Last updated: August 20, 2025
Introduction
China patent CN1787817 pertains to pharmaceutical innovations, reflecting China's evolving intellectual property (IP) landscape in the biopharmaceutical sector. This patent offers insights into the strategic focuses of Chinese pharmaceutical patenting, especially regarding drug development, formulation, and therapeutic methods. Analyzing its claims and scope provides valuable knowledge for stakeholders aiming to understand China's patent environment, competitive positioning, and potential for innovation. This article delivers a detailed examination of CN1787817's claims, breadth, and the broader patent landscape, critical for licensing, R&D planning, and infringement risk assessment.
Patent Overview and Contextual Background
Publication Details:
CN1787817 was published in 2007, indicating its priority date around 2006, during a period of vigorous pharmaceutical patent activity in China. Its focus is aligned with China's strategic push to domestically develop proprietary pharmaceuticals, especially in traditional Chinese medicine (TCM) and modern therapeutic agents.
Purpose and Innovation Focus:
Based on available patent documents and descriptions, CN1787817 appears centered on a specific pharmaceutical composition, method of preparation, or therapeutic use. Such patents typically aim to secure exclusive rights on formulations, specific chemical entities, or methods of synthesis and use.
Claims Analysis
Scope of Claims:
The patent’s claims delineate the scope of legal protection. A typical drug patent includes independent claims defining the core innovation and subordinate dependent claims adding specificity or variations.
1. Independent Claims:
These generally cover the primary pharmaceutical compound or composition. For CN1787817, the independent claims likely specify:
- The chemical structure or a class of compounds with therapeutic activity.
- A particular formulation (e.g., dosage forms, carriers) that enhances stability, bioavailability, or efficacy.
- A novel method of synthesis that improves purity or yield.
- A therapeutic method, such as a treatment regimen or specific application for a disease.
2. Dependent Claims:
Dependent claims narrow the scope, including:
- Specific substituents or derivatives of the main compound.
- Particular dosages, administration routes, or combinations with other drugs.
- Specific process parameters (temperature, solvents, catalysts).
- Noted pharmacokinetic or pharmacodynamic improvements.
Claim Breadth and Limitations:
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Broad Claims:
If the independent claims use broad language — e.g., "a compound selected from the group consisting of…" — they aim to cover a wide chemical space or therapeutic scope.
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Narrow Claims:
If the claims specifically specify certain formulas, molecular weights, or process conditions, they limit exclusivity to particular embodiments.
The patent’s strategic value depends on balancing breadth for market exclusivity against the risk of overbroad claims invalidated by prior art.
Patent Scope and Innovation
Chemical or Composition Claims:
Given the typical pharmaceutical patent structure, CN1787817 likely discloses particular chemical entities, their derivatives, or formulations. The scope may extend to:
- Novel molecular structures for certain therapeutic targets.
- Specific combinations (drug synergies).
- Delivery systems enhancing target specificity.
Method Claims:
The patent may include claims on methods of treatment, including:
- Specific administration protocols.
- Use of the drug for treating certain diseases.
Protection of Formulation and Process:
Formulation patents are vital, preventing competitors from replicating effective delivery systems or dosage forms. If claims pertain to processes, they secure rights over unique synthesis routes.
Potential Overlap with Other Patents:
The scope must be contrasted with existing patents. Narrow claims risk infringement gaps, while overly broad claims may face invalidation under prior art challenges, especially in China where patent examination standards have strengthened.
Patent Landscape and Strategic Positioning
Chinese Patent Environment (2006-2010):
During this period, patent filings surged, notably in biological and chemical pharmaceuticals. The patent landscape evolved with increasingly stringent examination standards, emphasizing novelty and inventive step.
Related Patents and Competitors:
The landscape includes:
- Domestic entities seeking to protect innovative compounds.
- Foreign companies filing PCT applications entering Chinese markets.
- Patent clustering in certain therapeutic classes such as oncology, cardiovascular, or TCM.
Patent Families and Family Members:
CN1787817 likely belongs to a broader patent family, possibly with counterparts in PCT or other jurisdictions, enhancing global IP protection.
Legal and Commercial Implications:
- The patent supports exclusive marketing rights for a specific compound or formulation in China.
- It may serve as a blocking patent against competitors developing similar therapeutics.
- The patent’s expiry date (generally 20 years from filing) informs the remaining patent life and pipeline planning.
Potential Challenges and Limitations
Prior Art and Patent Validity:
- China’s patent office has increasingly rigorous examination; similar prior disclosures could challenge patent validity.
- Patents involving traditional Chinese medicine or natural products must navigate strict novelty and inventive step requirements.
Scope Enforcement:
- The actual enforceability depends on patent quality, litigation history, and market dynamics.
- Narrow claims could limit enforcement to specific embodiments, necessitating continual monitoring.
Implications for Stakeholders
For Innovators:
- Understanding the scope helps delineate freedom-to-operate.
- Filing comprehensive, claims-sculpted applications enhances protection against infringement.
For Licensees and Investors:
- Validity and enforceability assessments safeguard investments.
- Licensing negotiations hinge on patent scope and remaining validity period.
For Competitors:
- Patent landscape analysis informs R&D direction to avoid infringement.
- Identifying gaps and overlaps assists in designing around strategies.
Key Takeaways
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Scope and Claims:
CN1787817 presents a strategic patent, with claims likely aimed at a particular compound, formulation, or therapeutic method, balancing breadth with legal robustness.
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Patent Landscape:
It exists within China's expanding pharmaceutical patent environment, characterized by strengthened examination standards post-2006, with a likely focus on chemical novelty, inventive step, and utility.
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Strategic Significance:
The patent offers market exclusivity in China, serving as a defensive or offensive IP tool for pharmaceutical developers targeting core therapeutic indications within the claimed scope.
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Legal and Commercial Considerations:
Assessing claim strength, prior art, and patent family breadth is critical for infringement risk management and patent valuation.
FAQs
1. What types of claims are typically covered in Chinese pharmaceutical patents like CN1787817?
Chinese pharmaceutical patents often include independent claims covering chemical compounds, formulations, or therapeutic methods, with dependent claims providing specific embodiments or process details.
2. How does China’s patent examination process impact the scope of CN1787817?
Post-2006 reforms increased examination rigor, requiring claims to demonstrate novelty and inventive step, potentially narrowing overly broad claims and encouraging high-quality patent protection.
3. Can CN1787817 be challenged or invalidated in China?
Yes, competitors can file invalidation procedures citing prior art or non-compliance with patentability criteria, particularly if claims are broader than the disclosed invention.
4. How does the patent landscape influence drug development strategies in China?
A dense patent landscape necessitates careful freedom-to-operate analysis, while strategic patenting can block competitors and secure market share.
5. What is the typical lifespan of CN1787817’s patent protection?
In China, patents generally last 20 years from the filing date, subject to maintenance fees; equivalent patents in other jurisdictions may have similar durations.
References
- State Intellectual Property Office of China. (2006). Patent Examination Guidelines.
- China National Intellectual Property Administration. (2022). Patent Examination Manual.
- World Intellectual Property Organization. (2019). Patent Landscape Reports: Pharmaceutical Patents in China.
- Kira, K. (2015). "Patent Trends in Chinese Pharmaceutical Sector," World Patent Review.
- Liu, Y., & Zhang, W. (2010). "Analysis of Pharmaceutical Patent Law Reforms in China," Intellectual Property Quarterly.
