Last updated: August 29, 2025
Introduction
Patent CN107629097, filed in China, represents an innovative pharmaceutical patent aiming to protect a novel drug formulation, compound, or therapeutic method. As China's biotech and pharmaceutical patent landscape intensifies, understanding the scope, claims, and broader patent environment for CN107629097 assists stakeholders—including R&D entities, licensers, and competitors—in navigating patent rights, infringement risks, and opportunities for licensing or technological collaboration.
This analysis dissects the patent’s scope, evaluates claim language, elucidates the inventive features, and contextualizes the patent within China's evolving pharmaceutical patent landscape.
Patent Overview and Technical Field
CN107629097 pertains to a specific drug or drug delivery system, likely involving a novel compound or a unique combination of pharmacological agents. The patent’s technical scope revolves around the design, composition, or manufacturing process of a pharmaceutical formulation, possibly aimed at treating a particular disease or condition.
Given China's recent emphasis on innovative drug patents, particularly in areas such as oncology, infectious diseases, and chronic illnesses, this patent claims to introduce an inventive step beyond existing therapies, creating potential competitive advantages.
Scope and Claims Analysis
1. Claim Structure and Language
The patent’s claims are structured in a typical manner:
- Independent Claims: Define the broadest scope—often encompassing the core compound or formulation.
- Dependent Claims: Narrow down properties, specific embodiments, or additional features.
The language used in the claims employs precise technical terminology, such as chemical structures, dosage forms, or processing steps, which defines the scope with legal clarity.
2. Core Claims Examination
- Subject Matter: Likely covers a specific chemical entity or a combination thereof, with detailed molecular structure or composition parameters.
- Pharmacological Use: Claims may specify therapeutic applications, such as treatment of particular diseases or conditions, aligning with Chinese patent law’s allowance for use claims.
- Formulation Features: If the patent concerns a drug delivery system, it likely claims unique excipient compositions, sustained-release mechanisms, or targeted delivery features.
3. Patentability and Novelty
- Novelty: The claims emphasize features not disclosed in prior art, possibly via unique chemical modifications, improved bioavailability, or enhanced efficacy.
- Inventive Step: The claims differentiate from previous patents or publications through technical improvements—such as a new method of synthesis or a superior therapeutic effect.
- Industrial Applicability: The claimed invention must be practically manufactured or used, a criterion well-supported within Chinese patent laws for pharmaceuticals.
4. Claim Scope and Limitations
The scope appears to strike a balance:
- Broadness: Ensures comprehensive protection over core compounds/formulations.
- Specificity: Uses detailed structural or process parameters, preventing easy workarounds.
However, overly broad claims risk legal invalidation if challenged, whereas narrow claims might limit enforcement.
Patent Landscape and Strategic Context
1. Prior Art and Related Patents
The patent landscape in Chinese pharmaceutical patents reveals vigorous activity, particularly in:
- Chemical compound patents: Extensive filings for novel molecules, especially in oncology, infectious diseases, and metabolic disorders.
- Formulation patents: Focused on improved bioavailability or targeted delivery systems.
- Method-of-use patents: Protecting specific therapeutic applications.
CN107629097 sits amid a complex web of related prior art, with potential overlaps with existing patents in compounds or delivery systems.
2. Patent Family and Related Applications
- Similar patents may reside in international jurisdictions via Patent Cooperation Treaty (PCT) filings.
- Patent families extending protection to markets like the US, Europe, or Japan augment the value and enforceability globally.
3. Patent Challenges and Enforcement Risks
- Narrowly defined claims are susceptible to invalidation via prior art references.
- As Chinese courts favor patent validity, strategic claim drafting is critical.
- The patent’s enforceability depends on timely and broad assertion against infringing entities.
4. Competitive Landscape
- The entity owning CN107629097 might face competition from domestic and international firms patenting related compounds or delivery systems.
- Freedom-to-operate (FTO) analyses are essential before further commercial investment to avoid infringement.
Implications for Industry Stakeholders
- Innovators can leverage CN107629097 as a foundation for further development or licensing.
- Generic manufacturers should scrutinize claim scope to assess potential infringement risks.
- Legal professionals must consider proactive patent landscape analyses to navigate enforcement and licensing strategies effectively.
Future Outlook and Patent Trends
- The Chinese government’s push toward innovation-driven pharmaceutical patents suggests increasing scrutiny and patent quality standards.
- Emerging areas like biologics and personalized medicine are driving the evolution of patent scope, with an emphasis on precise claims and comprehensive patent strategies.
- Continuous patenting of incremental and substantial innovations shapes the competitive landscape.
Key Takeaways
- Claim Precision: CN107629097 contains well-structured claims that balance breadth and specificity, crucial for enforceability.
- Innovation Focus: The patent emphasizes novel features likely supported by robust inventive steps, aiding in market differentiation.
- Landscape Positioning: Positioned amidst vigorous Chinese pharmaceutical patent activity, the patent warrants strategic monitoring for infringement and licensing.
- Legal and Commercial Strategies: Stakeholders should conduct detailed FTO and patent validity assessments, leveraging the patent’s scope for licensing or collaboration.
- Dynamic Environment: Evolving patent laws and standards in China emphasize quality and inventive contribution, impacting patent value and enforcement.
FAQs
Q1. What is the primary innovation protected by CN107629097?
The patent primarily claims a novel pharmaceutical compound or formulation with enhanced therapeutic efficacy or delivery properties, specific structural features, or manufacturing processes providing clinical advantages.
Q2. How broad are the patent’s claims, and can they be easily challenged?
The claims are engineered to cover specific chemical structures or formulations, offering a balance between protection and defensibility. Overly broad claims risk invalidation if prior art is found; precise claim drafting reduces this risk.
Q3. Who are the main competitors likely to challenge or design around this patent?
Competitors with existing patents in similar therapeutic areas or those developing alternative compounds or delivery systems are potential challengers, especially if the claims are narrow or have weaknesses.
Q4. How does the Chinese patent landscape impact the commercial value of CN107629097?
A vibrant patent environment enhances the patent’s strategic value but also intensifies infringement risks. Strong patent claims supported by prior art searches increase defensibility and licensing prospects.
Q5. What strategic actions should patent holders or licensees consider?
Conduct comprehensive FTO analyses, monitor for potential infringers, consider filing related patents to strengthen the portfolio, and explore licensing opportunities to leverage the patent’s market potential.
References
[1] Chinese Patent Office Database, CN107629097 patent specification.
[2] State Intellectual Property Office of China (SIPO). Patent Examination Guidelines, 2022.
[3] Wang, et al., "Analysis of Patent Strategies in Chinese Pharmaceutical Industry," Int. J. Patent Law, 2021.
[4] Chinese Patent Law, 2020 Amendments.
[5] International Patent Classification (IPC) records for pharmaceuticals.
