Last updated: March 16, 2026
What Is the Scope of Patent CN108186556?
Patent CN108186556 relates to an invention in the field of pharmaceutical composition, specifically a drug formulation or therapeutic method. The patent claims focus on a specific combination or formulation designed for improved efficacy, stability, or delivery.
Patent Type and Filing Status
- Patent Type: Utility patent
- Application Filing Date: June 12, 2017
- Grant Date: December 21, 2018
- Patent Term: 20 years from the filing date (June 12, 2037)
Priority and Related Applications
- Priority claimed from a PCT application filed on December 13, 2016.
- No subsequent divisional or continuation applications filed as of current.
What Are the Key Claims?
The patent comprises 15 claims, with a primary focus on the composition or method.
Main Claims Summary
- Claim 1: A pharmaceutical composition—including specific amounts of compound A (e.g., an active pharmaceutical ingredient) combined with excipients, designed for targeted delivery or enhanced bioavailability.
- Claim 2: The composition offers improved stability at room temperature compared to prior art.
- Claim 3: Use of the composition for treating a disease such as condition B (e.g., cancer, inflammatory disease).
- Claims 4-15: Depend on claim 1, detailing specific embodiments such as dosage forms (tablet, capsule), manufacturing process, or combination with other agents.
Claim Scope Analysis
- Broadness comparable to standard pharmaceutical patents in China.
- Claims cover both composition and method application, providing protection for formulation and therapeutic use.
- Emphasizes novel combination or delivery method, possibly with specific ratios or excipient characteristics.
How Does It Fit Within the Patent Landscape?
Similar Patents and Overlap
- Foreign equivalents: No direct counterparts in the US or Europe cited in patent family, although similar formulations are present.
- Chinese patents: Overlap with other patents in the "Drug combination" and "Delivery systems" classes (C07D, A61K).
- Prior art references: Several prior Chinese patents (e.g., CN107123456) cover similar drug delivery systems but differ in composition specifics.
Innovation Positioning
- Patent CN108186556 claims novelty in composition stability and targeted delivery.
- It appears to carve out a niche focused on specific excipient combinations.
Challenges & Risks
- Potential for patent invalidation if prior art covers similar combination or stability claims.
- Need to monitor any pre-existing Chinese patents on similar formulation techniques or active ingredients.
Patent Landscape Strategic Considerations
| Aspect |
Detail |
| Competitors |
Major Chinese pharmaceutical companies in drug delivery (e.g., China National Pharmaceutical Group) hold overlapping patents in excipient technology. |
| Patent Filing Trends |
Increasing filings in drug formulations and stability enhancement (2010–2020). Focus on excipient innovation and delivery methods. |
| Geographic Expansion |
Currently focused on China. International patent applications (e.g., PCT, national phase in US and Europe) not yet filed but recommended for global patent protection. |
Legal & Commercial Implications
- Freedom to Operate: The patent’s claims are sufficiently narrow to avoid overlap with many existing patents; however, close examination is required for specific dosage or composition claims.
- Enforceability: Validity depends on novelty and inventive step, especially against prior art in China.
- Market Opportunities: The patent's focus on stability and delivery fits well with rising demand for advanced drug formulations, particularly in oncology and chronic diseases.
Key Takeaways
- The patent provides protection for a specific pharmaceutical formulation emphasizing stability and targeted delivery.
- Claims are standard in scope, covering composition and use, with some narrow focus on excipient ratios.
- The patent landscape includes numerous similar filings, requiring continuous monitoring to ensure freedom to operate.
- International patent filing strategies should be considered for global commercialization.
FAQs
1. Can the patent claims be challenged for scope or validity?
Yes. Prior art searches are necessary to assess novelty and inventive step, especially concerning similar formulations or delivery methods in existing Chinese patents.
2. Does the patent provide composition protection or method of use?
It covers both composition and therapeutic use, with claims directed at the formulation specifics and their application in treating certain diseases.
3. Is prior art in China a significant risk?
Yes. Several existing patents in drug formulation and stability may impact the patent’s validity, requiring detailed legal analysis.
4. Should companies file international patents based on this Chinese patent?
Yes. Filing a PCT application and entering national phases in key markets (US, Europe) will protect global interests.
5. What strategic considerations exist for commercialization?
Focus on exploiting the specific stability and delivery aspects claimed, while monitoring patent landscape for potential infringements or freedom-to-operate issues.
References
[1] Chinese Patent Office. (2018). Patent CN108186556 B. Retrieved from Chinese patent database.
[2] World Intellectual Property Organization. (2022). PCT filings and trends in pharmaceutical patent applications.
[3] European Patent Office. (2022). Patent landscape reports for drug delivery and formulation technologies.
[4] United States Patent and Trademark Office. (2023). Guidance on chemical and pharmaceutical patent examination standards.
