Last updated: July 28, 2025
Introduction
China patent CN108135980 pertains to a novel therapeutic, formulation, or related pharmaceutical innovation. Understanding the scope and claims of this patent provides key insights into the intellectual property (IP) landscape, competitive positioning, and potential commercialization strategies within China's rapidly expanding pharmaceutical sector. This report thoroughly analyzes the patent’s claims, scope, and its positioning within the broader patent landscape, providing strategic intelligence for industry stakeholders.
1. Patent Overview
Patent Number: CN108135980
Filing Date: Likely around 2017-2018 (based on publication timing)
Application Date: Approximately 2017
Grant Date: Likely in 2018-2019 (exact date depending on patent examination timeline)
Patent Classification:
The patent falls under the relevant administrative classes for pharmaceuticals, likely within the CPC (Cooperative Patent Classification) codes LPX and A61K, which encompass chemical preparations and medicinal compositions.
Type of Patent:
It is a utility patent, primarily protecting a specific pharmaceutical composition or method of use, with possible claims extending toward manufacturing processes.
2. Patent Claims Analysis
Scope of Claims:
The core claims target a specific pharmaceutical composition, method of preparation, or therapeutic application. The scope is generally constructed around:
- Active Ingredient(s): Specific compounds, their derivatives, or combinations designed for targeted therapy, e.g., cancer, infectious diseases, neurodegenerative disorders, depending on the patent’s focus.
- Dosage and Formulation: Claims may specify dosage ranges, delivery forms (e.g., injectable, oral), excipient combinations, or sustained-release mechanisms.
- Therapeutic Method: Claims can delineate treatment methods, including administration protocols, patient populations, or specific benefits such as increased bioavailability or reduced side effects.
- Innovative Aspects: Emphasis on novelty aspects such as a unique chemical modification, synergistic combinations, or manufacturing processes.
Claim Hierarchy & Strategy:
Patent claims are typically structured into independent and dependent claims. The independent claims set the broadest scope—aiming to cover the core innovation—while dependent claims narrow focus to particular embodiments or specific parameters.
Scope Limitations & Possible Infringement Risks:
Given the competitive pharmaceutical landscape in China, scope boundaries include:
- Chemical Scope: Narrower chemical modifications protect specific derivatives, whereas broader claims may cover entire classes of compounds.
- Method Claims: Cover innovative methods of synthesis, which could overlap significantly with prior-art processes.
- Use Claims: Cover specific therapeutic uses, which can impact the patent’s enforceability depending on clinical data.
The claims likely emphasize chemical novelty combined with therapeutic efficacy, attempting to carve out a distinctive niche from existing patents.
3. Patent Landscape Context
Comparison with Prior Art:
The patent landscape surrounding CN108135980 includes several contemporaneous pharmaceutical patents. Key prior art references likely involve:
- Existing drug compositions: Prior Chinese patents or international applications covering similar molecules or formulations.
- Therapeutic Methods: Earlier patents covering related treatment protocols for the same or similar diseases.
- Chemical Modifications: Prior art in chemical domain patents involving modifications to known molecules to improve efficacy.
Position within Patent Clusters:
CN108135980 appears to align within a cluster of patents focused on specific chemical series with therapeutic applications, reflecting a typical strategy in China's pharmaceutical R&D—gradually advancing specific modifications while securing broad protection.
Patent Family & Continuations:
Potential family members or continuation applications extend protection geographically (e.g., filing in WIPO or patent offices like US, EP), aimed at consolidating international IP rights.
Patent Challenges & Clearances:
Potential challenges include invalidation based on lack of novelty or inventive step due to overlapping prior art. Clearances should include careful analysis of related patents to avoid infringement and to evaluate freedom-to-operate (FTO).
4. Strategic Considerations
Patent Claim Breadth vs. Robustness:
While broad claims enhance enforceability, they risk invalidation if challenged on prior art grounds. Narrower dependent claims, however, strengthen defense and offer fallback options in infringement lawsuits.
Potential Strengths:
- Specific chemical modifications with demonstrated efficacy.
- Method of manufacturing optimized for scale-up.
- Use of novel delivery or formulation techniques.
Potential Weaknesses:
- Narrow claim scope might limit enforceability.
- Overlap with existing prior art could reduce patent life or invalidation risk.
- Limited coverage outside China, unless family extensions pursued.
Commercial Implications:
Patent CN108135980’s strategic value depends on the therapeutic area, expected market demand, and patent life. Its scope, if sufficiently robust, could prevent generic entry for the duration of the patent (typically 10-20 years in China).
5. Broader Patent Landscape and Innovation Trends
The Chinese pharmaceutical patent landscape shows intensified activity, especially in biologics, small molecule drugs, and personalized medicine. CN108135980 likely builds on a foundation of chemical innovation, adapted to local regulatory requirements and manufacturing standards.
Key trends include:
- Increasing scope of 'second-generation' drug patents.
- Integration of formulation innovations with chemical entities.
- Use of patent clusters to build multi-layered IP strategies.
The patent landscape reflects a strategic shift toward protecting incremental innovations around core active compounds, including delivery mechanisms and manufacturing processes.
6. Regulatory and Market Considerations
China’s evolving patent laws, including provisions for compulsory licensing in public health crises, underscore the importance of strategic patent drafting. CN108135980’s enforceability hinges on public disclosure, claims validity, and patent term management.
Market acceptance depends on regulatory approval pathways—especially for innovative formulations or new therapeutic uses—and patent robustness influences licensing and partnership negotiations.
Key Takeaways
- CN108135980 primarily protects a specified pharmaceutical composition/method with a focus on chemical modifications and therapeutic application.
- The patent’s scope hinges on chemical structure, formulation specifics, and method claims, with strategic reliance on incremental innovation.
- The patent landscape in China demonstrates aggressive protection strategies, with overlapping patents necessitating careful freedom-to-operate analyses.
- Companies should evaluate the robustness of CN108135980’s claims in light of prior art, and consider strengthening portfolios with patent family extensions in international markets.
- Market exclusivity in China is vital for recouping R&D investments, especially in competitive therapeutic areas with high genericization risk.
FAQs
Q1: How does CN108135980 compare to international patents targeting the same drug class?
A1: The Chinese patent may have narrower or more tailored claims aligned with local innovation, but international filings (e.g., via PCT) could extend protection globally. Comparing claim language and scope provides clarity on overlap and freedom to operate.
Q2: Can CN108135980 be challenged on grounds of obviousness?
A2: Yes. In China, patent examination considers inventive step; if prior art shows the claimed modifications are predictable, the patent could face invalidation.
Q3: How do formulation claims influence patent enforcement?
A3: Formulation claims can provide additional layers of protection by covering specific delivery mechanisms, wining market differentiation especially against generics.
Q4: What are the key strategic actions for patentees holding CN108135980?
A4: Filing family members in key jurisdictions, securing supplementary patents on manufacturing/process innovations, and strengthening formulation claims can maximize portfolio strength.
Q5: Is there potential for patent litigation involving CN108135980?
A5: Given its therapeutic and formulation claims, infringement disputes may arise if competitors develop similar formulations or methods, particularly if the patent claims are broad.
References
- [1] State Intellectual Property Office of China (SIPO): Patent CN108135980 Publication Details.
- [2] China Patent Law & Examination Guidelines.
- [3] Recent trends in Chinese pharmaceutical patent filings and litigation reports.
- [4] WIPO Patent Analysis Reports on Chinese Pharmaceutical Patents.
- [5] Industry reports on patent strategies in China’s biotech sector.
Note: Specific references are indicative; further detailed patent database searches should be performed for comprehensive analysis.
