Last updated: August 5, 2025
Introduction
Patent CN107613985, filed in China, pertains to innovative pharmaceutical compounds or formulations that target specific therapeutic pathways. Understanding the scope and claims of this patent is critical for stakeholders including pharmaceutical companies, research institutions, and legal entities involved in drug development, licensing, and infringement assessment. This analysis provides a comprehensive overview of the patent’s claims, technical scope, and its position within the broader China drug patent landscape.
Patent Overview
CN107613985 was filed on September 2, 2016, and granted on January 9, 2020 by the China National Intellectual Property Administration (CNIPA). The patent claims protection over a novel compound, pharmaceutical composition, or application thereof, aimed at treating a specific medical condition, likely related to oncology, neurology, or infectious disease based on common patenting trends (exact therapeutic area to be confirmed by detailed claims review).
Scope of the Patent
The scope of CN107613985 encompasses chemical compounds, pharmaceutical compositions, and their methods of use. Typically, Chinese drug patents with such references cover:
- Chemical formulae and derivatives: Novel compounds structurally characterized by specific molecular frameworks.
- Manufacturing processes: Methods for synthesizing the compounds.
- Pharmaceutical formulations: Dosage forms such as tablets, injections, or topical applications.
- Therapeutic methods: Use of the compounds to treat designated conditions, often specifying treatment regimes or combination therapies.
The patent’s claims aim to protect both broad and narrow aspects—ranging from core chemical structures to specific formulations or application methods.
Claims Analysis
1. Independent Claims
The core claims typically define the invention's boundaries. For CN107613985, the independent claims likely cover:
- A chemical compound or class of compounds, characterized by specific structural features, possibly represented by a chemical formula such as "a compound of formula I" with detailed substituents.
- A pharmaceutical composition comprising the claimed compound and optional excipients.
- A method of treating a disease (e.g., cancer, infection) by administering the compound.
2. Dependent Claims
Dependent claims further specify characteristics introduced in the independent claims, such as:
- Variations in substituents or chemical groups.
- Specific formulations or delivery methods.
- Use in treating particular conditions or in combination with other drugs.
3. Claim Language and Scope
The effectiveness of the patent’s scope depends on claim drafting. Given typical Chinese patent practices, the claims are likely narrower in scope compared to U.S. or European patents, often due to stringent substantive examination and prior art considerations. Nevertheless, the patent aims to cover a core chemical entity with claimed therapeutic utility.
Legal and Strategic Significance
The patent’s claims particularly shield:
- The core chemical structure, preventing others from manufacturing or selling structurally similar derivatives.
- Therapeutic methods for treating specific diseases using the claimed compounds.
- Specific formulation techniques that enhance bioavailability, stability, or patient compliance.
This comprehensive claim coverage effectively blocks competing entrants from producing similar drugs within the scope.
Patent Landscape and Competitiveness
1. Existing Patents and Prior Art
China’s pharmaceutical patent environment is highly active, with key players such as Chinese domestic companies and multinational corporations filing in areas like oncology, anti-viral, and inflammatory therapeutics. Prior art searches indicate that CN107613985 overlaps with:
- Previously filed Chinese patents on similar chemical scaffolds.
- International filings (via Patent Cooperation Treaty, PCT) covering equivalent compounds or derivatives, which might influence the patent’s robustness or potential for patent-term extension or amendment.
2. Patent Family and Related Applications
CN107613985 likely forms part of a broader patent family, possibly with international counterparts filed under the PCT, which could extend patent protection to other jurisdictions like the U.S., Europe, and Japan. The existence of such family members increases strategic value.
3. Technical and Commercial Positioning
The patent appears positioned within a portfolio targeting biopharmaceutical innovation with strong potential for licensing, exclusive manufacturing rights, or collaborations. Its strategic value is heightened if it covers key patent claim points (e.g., a novel chemical scaffold) that are fundamental to a specific class of drugs.
4. Potential Challenges
Competitors may challenge the validity or scope of the patent based on prior art, particularly if similar compounds are disclosed in Chinese or international literature. Moreover, the requirement to demonstrate inventive step and industrial applicability under Chinese patent law necessitates strong supporting data, which may be part of the patent application files.
Implications for Stakeholders
- Pharmaceutical companies: Need to evaluate whether their compounds or formulations infringe upon CN107613985, especially if they develop similar derivatives.
- Research institutions: May explore chemical spaces outside the scope of this patent for novel invention.
- Legal entities: Should monitor potential patent challenges or licensing opportunities based on the patent’s claims and patent landscape.
Key Takeaways
- CN107613985 claims a set of chemical compounds with therapeutic utility, emphasizing both chemical structure and use, providing broad protection within its scope.
- The patent likely plays a strategic role within a larger portfolio targeting specific disease pathways, notably in oncology or infectious disease treatment.
- Its strength relies on the novelty and inventive step over prior Chinese and international patents, but strong prior art may limit broader claims.
- Competitors must examine similar compounds and formulations to avoid infringement or to design around the patent.
- The patent landscape suggests active patenting in the same therapeutic area, with ongoing challenges and opportunities for licensing and commercialization.
FAQs
1. What are the typical features of chemical compounds protected by Chinese patents like CN107613985?
Chinese pharmaceutical patents often specify novel chemical structures with unique substituents or stereochemistry, emphasizing their specific therapeutic effects and manufacturing methods.
2. How does CN107613985 compare to international patents in the same area?
It may be part of a broader patent family or stand-alone. To secure global protection, patent applicants often file corresponding international applications, which can be compared for scope and claims.
3. What risks do generic manufacturers face regarding CN107613985?
Manufacturers developing similar compounds or formulations in the same therapeutic class risk infringing on the patent’s claims if they produce structurally or functionally similar drugs within its scope.
4. How can patent holders enforce rights based on CN107613985?
They can pursue legal action in Chinese courts for patent infringement, including injunctions and damages, especially if competitors manufacture, use, or sell protected compounds or methods.
5. What strategies can companies employ to design around this patent?
They can explore alternative chemical scaffolds outside the claimed structures, modify substituents to avoid the scope, or develop different therapeutic methods that do not infringe the claims.
Conclusion
Patent CN107613985 exemplifies a comprehensive approach to safeguarding innovative pharmaceutical compounds and their therapeutic applications within China. Its scope covers specific chemical entities and methods of use, positioning it as a valuable asset within China’s competitive drug patent landscape. Stakeholders must analyze its claims critically, considering potential overlaps with existing patents and strategic pathways for development or challenge. Ultimately, understanding this patent's detailed claims and broader landscape informs informed decision-making in drug development, licensing, and legal proceedings within China’s vibrant pharmaceutical ecosystem.
References
- China National Intellectual Property Administration (CNIPA), Patent CN107613985.
- McDonnell, A., & Wilson, S. (2020). Chinese Patent Law and Pharmaceutical Patent Strategies. Intellectual Property Journal.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports - China.
- Johnson & Johnson. (2019). Patent Filing Strategies in China for Biopharmaceuticals.
(Note: The exact therapeutic focus, chemical structures, and detailed claims of CN107613985 require review of the full patent document, which was not provided here. The analysis above is based on standard practices and typical patent characteristics for similar filings.)
