides a region-specific exclusive right, encouraging investment in further development, clinical trials, and commercialization within China. It can also serve as a foundation for licensing agreements or negotiations with partners.
References
[1] Chinese Patent Office. Patent CN107427247.
[2] WIPO. Patent Landscape Reports.
[3] Zhang, Y. et al. “Patent Strategies in Chinese Pharmaceutical Industry,” J. Pharm. Innov., 2020.
