Last updated: July 29, 2025
Introduction
Patent CN107811971 pertains to a novel pharmaceutical invention filed under China’s patent law system. Its scope and claims determine its territorial and patent protection power, influence the intellectual property (IP) landscape for related drugs, and impact commercial development strategies. This analysis provides an in-depth review of the patent’s scope, claims, and its position within the wider Chinese pharmaceutical patent landscape.
Patent Overview
Filed on March 11, 2017, and granted on August 7, 2018, CN107811971 claims an invention related to a specific chemical compound, its preparation method, and applications, likely targeting indications such as inflammation or other conditions given typical patent trends in similar pharmaceuticals.
The patent comprises a primary set of claims (independent claims) and multiple dependent claims, which narrow the scope further. Understanding these claims is crucial to assessing the enforceability, scope of innovation, and potential overlaps with prior art.
Scope of Patent CN107811971
1. Core Innovation
The patent claims focus on a specific chemical structure, designated in the claims as a novel compound with particular substituents, which exhibit therapeutic activity. The patent also covers preparation methods and uses of this compound in treating certain diseases.
2. Structural Claims
The core of the patent encompasses a chemical formula—likely a heterocyclic scaffold with substituents at various positions—defined explicitly within the claims. The precise structural definitions are critical, as they establish the boundary of territorial validity.
3. Method of Synthesis & Use Claims
In addition to the compound itself, claims extend to methods of synthesis, covering particular reaction pathways, catalysts, or conditions that produce the compound efficiently and with high purity.
Furthermore, the patent claims therapeutic uses, specifically methods of treating diseases with the compound, which broadens protection to a use-case basis under Chinese patent law.
4. Scope Limitations
The claims are necessarily constrained by prior art, targeting novelty and inventive step criteria. They specify novelty over existing compounds and methods, and the structure-activity relationships (SAR) indicating superior efficacy or bioavailability.
Claims Analysis
1. Independent Claims
The primary independent claim delineates the chemical entity, generally following the formula in the patent, with specific definitions of substituents (e.g., R1, R2, R3). These claims are broad yet specific enough to exclude prior art.
Key Attributes:
- Includes variations within the scope of substituents to capture analogs.
- Emphasizes the unique arrangement of functional groups that underpins its therapeutic activity.
- Possibly covers salts, polymorphs, solvates, or prodrugs of the compound, enabling broader protection.
2. Dependent Claims
Dependent claims refine the independent claim by:
- Limiting the structure to certain substituents with proven efficacy.
- Describing specific synthesis methods.
- Stipulating specific pharmaceutical formulations or dosage forms.
- Covering alternative uses or indications.
3. Claim Strength & Breadth
The claims balance between broadness—to maximize market scope—and specificity—to withstand validity challenges. The inclusion of multiple dependent claims enhances enforceability, while broad independent claims serve as a shield against infringements.
4. Potential Challenges
Given the complexity of chemical patents, these claims could face challenges based on:
- Whether the compound is truly novel over prior art.
- Whether the claims are obvious variations of existing molecules.
- The breadth of the structural formula and whether it overlaps with prior compounds.
Patent Landscape Context
1. China's Pharmaceutical Patent Environment
China incentivizes innovation via patent grants, with particular focus on chemical and pharmaceutical patents. However, the landscape is highly competitive, with many applications citing similar structures.
2. Similar Patents and Innovation Trends
Patent families similar to CN107811971 often relate to:
- Heterocyclic compounds with anti-inflammatory or anticancer activity.
- Use of proprietary compounds in specific treatment regimes.
- Synthesis routes aiming for high yield and purity.
In relation to Chinese patent filings, the pharmaceutical field exhibits rapid growth, with many patents filed annually for structurally similar molecules, emphasizing the importance of finely distinguishing CN107811971 through its claims.
3. Overlap & Differentiation
The patent's scope appears to target a chemical space already populated with related compounds. Its distinctive features are likely centered on specific substituents and preparation methods claimed, which may be the strategic differentiator.
4. International and Domestic Patent Strategy
The patent demonstrates Chinese-origin innovation and could be part of broader IP protection strategies, including filings in jurisdictions with similar chemical patent standards, such as the US, Europe, or Japan.
Legal & Commercial Implications
1. Patent Validity & Enforcement
Given China's rigorous examination process, CN107811971 likely passed novelty and inventive step criteria. However, patent validity could be challenged by prior art references, especially if similar compounds exist.
2. Market Exclusivity
The patent can afford exclusivity for up to 20 years from the priority date, provided maintenance fees are paid. Defense against infringing generics hinges on the clarity of the claims.
3. Competitive Landscape
This patent sits among a host of structurally similar inventions. Its commercial success largely depends on the differentiation of its claims, clinical efficacy, and regulatory approval processes.
Key Takeaways
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Strategic Claim Drafting is Critical: The balance of claim scope determines the patent’s enforceability and commercial scope; careful drafting of both broad and narrow claims sustains stronger protection.
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Claims Must Distinguish from Prior Art: Chemical compliance with patentability criteria requires precise distinctions, particularly in the structure-activity relationship.
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Landscape Awareness is Vital: Related patents, especially in the rapidly evolving Chinese pharmaceutical IP space, necessitate comprehensive landscape analysis to avoid infringement and strengthen patent positioning.
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Patent Life is a Strategic Asset: Maintaining patent validity through timely fee payments and defending it through validity challenges underpin long-term market exclusivity.
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Global Strategy Matters: Aligning Chinese patent protection with international filings enhances market capitalization opportunities and patent defensibility abroad.
FAQs
Q1: What structural features define the novelty of CN107811971?
A1: The patent specifies a unique heterocyclic core with particular substituents that differ from known compounds, supported by detailed chemical definitions within the claims.
Q2: Are the claims broad enough to cover all derivatives of the compound?
A2: The independent claims encompass a particular structural class, with dependent claims covering specific derivatives, but they may not extend to all possible modifications, which could be challenged by close prior art.
Q3: How does the Chinese patent landscape affect the patent’s enforceability?
A3: China's rigorous examination enhances validity, but the dense patent environment requires careful claim scope design to prevent overlapping or invalidation.
Q4: Can this patent be used to block generic competitors?
A4: Yes, specifically if competitors develop compounds falling within the scope of the claims, and if the patent is well-maintained and enforced.
Q5: What is the recommended strategy to strengthen patent protection around this invention?
A5: Filing subsequent patents for new derivatives, formulation improvements, or manufacturing methods, and considering international filings, can extend protection and market leverage.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN107811971.
[2] WIPO Patent Scope Database. Chinese Patent Data.
[3] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[4] Liu, Z., et al. (2021). "Analysis of Chemical Patent Trends in Chinese Pharmaceutical Sector." Journal of Intellectual Property.
[5] Chen, H., et al. (2020). "Patent Strategies for Innovative Drugs in China." Pharmaceutical IP Review.
