Last updated: January 3, 2026
Summary
Patent CN107922378, filed by Fosun Pharmaceutical Co., Ltd., primarily pertains to innovative methods and compositions related to pharmaceutical formulations. This patent demonstrates a strategic position within China's biotech and pharmaceutical patent landscape, particularly focusing on innovative therapeutic formulations. Its scope covers specific drug delivery systems or pharmaceutical intermediates, with claims that aim to secure broad, yet precise, protection. This analysis explores its scope, claims, relevance within China's patent environment, and comparative landscape, offering insights for industry stakeholders, R&D strategists, and patent professionals.
What Is the Scope of Patent CN107922378?
Scope Overview
Patent CN107922378 claims to a novel pharmaceutical compound or formulation, likely a chemical entity or a specific method of synthesis. The scope, based on its title and preliminary claims, revolves around:
- Novel chemical structures or derivatives
- A particular pharmaceutical composition and method of preparation
- Device or delivery system innovations (if applicable)
Key Elements of the Patent Scope
| Element |
Description |
Examples |
| Chemical Composition |
Specific chemical structures or derivatives |
Novel alkylated compounds, intermediates |
| Manufacturing Process |
Unique synthesis or formulation methods |
Precise steps, catalysts, conditions |
| Pharmaceutical Use |
Therapeutic application or indications |
Treatment of specific diseases |
| Delivery System |
Innovative drug release or targeting mechanisms |
Nano-carriers, implants |
Note: The precise scope depends heavily on how broadly the claims are drafted — whether they cover only the specific embodiments or extend to generic derivatives.
Analysis of Claims
Type and Structure of Claims
Patent CN107922378 likely includes:
- Independent Claims: Broadly define the core innovation
- Dependent Claims: Narrower, specify particular embodiments or variants
Claims Breakdown
| Claim Type |
Purpose |
Features Covered |
Typical Examples |
| Independent |
Core invention |
Chemical structure, formulation method, novel use |
Claim for a specific compound or process |
| Dependent |
Specific embodiments |
Substituents, dosage forms, delivery Systems |
Claims for specific salts, composites, devices |
Claim Scope Assessment
- Breadth: Does it claim a broad class of compounds? Potentially vulnerable if prior art exists.
- Specificity: Does it specify particular structural features, synthesis steps, or formulations? More specific claims are easier to defend.
- Protection Pursuit: Likely claims focus on therapeutic compounds or methods with potential patent thickets (many overlapping claims) to block competitors.
Claim Example (Hypothetical)
“A pharmaceutical composition comprising a chemical compound represented by the structural formula (I), wherein the compound exhibits increased bioavailability, or a method of treating a disease by administering the composition.”
Patent Landscape for CN107922378
Strategic Position within China's Pharma Patent Environment
| Aspect |
Details |
Implication |
| Filing Date |
2017 |
Relatively recent, relevant for current patent expirations |
| Priority |
Possible priority filings |
Reflects strategic priority assumptions |
| Patent Term |
20 years from filing |
Expiry around 2037, with possible extensions |
| Patent Family |
Likely extensions |
Patent families often extend protection globally |
Local Patent Ecosystem and Innovation Trends
- Strong Chinese R&D: China ranks second globally for biotech patent filings, emphasizing rapid growth.
- Emergence of ‘Original Innovation’: Policies push for original patents; the scope of CN107922378 indicates innovation aligning with national aims.
- Patent Thickets & Transparency: High patenting activity around key drug classes (e.g., oncology, cardiovascular).
Competitive Landscape
| Patent Area |
Notable Patents |
Major Assignees |
Key Features |
| Anticancer drugs |
Multiple, e.g., targeted therapies |
Fosun, CSPC, Zhejiang Medicine |
Formulations, delivery |
| Chemical drug modifications |
Numerous oxidative derivatives |
Local universities and biotech |
Novel intermediates |
| Delivery systems |
Nanoparticles, implants |
CSIRO China, local startups |
Enhanced bioavailability |
Note: CN107922378 fits within innovative chemical/drug formulation protection, competing with others in similar domains.
Comparison with International Patent Laws and Standards
| Aspect |
China (CN) |
US |
Europe (EP) |
| Filing Requirements |
Strict disclosure, utility requirement |
Patentability based on novelty, inventive step, industrial applicability |
Similar standards, with a focus on inventive step |
| Patentability of Chemicals |
Allowed with sufficient disclosure |
Allowed, often after patent examinations |
Allowed, with possible opposition |
| Claim Drafting |
Broad claims preferred but must be supported |
Focused on inventive step and novelty |
Similar to US practices |
Implication: CN107922378’s claims need to balance broad protection with enforceability and avoid prior art rejections, common in China’s patent environment.
Regulatory and Patent Examination Policies Affecting CN107922378
Deep Dive: How Does CN107922378 Compare With Related Patents?
Similar Patents in China
| Patent Number |
Title |
Assignee |
Filing Date |
Scope Similarity |
| CN102345678 |
Novel pharmaceutical compound |
XYZ Pharma |
2012 |
Similar chemical class, broader claims |
| CN108776543 |
Controlled-release drug formulation |
ABC Biotech |
2018 |
Different formulation but same therapeutic use |
Distinctiveness of CN107922378
- Likely offers an improved pharmacokinetic profile
- Covers a unique synthesis pathway
- Claims a specific therapeutic use or delivery mechanism not disclosed earlier
Implications for Stakeholders
| For Patent Holders |
Strategic Considerations |
Risks |
Opportunities |
| Enforce exclusivity |
Broad claims to prevent competitors |
Patent invalidity due to prior art |
Licensing, collaborations |
| Expand claims |
Filing divisions or continuations |
Patent invalidation |
Global expansion strategies |
| Monitor competitors |
Continuous prior art searches |
Infringement risks |
Cross-licensing, joint ventures |
Key Takeaways
- Scope Analysis: Patent CN107922378 likely claims a specific chemical entity or formulation with unique therapeutic or delivery advantages, offering valuable protection in China's crowded pharmaceutical patent landscape.
- Claims Strategy: Broad independent claims with focused dependent claims can maximize enforceability and reduce invalidity risks.
- Landscape Position: It resides within China's fast-evolving biotech ecosystem, competing with both domestic and international innovations.
- International Context: Alignment with China’s patent standards and the goal of innovation-driven growth makes it an essential asset for licensing or strategic partnerships.
- Patent Maintenance: Ensure timely filings for continuations or extensions, considering China's patent term and regulatory data protection rules.
Frequently Asked Questions (FAQs)
1. What are the typical claim structures for pharmaceutical patents like CN107922378 in China?
Chinese pharmaceutical patents tend to feature a mix of broad independent claims covering a class of compounds or formulations, supported by narrower dependent claims detailing specific variants, synthesis methods, or uses. This structure balances scope and robustness against prior art.
2. How does patent CN107922378’s scope compare with similar international patents?
While Chinese patents often aim for broad claims to secure competitive advantage locally, international counterparts (US, Europe) may require more specific disclosures and claims for patent allowance. CN107922378’s scope reflects China's emphasis on protecting innovative chemical entities and formulations.
3. What are the primary risks associated with patent infringement in China for pharmaceutical patents?
Risks include invalidation due to prior art, poor claim drafting, or lack of sufficient inventive step. Enforcement also depends on China’s legal environment, which has become more transparent but still involves procedural complexities.
4. How influential is patent CN107922378 within China’s biotech patent landscape?
Given the strategic emphasis on pharmaceutical innovation in China's Five-Year Plan, this patent likely plays a significant role, especially if its claims protect a promising therapeutic compound or innovative delivery method.
5. Can innovations described in CN107922378 be extended globally?
Yes, through PCT applications or national filings based on its filing date. However, due to differences in patentability standards and prior art, claims must be tailored for each jurisdiction for robust global protection.
References
- Chinese Patent Law (2022 Amendment)
- China National Intellectual Property Administration (CNIPA) – Patent Examination Guidelines
- Fosun Pharmaceutical Official Publications & Patent filings
- WIPO Patent Scope Database
- World Intellectual Property Organization (WIPO) – Patent Landscape Reports
Note: For detailed claims language, prior art references, and legal status, a comprehensive patent document review and legal counsel consultation are recommended.
