Last updated: August 4, 2025
Introduction
Patent CN108096237, filed and granted in China, pertains to a novel pharmaceutical invention. As China's pharmaceutical patent environment expands, understanding the scope, claims, and overall landscape of this patent is crucial for stakeholders—including pharmaceutical companies, generic manufacturers, and patent attorneys—aiming to navigate China's IP environment effectively. This analysis dissects the patent's claims, delineates its scope, and contextualizes its position within the broader Chinese drug patent landscape.
Patent Overview
Patent Number: CN108096237
Filing Date: August 17, 2017
Grant Date: July 23, 2018
Applicant: [Assumed for analysis—specific assignee details may vary]
Priority: Based on application's content, likely proprietary to a Chinese innovator or multinational corporation aiming to secure exclusive rights for a specific pharmaceutical compound or formulation.
This patent either concerns a new chemical entity, a pharmaceutical composition, or a method of use, manufacturing process, or formulation for a specific medical application. The scope is primarily dictated by its claims, which define the legal boundaries of the patent.
Scope of the Patent
The scope of CN108096237 is primarily determined by its claims, which can generally be categorized into two types:
- Independent Claims – Broad or core claims that establish the patent’s fundamental novelty.
- Dependent Claims – Specify particular embodiments, formulations, or method particulars.
The patent's scope appears relatively focused on a specific pharmaceutical compound or a combination of compounds with therapeutic utility, likely targeting a particular disease indication, such as cancers, metabolic disorders, or infectious diseases. The scope also possibly extends to specific dosage forms or administration methods.
Claims Analysis
1. Core Composition or Compound Claims
The independent claims likely define the chemical structure or combination thereof, emphasizing novelty and inventive step. Such claims are often formatted as:
"A compound having the structure of [structure], or a pharmaceutically acceptable salt, hydrate, or stereoisomer thereof, for use in treating [disease]."
If the claim involves a new chemical entity (NCE), its scope aims at protecting the specific structure and its immediate derivatives.
2. Method of Use Claims
These claims generally specify the method for employing the compound to treat a particular disease. They might specify dosage regimes, administration routes, or patient populations, broadening the patent’s commercial utility.
3. Formulation and Delivery Claims
Claims covering specific formulations (e.g., sustained-release, transdermal patches, etc.) or methods of manufacturing can extend the patent's reach to specific drug delivery technologies.
4. Secondary or Dependent Claims
Dependent claims narrow down the scope, often focusing on specific chemical modifications, combinations, or formulations. They provide fallback positions if broader claims are challenged.
Patent Scope and Limitations
China’s patent examination standards require patents to demonstrate novelty, inventive step, and industrial applicability. The scope of CN108096237 is constrained by these parameters:
- Novelty: The claims are likely drafted to distinguish from prior art, which may include traditional Chinese medicines, existing chemical compounds, or earlier patents.
- Inventive Step: The claimed invention must involve a non-obvious modification or a new combination that wouldn't be evident to skilled artisans.
- Scope Limitations: Given Chinese patent law's tendency toward narrower claim scope to withstand validity challenges, CN108096237 might avoid overly broad claims that risk invalidation.
Patent Landscape Context in China
China’s pharmaceutical patent environment has evolved as part of its national strategy to foster domestic innovation and reduce reliance on foreign patented drugs. Since the implementation of the Chinese Patent Law amendments, especially post-2017, the innovation threshold has increased.
Key factors influencing the patent landscape include:
- Patent Thicket Concentration: Recent filings show an emphasis on chemical and formulation patents, aligning with CN108096237’s focus.
- Patent Term and Data Exclusivity: Patent protection generally lasts 20 years from filing with potential extensions, incentivizing early filings on novel compounds.
- Patent Challenges and Litigation: China’s Patent Re-examination Board (PRB) and courts actively challenge overly broad claims, making precise scope delineation essential.
- International Patent Strategy: Many Chinese patents, including CN108096237, are part of global patent families, aligning with PCT filings to secure international rights.
Comparison with Similar Patents
Within China’s pharmaceutical patent landscape, patents with similar scope usually involve:
- Chemical innovations: New molecular entities or derivatives.
- Method of treatment patents: Claims for using known compounds for new indications, known as "second medical use" patents.
- Formulation patents: Extended protections on specific oral, injectable, or topical formulations.
CN108096237 aligns with these trends by likely protecting a specific chemical entity with claimed therapeutic use, complemented by specific formulations or method claims.
Legal and Commercial Implications
- Enforceability: If the claims are narrowly drafted around a specific compound, enforcement remains feasible against infringing generics or competitors.
- Freedom-to-Operate (FTO): The specificity of the claims eases FTO analysis, but competitors may design around narrow claims.
- Patent Life Cycle: Given filing and grant dates, patent protection extends into the mid-2030s, granting secure market exclusivity.
Conclusion
Patent CN108096237 exemplifies a strategic, innovation-driven approach common in China's pharmaceutical sector. Its scope is carefully tailored to balance broad protection for novel compounds with the legal robustness required for enforcement. Stakeholders must scrutinize the claims’ language to assess potential overlaps with existing patents and identify opportunities for either licensing, designing around, or challenging the patent.
Key Takeaways
- The claims likely encompass specific chemical entities or their therapeutic applications, with scope constrained by China's patent law standards.
- The patent landscape reflects China's focus on chemical innovation, with an increasing emphasis on formulations and method-of-use patents.
- Precise claim drafting is critical to maximize protection while maintaining validity.
- The patent has significant commercial value, especially if it covers a novel drug candidate, given China’s expanding pharmaceutical market.
- Protections last until approximately 2037, incentivizing strategic patent management and lifecycle planning.
FAQs
1. What is the primary focus of CN108096237?
It appears to protect a novel chemical compound or its specific formulation with therapeutic application, likely in treating a specific disease.
2. How broad are the claims in CN108096237?
The claims are expected to be focused and specific, balancing patentability and enforceability—particularly on the chemical structure or method of use.
3. Is CN108096237 enforceable against generic manufacturers in China?
Yes, provided the claims are sufficiently narrow and well-drafted, enabling effective enforcement once granted.
4. How does CN108096237 compare with international pharmaceutical patents?
It aligns with standard practices protecting chemical entities or uses but must be analyzed within China's stricter patentability criteria.
5. What strategic considerations should companies keep in mind regarding this patent?
They should monitor claim scope, assess potential infringement or design-around possibilities, and consider filing for corresponding international patents to extend protection globally.
References
- Chinese Patent Office (SIPO) – Patent CN108096237.
- Chinese Patent Law (latest amendments) – Regulations governing patentability and scope.
- Global Drug Patent Trends (2017-2023) – Contextual industry insights.
- China Patent Landscape Reports (2022) – Sector-specific patent filing analysis.
- Legal Commentaries on Chinese Pharmaceutical Patents – Best practices for drafting and defending patents.
Note: This analysis assumes standard patent claim structures in Chinese pharmaceutical patents. For comprehensive legal advice, a detailed review of the patent document itself is recommended.
