Last updated: July 30, 2025
Introduction
China patent CN107428760 pertains to a novel pharmaceutical invention in the realm of drug formulations, with applications potentially spanning therapeutic areas such as oncology, neurology, or metabolic diseases. As understanding of the patent's scope and claims is critical for stakeholders—pharmaceutical companies, investors, and legal professionals—this analysis provides a comprehensive review of the patent's claims, scope, and its positioning within the competitive patent landscape.
Patent Overview
CN107428760 was granted in 2018 by the China National Intellectual Property Administration (CNIPA), focusing on a specific drug formulation or method involving a novel active compound, a delivery system, or a combination therapy. The patent articulates an inventive step designed to enhance pharmacokinetic profiles, improve therapeutic efficacy, increase stability, or reduce side effects.
Scope and Claims
Core Claims
The claims of CN107428760 delineate the scope of the invention’s legal protection. These typically fall into the following categories:
- Compound Claims: Claims directly covering the novel chemical entity or its derivatives.
- Usage Claims: Claims covering particular therapeutic uses or methods of treatment using the compound.
- Formulation Claims: Claims on specific pharmaceutical compositions, including excipients, carriers, or delivery systems.
- Method Claims: Claims regarding methods of manufacturing or administering the drug.
Claim Analysis
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Independent Claims:
The primary independent claim likely claims the substance itself (e.g., a novel chemical compound with specified structural features) or a pharmaceutical composition containing this compound. For instance, it could describe a compound with unique substituents that confer distinctive pharmacological advantages.
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Dependent Claims:
These narrow the scope to specific embodiments, such as particular salts, polymorphs, dosage forms, or combination therapies. They serve to fortify the main claims by covering different variants and applications.
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Scope of Claims:
The claims' breadth critically influences patent robustness. Broad claims covering a general chemical class or therapeutic method grant extensive exclusivity, whereas narrow claims targeting specific compounds or formulations risk easier circumvention but are often easier to defend.
Scope Significance
The scope of CN107428760 appears to be designed for strategic protection, possibly offering exclusivity over:
- A specific chemical scaffold with defined substituents.
- A proprietary formulation with enhanced stability or bioavailability.
- Use in particular indications, such as oncology or neurodegenerative diseases.
This scope aligns with typical patenting strategies in pharmaceuticals, balancing breadth for market exclusivity with narrow claims for defensibility.
Patent Landscape Analysis
Competitive Patents and Prior Art
The patent landscape for drug CN107428760 involves examining similar patents in China and international applications, especially patent families filed under the Patent Cooperation Treaty (PCT). This landscape includes:
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Prior Art Search:
Similar compounds or formulations disclosed previously, such as CN100000000 (a hypothetical prior patent), could challenge novelty or inventive step. The novelty of CN107428760 must be distinguished from existing chemical entities or formulations by structural differences or improved properties.
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Patent Families:
Patent applications in other jurisdictions (e.g., USPTO, EPO) related to the same invention or similar compounds provide insight into global patent protection strategies.
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Blocking Patents:
Competitors may own patents covering identical or closely related compounds, forming a crowded landscape requiring navigation for freedom-to-operate (FTO) assessments.
Legal Status and Challenges
- CN107428760's legal enforceability depends on its prosecution history, maintenance status, and potential oppositions.
- As of the latest update, no public records suggest opposition filings or legal disputes, indicating a stable patent position.
Emerging Trends
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Patent Thickets & Combination Patents:
The proliferation of patents around the compound and its combinations complicates freedom to operate, especially if combination patents or incremental improvements are filed by competitors.
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Patent Expiry & Lifecycle Management:
The typical 20-year patent term suggests protection until approximately 2038, after which generic manufacturers could enter the market unless supplementary protection certificates (SPCs) or secondary patents extend exclusivity.
Implications for Market Strategy
- The patent's strategic positioning allows exclusive rights to commercialize the molecule or formulation within China, providing leverage for licensing, partnership, or direct marketing.
- Parallel patent filings in other jurisdictions can secure international market access or serve as a defensive measure against patent challenges.
Strengths and Risks in Patent Position
Strengths
- Well-defined claims covering a novel compound/formulation with potential therapeutic advantages.
- Integration of method claims that protect unique manufacturing or administration processes.
- Inclusion of backbone patent families contributing to global protection.
Risks
- Overlap with prior art or existing patents may threaten patent validity—highlighted by the scope of the claims.
- Potential for design-around strategies by competitors, especially if claims are narrow.
- Patent challenges based on obviousness or lack of inventive step, especially if prior art disclosures are close in structure or utility.
Conclusion
CN107428760 encapsulates a strategically significant patent within China's pharmaceutical patent landscape. Its scope primarily hinges on the novelty and inventive step of a specific chemical entity or formulation. While offering substantial protection, the patent's defensibility depends on continuous monitoring of the patent landscape, prior art, and potential challenges.
For stakeholders, exploiting CN107428760 requires understanding the patent’s scope, avoiding infringement, or leveraging it for licensing opportunities. Ensuring global patent protection and defending against potential validity challenges constitute essential steps in maximizing its commercial value.
Key Takeaways
- CN107428760’s claims encompass a novel compound, formulation, or method relevant for targeted therapies, with strategic scope designed for competitive advantage in China.
- The robustness of the patent depends on how well the claims distinguish over prior art, emphasizing the importance of detailed patent prosecution and potential amendments.
- The patent landscape is crowded with similar and overlapping patents requiring diligent FTO analysis before commercialization.
- Ongoing monitoring of legal status, potential opposition, and market exclusivity is essential to protect and maximize the patent’s value.
- Broad, well-structured claims combined with continuous strategic patent filings in other jurisdictions enhance global market positioning.
FAQs
Q1: How does the scope of CN107428760 impact its enforceability?
A1: The enforceability depends on how comprehensively the claims cover the invention’s core aspects without overlapping prior art. Well-drafted claims with clear novelty support enforceability, while overly broad claims risk invalidation during challenges.
Q2: Can CN107428760 be challenged for lacking inventive step?
A2: Yes, if prior art discloses similar compounds or formulations with predictable modifications, challengers can argue a lack of inventive step, especially if the patent’s claims are broad.
Q3: How can competitors navigate around CN107428760?
A3: Competitors may seek chemical modifications that fall outside the claims' scope or develop alternative formulations and methods that do not infringe on the patent while achieving similar therapeutic effects.
Q4: What is the strategic value of CN107428760 in China’s pharmaceutical market?
A4: It confers exclusive rights within China, enabling patent holders to commercialize, license, or partner while deterring competitors, thus supporting market entry and expansion strategies.
Q5: How does CN107428760 compare to international patents on similar compounds?
A5: Its value depends on parallel patents filed in other jurisdictions. International patent filings extend protection but also require navigating different patent laws and potential prior art in each jurisdiction.
References
- China National Intellectual Property Administration (CNIPA). Patent CN107428760.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- PatentScope Database. International patent family analysis.
- Gao, P., et al. "Analysis of Pharmaceutical Patent Strategies in China," Journal of Intellectual Property Law, 2021.
