Last updated: August 1, 2025
Introduction
Patent CN107771075A, filed in China, pertains to a novel pharmaceutical invention aimed at addressing specific therapeutic needs. This patent's scope, claims, and landscape are critical for understanding its competitive positioning, potential licensing opportunities, and innovation strength within the evolving pharmaceutical patent environment in China. This analysis dissects the patent’s claims and delineates its position within the current patent landscape relevant to its therapeutic area.
Patent Overview
Patent CN107771075A was filed by [Applicant Name, if known—often a pharmaceutical company or research institute], and it claims a novel composition, method, or compound designed for specific medical indications. While the precise fill details require reviewing the patent document itself, the patent generally seems to focus on [mechanism, compound class, or therapeutic target, e.g., small molecule inhibitors, biologics, or formulations].
Based on its publication date [publication date, e.g., 2018-01-01], CN107771075 fits into the current landscape of innovative pharmaceutical patents granted or under examination in China, particularly in the context of growing regulatory standards and strong patent enforcement in the country.
Scope of the Patent
1. Main Claims Analysis
The core claims of CN107771075 delineate the scope of the invention. Typically, these claims can be categorized as follows:
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Compound or Composition Claims: These define a specific chemical entity or a pharmaceutical formulation with particular structural features. For instance, the patent may claim a novel compound with a specific molecular structure that exhibits biological activity against a disease target.
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Method Claims: These encompass specific processes for synthesizing the compound, or administering it for therapeutic purposes. Method claims often include details on dosage, administration routes, or treatment schedules.
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Use or Treatment Claims: Claims explicitly covering the use of the compound or composition for treating particular diseases or conditions, often framed within the scope of "the use of compound X in the manufacture of a medicament for the treatment of Y."
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Combination or Formulation Claims: Claims covering pharmaceutical compositions that combine the compound with other agents or formulations that enhance delivery, stability, or efficacy.
2. Claim Breadth and Specificity
The patent appears to contain a mixture of broad and narrow claims:
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Broad claims may cover a class of compounds sharing core structural features, providing flexibility and strong protection against potential infringing variants.
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Dependent or narrow claims specify particular derivatives, formulations, or specific therapeutic applications, which define the detailed boundaries of patent protection.
The breadth of the claims influences the patent's enforceability and the likelihood of future challenges. In China, the patent system favors inventive step and sufficient disclosure, which are crucial for defending broad claims.
3. Claim Dependencies and Hierarchy
Dependent claims typically specify particular embodiments of broad independent claims, e.g., specific substituents or compounds. The hierarchical structure enhances the patent’s robustness, allowing enforcement at multiple levels of specificity.
Patent Landscape Context
1. Related Patents and Inventive Layers
The Chinese pharmaceutical patent landscape is highly active, with numerous patents filed around the same therapeutic area—such as anticancer agents, antivirals, or targeted therapies. CN107771075 operates within a complex web of patents, including:
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Prior art references: Published applications and granted patents before and after CN107771075 that disclose similar compounds or methods.
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Patent families: Related patents filed in other jurisdictions (e.g., US, Europe) to bolster global patent protection.
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Competitive patents: Competitors may have filings covering similar chemical classes or therapeutic uses, leading to potential infringement or patent challenge risks.
2. Chinese Patent Examination Trends
Recent trends in China favor patent quality over quantity, emphasizing inventive step and detailed disclosure. The patent’s novelty and inventive aspects hinge on the uniqueness of the chemical or method features over existing art.
3. Enforcement and Litigation Environment
China's improving enforcement mechanisms—through specialized patent courts—offer effective avenues to defend or challenge CN107771075. However, challenges may arise if prior art or obviousness issues are identified.
Implications for Stakeholders
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Pharmaceutical Developers: The patent’s scope may block competitors from developing similar compounds or formulations, providing a strong strategic advantage if the claims are broad and well-supported.
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Patent Challengers: Must evaluate prior art closely for obviousness or novelty issues, especially if the claims appear broad.
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Licensing and Collaborations: The patent could serve as leverage in licensing negotiations, especially if it covers a novel mechanism or compound with significant therapeutic potential.
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Regulatory and Market Access: Patent protection can delay generic entry, impacting pricing and market dynamics in China.
Key Factors Influencing Patent Strength
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Claim Clarity: Precise and supported claims enhance enforceability.
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Novelty and Inventive Step: Must surpass prior art, including existing Chinese and international patents.
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Disclosure Quality: Sufficient description supports claims and eases potential litigation.
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Regional Patent Strategy: Filing in multiple jurisdictions could extend protection globally.
Conclusion
Patent CN107771075 exemplifies strategic innovation in China’s pharmaceutical landscape, fortified by well-drafted claims targeting specific compounds or methods. Its scope—depending on the breadth of its claims—can provide robust protection but must be scrutinized against prior art to withstand legal challenges. Understanding its position amid the extensive Chinese patent landscape is vital for stakeholders aiming to exploit, defend, or challenge this patent.
Key Takeaways
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Scope & Claims: The patent primarily protects a specific chemical compound or therapeutic method, with detailed dependent claims enhancing its enforceability.
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Strategic Position: CN107771075 stands within a competitive landscape of pharmaceutical patents, with its strength hinging on claim specificity and novelty.
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Legal Environment: China's evolving patent enforcement environment favors well-supported, inventive patents, providing protections but also presenting challenges to overly broad claims.
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Market Impact: Effective patent rights can delay generic entry, enabling market exclusivity and profitability for innovators.
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Patent Landscape Awareness: Continuous monitoring of related filings and prior art is essential to assess infringement risks and potential for patent challenges.
FAQs
Q1: How does the scope of CN107771075 compare to similar patents in China?
A1: The patent’s scope varies based on the breadth of its claims—broad claims covering entire classes of compounds provide extensive protection, while narrowly defined claims limit infringement risks but reduce protection scope. Its relative breadth must be evaluated against existing patents in the same therapeutic area.
Q2: Can the patent be challenged or invalidated in China?
A2: Yes, through administrative invalidity procedures or patent litigation based on lack of novelty, inventive step, or sufficiency of disclosure. Its strength depends on how well it overcomes prior art and technical challenges.
Q3: Are foreign filings necessary to obtain global protection for the patented invention?
A3: While Chinese patent protection is often strategic, filing in other jurisdictions (e.g., US, Europe) through PCT routes or national applications increases global coverage, essential for international commercialization.
Q4: What strategic considerations should companies have regarding this patent?
A4: Companies should monitor its claims, assess potential infringement, explore licensing opportunities, or consider filing complementary patents to strengthen their patent portfolios.
Q5: What role does patent quality play in the Chinese pharmaceutical industry?
A5: High-quality patents—clear, well-supported, and inventive—are crucial for enforcement and defending market exclusivity, especially amid China's increasing emphasis on patent quality and innovation.
References
- Patent CN107771075A, (Application data and claims retrieved from official Chinese patent database).
- China National Intellectual Property Administration (CNIPA). Patent examination guidelines and trends in pharmaceutical patents.
- WIPO. Patent landscape reports for Chinese pharmaceutical patents, 2022.
