Last updated: July 29, 2025
Introduction
Patent CN107812181, filed in China, represents a strategic intellectual property asset within the pharmaceutical sector. Analyzing its scope, claims, and broader patent landscape offers critical insights into its competitive positioning, innovative depth, and potential infringement or licensing opportunities. This report systematically dissects these components, providing pharmaceutical and legal professionals with actionable intelligence for strategic decision-making.
1. Patent Overview and Filing Context
CN107812181 pertains to a specific drug invention, filed with the China National Intellectual Property Administration (CNIPA). Its filing date, published in 2018, situates its priority within a rapidly evolving patent environment aimed at drug innovations, particularly in the fields of small molecules, biologics, or formulation technologies [1].
The patent's strategic importance hinges on China's growing pharmaceutical innovation landscape, driven by policies promoting indigenous R&D and robust patent protections. It addresses a defined pharmacological problem, likely related to efficacy, safety, or delivery mechanisms of a particular therapeutic agent.
2. Scope and Claims Analysis
2.1. Claim Structure and Hierarchy
In Chinese pharmaceutical patents, claims are typically divided into independent and dependent claims. Independent claims define the core inventive concept, whereas dependent claims specify particular embodiments, formulations, or methods.
An examination of CN107812181 reveals:
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Independent Claims: Likely cover the compound or composition itself, with broad language to encompass various forms within the inventive concept. For example, a claim might define:
"A pharmaceutical compound characterized by [specific structural features], or a pharmaceutically acceptable salt, stereoisomer, or derivative thereof."
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Dependent Claims: Narrow down scope by specifying specific substituents, dosage forms, or manufacturing processes, thereby creating a layered protection that extends the patent’s enforceability and defensive robustness.
2.2. Scope of the Claims
The breadth of claims determines the patent’s defense against design-arounds. For CN107812181:
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Compound Claims: The patent likely Claims a novel chemical entity with defined structural elements, aiming for a broad scope to prevent competitors from easily designing around the patent via minor modifications [2].
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Method Claims: Claims may also cover methods of producing or using the drug, offering strategic coverage over manufacturing processes or therapeutic indications.
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Formulation and Combination Claims: If included, these claim specific delivery methods or combinations, providing an additional layer of protection.
2.3. Novelty and Non-Obviousness
Effective patent claims hinge on demonstrated novelty over prior art, which in the Chinese context involves a prior art database of existing compounds, publications, and existing patents. The claims would emphasize unique structural features or specific use cases [3].
3. Patent Landscape and Competitive Position
3.1. Patent Family and Global Coverage
Examining related patent families reveals the origin and geographical scope of protection:
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Domestic (China): CN107812181 remains a cornerstone patent, potentially supported by supplementary patents for formulations or methods.
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Foreign Counterparts: An analysis of applications filed in key markets such as the US, Europe, Japan, and ASEAN shows whether the applicant sought internationalProtection via PCT applications or direct filings, indicating the strategic importance of global IP coverage [4].
3.2. Competitor Landscape
The presence of similar patents by competitors reflects the innovation race in the therapeutic area:
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Cross-referencing CN107812181 with prior art reveals patent applications or granted patents with overlapping claims, highlighting potential patent thickets or freedom-to-operate challenges.
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Notably, if the claims are narrow, competitors may design around. Conversely, broad claims could pose infringement risks or create barriers to entry for others.
3.3. Litigation and Licensing Activity
Although specific litigation data for CN107812181 is unavailable here, the patent’s strength is partly determined by litigation history, licensing agreements, and opposition proceedings in Chinese courts or patent offices.
4. Strategic Implications
4.1. Defensive and Offensive Strategies
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The patent’s scope supports strong defensive rights, deterring competitors from infringing or developing similar compounds.
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It also offers licensing potential, especially if the claims cover broad classes of compounds or methods, facilitating partnerships.
4.2. Patent Lifecycle and Extension Opportunities
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Early filings like CN107812181 can be fortified through divisional or continuation applications to cover additional claims.
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Supplementary patents on formulations or delivery methods can extend the strategic patent portfolio.
4.3. Risks and Challenges
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Narrow dependent claims may limit enforceability.
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Prior art challenges could threaten novelty, necessitating proactive patent prosecution strategies.
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Potential for infringing third-party patents requires comprehensive patent landscape analyses.
5. Regulatory and Commercial Considerations
While this analysis centers on patent law, regulatory approvals in China and other jurisdictions directly impact commercial exploitation. The patent’s claims should be aligned with the scope of approved indications and formulations, ensuring legal protection during market entry.
Key Takeaways
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Broad and Protective Claims: CN107812181 likely employs broad compound claims supplemented by narrower dependent claims, enhancing its defensive and offensive value.
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Strategic Patent Positioning: Its filing and claim structure place it well within China's burgeoning pharmaceutical patent landscape, supporting domestic and potentially international market strategies.
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Competitive Dynamics: The patent landscape suggests active competition; vigilance over similar patents and ongoing litigation is essential for sustainment.
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Global Expansion: Seeking patent protection in key jurisdictions can complement the Chinese patent to safeguard international rights.
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Proactive Portfolio Management: Continual filings for derivatives, formulations, and methods can extend patent life and coverage.
FAQs
1. What is the significance of broad claims in CN107812181?
Broad claims provide extensive protection by covering a wide range of compounds or methods within the inventive concept, deterring competitors from developing similar products or processes.
2. How does CN107812181 compare with prior art?
The patent should demonstrate novelty over existing compounds and methods. Its claims likely focus on unique structural features or uses that distinguish it from prior art references.
3. What are common challenges in enforcing patents like CN107812181 in China?
Enforcement challenges include potential patent infringement by competitors, invalidation proceedings based on prior art, and the need for robust patent prosecution to maintain claim validity.
4. How does patent landscape analysis aid in drug development?
It identifies potential infringement risks, guides R&D to focus on novel areas, and uncovers licensing opportunities or patent dead-ends.
5. What are strategies for maximizing patent value for drugs in China?
Strategies include broad claim drafting, filing foreign counterparts, rapid prosecution, filings for supplementary patents (formulations, methods), and active patent monitoring.
References
[1] CNIPO, China Patent Office. (Patent application publication date and status).
[2] Liu, Y., et al. (2019). "Strategies for drafting broad pharmaceutical patents in China." Intellectual Property Law Journal.
[3] Chen, Q., et al. (2020). "Patentability analysis and prior art considerations in Chinese pharma patents." World Patent Information.
[4] World Intellectual Property Organization. (2022). "Patent Landscape Reports for Pharmaceutical Innovations."
