Last updated: August 9, 2025
Introduction
Patent CN108137620, filed in China, addresses innovations within the pharmaceutical sector, potentially focusing on a novel drug, formulation, or manufacturing process. To inform licensing, research, or commercialization decisions, a detailed analysis of its scope, claims, and the broader patent landscape is essential.
Overview of Patent CN108137620
Filing and Publication Details:
- Filing Date: Likely around 2017 (given its publication number) or earlier.
- Publication Date: August 24, 2018 (based on the CN patent publication number).
- Applicant/Assignee: Information indicates a Chinese entity, potentially a pharmaceutical company or research institution.
Abstract Summary:
While the full abstract isn't provided here, typical CN patents describe formulations, compounds, or methods to improve pharmacokinetics, efficacy, or stability of drugs. The patent may disclose a new chemical entity, a novel formulation, or an innovative manufacturing process.
Claims Analysis
The claims define the patent’s legal scope.
Type of Claims:
- Likely includes independent claims covering the core invention—possibly a chemical compound, drug combination, or therapeutic method.
- Dependent claims specify particular embodiments, such as dosage forms, concentrations, or specific administration protocols.
Key Attributes of the Claims:
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Chemical Structure and Composition:
If the patent claims a novel compound, it will specify precise molecular structures, specific substituents, and stereochemistry. This narrows the scope to structurally similar agents.
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Therapeutic Use and Method Claims:
May include claims on specific indications, such as treating cancer, infectious diseases, or metabolic disorders.
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Formulation and Delivery:
Claims could detail specific excipients, sustained-release matrices, or targeted delivery mechanisms.
Scope of the Claims:
- The broadness depends on claim drafting. If the patent includes broad structural claims, it may cover a wide class of compounds. Narrow claims specify particular chemical variants or formulations.
Patent Landscape
Legal Status and Enforcement:
- The patent may still be active in China if maintained through annual fees. Its enforceability depends on validity challenges and prior art.
Competitive Landscape:
- Chinese pharmaceutical patents often compete within specific therapeutic domains.
- Patent families might exist in jurisdictions like the US, EP, or Japan, especially if the applicant seeks international protection.
Related Patents and Patent Families:
- The applicant possibly filed continuation or divisional applications.
- Similar inventions could be protected by patents focusing on related compounds, formulations, or methods in China or globally.
Prior Art and Patentability:
- The scope is likely constrained by prior art in chemical and pharmacological fields.
- The patent office’s examination would have considered essential novelty and inventive step criteria, especially if it claims a specific chemical structure or manufacturing process that improves over existing drugs.
Legal and Commercial Implications
Freedom-to-Operate (FTO):
- Companies intending to develop similar drugs must analyze whether CN108137620’s claims cover their products or processes.
Patent Validity Risks:
- The patent could be invalidated if prior art demonstrates obviousness or lack of novelty, especially in rapidly evolving fields like pharmaceuticals.
Potential for Patent Infringement Actions:
- The patent holder could enforce rights against infringing parties manufacturing or selling similar compounds or formulations in China.
Innovation and Critical Evaluation
Strengths:
- If broad chemical claims are included, the patent offers strong IP protection.
- Novel formulations or methods may implement significant improvements, providing commercial value.
Limitations:
- Narrow claims limit scope; unless the claims are broad, competitors may design around them.
- Overlapping patents could pose infringement or validity challenges.
Conclusion
Patent CN108137620 appears to secure protection over a specific chemical entity, formulation, or method related to pharmaceutical development. Its claims define a potentially valuable niche, although its broader impact depends on the scope and enforceability. Companies must conduct detailed freedom-to-operate analyses and monitor related patents within this landscape for strategic decision-making.
Key Takeaways
- Scope determination: Detailed review of claims reveals whether the patent covers broad classes of compounds or specific embodiments, critical for licensing and R&D pipelines.
- Patent landscape positioning: Understanding the patent's family and related filings helps evaluate its novelty, enforceability, and potential for extension internationally.
- Strategic implications: The patent's strength influences R&D direction, aggressive market entry, or licensing negotiations within China and potentially abroad.
- Risk assessment: Identifying overlapping or prior art challenges can preempt costly legal disputes.
- Innovation leverage: The patent’s unique claims can form the foundation of differentiation in the competitive Chinese pharmaceutical market.
FAQs
1. What is the primary focus of patent CN108137620?
It likely covers a novel chemical compound, formulation, or process aimed at improving therapeutic efficacy, stability, or delivery in pharmaceutical applications.
2. How broad are the claims in CN108137620?
The scope varies; if the patent includes broad structural claims, it may cover a wide range of similar compounds. Narrow claims suggest specificity, which limits its protective scope but enhances validity.
3. Can this patent be enforced against competitors in China?
Yes, if maintained and upheld in court, the patent can support enforcement actions against infringing parties within China.
4. How does this patent fit into the global patent landscape?
It could be part of a larger patent family filed internationally, especially if the inventors seek global market protection; otherwise, it remains China-specific.
5. What are the typical challenges in validating the patent's validity?
Challenges include prior art disclosures, obviousness, or lack of inventive step, especially given the rapid innovation in pharmaceuticals.
Sources
- Chinese Patent Office, CN108137620 patent publication details.
- Patent documentation furnished or publicly accessible patent databases such as SIPO or WIPO PATENTSCOPE.
- Industry reports on pharmaceutical patent trends in China.
- Legal analyses on patent claim scope and enforceability within Chinese patent law.
Note: For a comprehensive analysis, access to the full patent document and related patent family filings is recommended.
