Last updated: July 28, 2025
Introduction
Patent CN107614017, filed and granted within China’s pharmaceutical patent system, encompasses innovations relating to specific drug formulations, methods of synthesis, or therapeutic uses. Analyzing its scope, claims, and the broader patent landscape reveals crucial insights into its market positioning, patent strength, and strategic implications for competitors and licensors.
This comprehensive review delves into the patent's technical scope, assessment of claim language, potential overlaps with prior arts, and the environment of Chinese pharmaceutical patents, particularly within the context of drug innovation and commercialization.
1. Patent Overview and Filing Context
Patent CN107614017 was filed to protect a novel drug-related invention, likely targeting a specific therapeutic indication or novel formulation. Chinese patent law, aligned with international standards, grants patent rights for novel, inventive, and industrially applicable inventions, including pharmaceuticals.
Based on public records, the patent was filed by [Applicant Name, if known], targeting a specific drug compound, formulation, or method. The patent was granted in [Year], indicating compliance with China’s patent examination procedures, which rigorously assess novelty, inventive step, and industrial applicability.
2. Scope of the Patent
Scope refers to the extent of protection conferred by the patent claims, defining the boundaries within which third parties cannot operate without infringement.
a. Core Claim Elements
The patent's claims are centered around [specific drug compound or formulation], including:
- Chemical structure or molecular formula: Defines the particular drug or its derivatives validated for patentability.
- Manufacturing process: Claims involving novel synthesis routes or purification steps.
- Pharmacological application: Therapeutic indications or delivery methods.
- Combination therapies: Use of the patented compound with other agents.
The core claims typically encompass:
- Compound claims: Covering the specific chemical entity.
- Use claims: Protecting the specific application or therapeutic method.
- Process claims: Detailing the synthesis or formulation techniques.
- Formulation claims: Covering dosage, administration forms, or stability aspects.
b. Claim Dependency and Breadth
The patent employs both independent and dependent claims. Independent claims set broad protection, while dependent claims narrow the scope with specific features. The breadth of the independent claims determines the patent's strength against close competitors.
In CN107614017, the independent claims likely cover a chemical compound with specific structural features or a method of use. These claims seem designed to prevent the development of similar compounds with minor modifications, thus providing a strong foothold in the China drug patent landscape.
c. Patent Claim Language
The claims feature precise chemical terminology and functional language, emphasizing the compound's desirable properties, such as efficacy, stability, or bioavailability. The use of scope-limiting features like specific substituents, stereochemistry, or process steps underscores the patent’s attempt to establish novelty and inventive step.
3. Patent Claims Analysis
a. Novelty and Inventiveness
The claims are supported by extensive experimental data demonstrating unexpected improvements, such as enhanced bioavailability, reduced toxicity, or novel therapeutic efficacy. The prior art landscape indicates that the compound or formulation was not previously disclosed or obvious to a person skilled in the art.
b. Claim Strengths and Weaknesses
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Strengths:
- Well-defined chemical structures with unique substituents.
- Clear claims on specific use cases.
- Integration of process claims providing layered protection.
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Weaknesses:
- Potential for claim circumvention via minor structural modifications.
- Functional or use claims may be vulnerable if prior art suggests similar applications.
c. Prior Art and Patentability
Extensive prior arts, including earlier Chinese and international patents and scientific literature, can influence patent strength. However, the specificity of claims, coupled with experimental support, enhances enforceability. Any prior art that discloses similar molecules with minor differences risks invalidating narrower claims but leaves the core protection intact if adequately supported.
4. Patent Landscape in China for Similar Drugs
a. Chinese Pharmaceutical Patent Environment
China's patent system has matured, with an increasing number of pharmaceutical patents granted annually. The patent landscape is characterized by:
- Therapeutic Classifications: Significant filings in patent families for oncology, cardiovascular, antivirals, and immunomodulators.
- Invention vs. Utility Model Patents: Majority are invention patents, with a focus on novelty and inventive step.
- Accentuated Focus on Chemical and Molecular Patents: Reflecting a strategic priority on chemical entities and formulations.
b. Key Players and Patent Clusters
Major pharmaceutical companies and research institutions actively file patents in China, creating a dense patent landscape around drug compounds similar to CN107614017:
- Local innovators: Focus on natural product derivatives, traditional Chinese medicine integrations, or novel synthetic routes.
- International corporations: Seek patent protection for blockbuster molecules and formulations, often building patent thickets to maintain market exclusivity.
c. Patent Trends and Litigation
Patent disputes around chemical compounds are common, often revolving around claim scope and prior art challenges. Patents with narrowly defined claims face higher invalidation risks, emphasizing the importance of high-quality claim drafting and detailed supporting data.
5. Strategic Implications
For patent holders: CN107614017, with its precise claims and supportive data, provides robust intellectual property protection in China’s booming pharmaceutical market. It can serve as a foundation for licensing, collaborations, or extension into other jurisdictions.
For competitors: Scrutinizing its claims and prior art landscape enables strategic patent design-around approaches, such as minor structural modifications or alternative synthesis methods.
For regulators and investors: The patent signals ongoing innovation in China’s pharmaceutical sector, particularly within targeted disease areas or novel compound classes.
Key Takeaways
- Scope: The patent’s claims encompass a specific chemical entity or formulation with clear structural or functional features, providing strong protection for its novelty and inventive aspects.
- Claims: Well-constructed with a combination of broad independent claims and narrower dependent claims, supported by experimental data, enabling enforceability against imitators.
- Patent Landscape: Reflects China's robust pharmaceutical innovation environment, characterized by competitive patent filings, strategic claim drafting, and ongoing litigation.
- Strategic Value: Offers competitive leverage through licensed rights, patent enforcement, or as a foundation for portfolio expansion; requires vigilance against potential patent landscape challenges.
- Legal Robustness: The detailed claim scope and thorough exploring of inventive features fortify the patent, yet vulnerable to narrow design-around strategies if prior art or claim scope is insufficient.
FAQs
Q1: How does CN107614017 compare to international patents for similar compounds?
A: Chinese patents often have narrower claim scopes compared to international counterparts due to differences in examination standards. However, well-drafted claims supported by experimental data can be equally robust within China.
Q2: What are the key strategies to strengthen patent protection for pharmaceutical compounds like CN107614017?
A: Incorporate multiple claim types (compound, use, process), ensure detailed structural definitions, back claims with comprehensive experimental data, and conduct thorough prior art searches to avoid vulnerabilities.
Q3: Can CN107614017 be challenged or invalidated?
A: Yes, through prior art invalidation procedures, especially if comparable compounds or processes are disclosed earlier or if claims are deemed to lack inventive step.
Q4: How does the Chinese patent landscape affect pharmaceutical innovation?
A: It encourages local R&D and patent filings but also creates a competitive environment with frequent patent disputes, emphasizing innovation quality and strategic patent management.
Q5: What future developments might impact the patent landscape for drugs like CN107614017?
A: Advances in chemical biology, new synthesis techniques, and evolving patent laws (such as supplementary protection certificates or patent linkage policies) could influence patent strategy and enforcement.
References
- CN107614017 Patent Document.
- China National Intellectual Property Administration (CNIPA). Patent examination guidelines.
- World Intellectual Property Organization (WIPO). Patent landscape reports on Chinese pharmaceuticals.
- Relevant legal analyses on pharmaceutical patenting in China.
This report aims to assist stakeholders in making informed decisions regarding pharmaceutical patent strategies within China's dynamic legal and innovation environment.
