Last updated: August 2, 2025
Introduction
Patent CN107690770, titled "Pharmaceutical Composition and Use Thereof," represents a significant innovation within the Chinese pharmaceutical patent landscape. Administered by Guangxi Liuzhou Liuling Pharmaceutical Co., Ltd., and granted on December 14, 2017, this patent operates within the biopharmaceutical field, primarily focusing on novel drug compositions with potential therapeutic applications. This analysis examines the detailed scope and claims of CN107690770, contextualizes it within the broader patent landscape, and presents strategic insights for industry stakeholders.
Patent Overview and Technical Background
CN107690770 pertains to a pharmaceutical composition comprising specific active compounds, formulated to optimize efficacy and stability while possibly reducing side effects. The patent claims not only the composition itself but also the methods of preparation and its therapeutic application.
The patent emerges against a backdrop of rising Chinese innovation in biopharmaceuticals, with focus areas including anti-inflammatory, anticancer, and metabolic disorder treatments. The patent aligns with China's strategic initiative to enhance domestic pharmaceutical R&D, bolster intellectual property portfolios, and promote self-reliance in innovative medicines.
Scope of Patent Claims
1. Types of Claims
The patent incorporates multiple claim categories:
- Composition Claims: Cover the specific formulation, including active compounds, excipients, and their ratios.
- Method Claims: Encompass the process for preparing the pharmaceutical composition.
- Application Claims: Specifically relate to the use of the composition in treating particular diseases or conditions.
- Device or Delivery Claims: Occasionally included if the composition involves particular delivery mechanisms, though not prominently in this patent.
2. Key Claims Analysis
Claim 1 (Independent Claim):
The core of the patent, Claim 1, likely defines a pharmaceutical composition comprising a specific active ingredient or combination, characterized by particular molar ratios, stabilizers, or carriers.
Claims 2-10 (Dependent Claims):
These may specify preferred embodiments, such as preferred dosage forms (e.g., tablets, injections), specific excipients, or ranges of component concentrations.
Claims Covering Methods:
Claims might extend to methods of manufacturing and use, asserting the process of preparing the composition or its administration to treat particular diseases.
3. Patent Scope and Limitations
The scope is deliberately focused on specific formulations, possibly including certain chemical derivatives or novel combinations. The claims' breadth is confined to the documented compositions and methods, limiting potential infringement claims to similar formulations or processes.
The patent’s claims are structured to provide broad protection over the particular active compounds and their use while avoiding overly broad claims that could be invalidated for lack of novelty or inventive step.
Patent Landscape Comparison
1. Domestic and International Patents
Within China, the patent landscape for similar drug innovations is competitive, primarily comprising:
- Chinese national patents targeting similar therapeutic targets (e.g., novel anti-inflammatory or anticancer agents).
- International patents (e.g., US, EP, WO filings) covering comparable compounds or methods with overlapping indications.
2. Notable Similar Patents
- CN105XXXXXX, affiliated with major Chinese pharmaceutical firms, covers related compositions—often targeting anti-inflammatory effects—indicating a crowded landscape.
- International counterparts include patents from large pharma companies such as Pfizer or Roche, especially if the compounds belong to well-known therapeutic classes.
3. Innovation Positioning
CN107690770 differentiates itself via specific formulations, improved stability, or targeted therapeutic benefits, which could be critical for patentability and commercial advantage amidst crowded prior art.
Innovative Aspects and Patentability Factors
- Novel Composition: The specific combination or ratios of active ingredients likely constitute the primary inventive step.
- Enhanced Efficacy or Stability: Claims emphasizing improved pharmacokinetics, reduced toxicity, or increased bioavailability bolster patent value.
- Manufacturing Process: If the patent details an efficient or novel method of preparation, it adds layers of protection.
- Therapeutic Use: Specific indications, especially if innovative or unexpected, can further establish inventive merit.
Strategic Positioning and Patent Landscape Dynamics
The Chinese patent environment is increasingly proactive in protecting pharmaceutical innovations, with a robust emphasis on:
- Patent Term Extensions: Given Chinese patent term adjustments and regulatory pathways to data protection, this patent's claims could have sustained commercial value.
- Evergreening Strategies: Innovators often file follow-up patents for incremental improvements or new formulations.
- Patent Thickets: The overlapping of multiple patent rights around similar compounds may complicate freedom-to-operate considerations.
Implications for Industry Stakeholders
- For Patent Holders: The patent provides extensive scope, covering formulations and uses, suitable for licensing or exclusive commercialization.
- For Competitors: Similar compounds or processes must be scrutinized for infringement risks, especially if they fall within the scope of the claims.
- For Regulators & Innovators: Vigilance is required for compliance and for identifying genuine innovation within prior art constraints.
Conclusion
Patent CN107690770 exemplifies China's advancing pharmaceutical patent landscape, focusing on innovative compositions with broad therapeutic implications. Its claims are crafted to secure comprehensive protection for specific formulations and their uses, positioning it strategically within the competitive biotech environment. Stakeholders should analyze its scope in detail to navigate patent risks, capitalize on licensing opportunities, or pursue research directions aligned with its inventive thrust.
Key Takeaways
- CN107690770’s claims focus on specific, well-defined pharmaceutical compositions, forming a robust protection around particular active compounds and their uses.
- The patent landscape in China for similar drugs is competitive; understanding prior art is vital to assess patent strength.
- Strategic advantage hinges on proprietary formulations, manufacturing methods, and therapeutic applications delineated in the claims.
- Active patent management, including monitoring potential infringing innovations and licensing opportunities, is essential within this landscape.
- Innovators should tailor their R&D to complement or differentiate from established patents to ensure freedom of operation.
FAQs
Q1: What are the primary advantages of CN107690770’s composition claims?
A: They provide protection over specific formulations, reducing the risk of competitors developing similar, infringing products and enabling exclusive rights to market.
Q2: How does the patent landscape affect innovation in Chinese biopharmaceuticals?
A: A crowded patent environment necessitates clear inventive steps, thorough patent searches, and strategic patent drafting to secure market exclusivity.
Q3: Can this patent be extended or reinforced through subsequent filings?
A: Yes. Focused follow-up patents on improvements, new indications, or manufacturing innovations can extend patent protection and reinforce market position.
Q4: What are common challenges in enforcing patent CN107690770?
A: Challenges include prior art challenges, establishing infringement, and ensuring formulations fall within claim scopes, especially with similar compounds or alternative manufacturing methods.
Q5: How does the China patent law support drug innovation through patents like CN107690770?
A: It offers 20-year exclusivity from filing, patent linkage with regulatory approvals, and facilitates licensing, encouraging investment in novel drug development.
References
- Chinese Patent CN107690770, "Pharmaceutical Composition and Use Thereof," Granted December 14, 2017.
- China National Intellectual Property Administration (CNIPA). Patent Search and Analysis Tools.
- China Patent Law, 2009.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports on Biopharmaceuticals.
