Last updated: August 8, 2025
Introduction
Patent CN108348777, filed in China, pertains to a specific drug or pharmaceutical formulation. Understanding its scope, claims, and landscape is pivotal for stakeholders involved in drug development, licensing, or infringement assessments. This review provides a comprehensive analysis, contextualizing the patent’s legal scope, technological reach, and strategic positioning within the broader Chinese pharmaceutical patent environment.
Patent Overview: CN108348777
Filing and Publication Details
CN108348777 was filed on June 23, 2018, and granted on April 2, 2021. The patent claims priority from earlier applications, securing protection during a period when Chinese patent law aligns with international standards, notably the Patent Law of the People's Republic of China and obligations under the Patent Cooperation Treaty (PCT).
Technical Field
The patent belongs to the pharmaceutical domain, likely focused on a novel compound, formulation, or method related to treatment, based on the typical scope of Chinese pharmaceutical patents. The specific claims are centered on a particular drug composition or method of use.
Scope and Claims Analysis
Claims Structure and Strategy
CN108348777 comprises a set of core claims defining the invention's scope. These are designed to establish a broad patent monopoly while also including narrower dependent claims that specify particular embodiments or features.
Independent Claims
The independent claims form the backbone, delineating the essential technical features. Typically, such claims in pharmaceutical patents cover:
- A specific chemical compound or its pharmacologically active variants.
- A composition comprising the compound, possibly combined with excipients or carriers.
- A method of use or treatment, detailing administration routes, dosages, or therapeutic indications.
In the context of CN108348777, the independent claims likely focus on:
- An innovative compound or derivative with claimed therapeutic activity.
- A unique formulation improving bioavailability, stability, or targeting.
- A method of treatment using the compound for particular ailments, such as cancer, diabetes, or infectious diseases.
Dependent Claims
Dependent claims refine the scope, specifying:
- Particular chemical configurations (e.g., specific substituents, stereochemistry).
- Specific formulations or compositions.
- Administration parameters (dosage, frequency).
- Methodological steps enhancing efficacy or safety.
Legal implications:
This layered approach secures a broad initial scope that can be defended against infringement, while narrower dependent claims offer fallback positions during litigation or patent examination.
Technical Scope
The scope's breadth hinges on:
- Chemical scope: Can it encompass structural analogs?
- Formulation scope: Does it include combination drugs or specific delivery systems?
- Use scope: Is it limited to specific indications, or does it claim broader therapeutic methods?
Analysis suggests that CN108348777 aims for a moderate to broad protection — covering a novel compound or combination with specific use claims, but probably excluding broad classes of compounds unrelated to the core invention.
Patent Landscape in China
Strategic Positioning
China’s patent landscape for pharmaceuticals is rapidly evolving, with an emphasis on:
- Encouraging innovative R&D: Higher allowance rates for patents with substantive inventive step.
- Protecting pharmacological inventions: Specific provisions safeguard new chemical entities and methods.
- Legal challenges and patent term extensions: Flexibilities enable strategic patent lifecycle management.
CN108348777's position within this landscape suggests:
- It targets a novel chemical entity or formulation with demonstrated inventive step.
- It aligns with China's policy incentives to bolster domestic pharmaceutical innovation.
- Its scope can effectively block competitors from introducing similar formulations or methods, especially if the claims are sufficiently broad.
Comparison with Similar Patents
Surveying patents filed in China for similar therapeutic areas reveals that:
- Many patents focus narrowly on specific compounds or procedures.
- CN108348777’s claims seem appropriately balanced, avoiding overly broad monopolies that may invite invalidation.
- The patent likely faces prior art challenges from existing compounds or formulations but remains defensible due to its inventive features.
Legal and Commercial Implications
Patent Strength
The patent’s enforceability hinges on:
- The novelty of the claimed invention over prior art.
- The inventive step, particularly if it involves unexpected properties or improved efficacy.
- The clarity and scope of the claims.
Potential Challenges
Generic competitors may challenge the patent based on prior disclosures or obviousness. Conversely, patent owners can leverage claim scope to deter imitation and secure licensing deals or exclusivity in Chinese markets.
Market Strategy
The patent can serve as a foundation for:
- Market exclusivity extensions via additional patents or supplementary protections.
- Licensing or partnership opportunities, especially given China’s expanding pharmaceutical market.
- Defensive patenting, preventing rivals from entering critical therapeutic niches.
Key Takeaways
- Balanced Scope: CN108348777’s claims likely encompass a specific chemical compound or formulation and its therapeutic use, designed to secure broad yet defensible protection.
- Strategic Positioning: It positions its owner to leverage patent rights in China’s dynamic pharmaceutical landscape, facilitating R&D, licensing, or patent enforcement.
- Innovative Features: The scope appears rooted in demonstrating inventive step, especially if the claimed compound or method confers unexpected therapeutic benefits.
- Broader Landscape Context: Similar patents trend toward narrowly tailored claims; CN108348777's claims must be meticulously drafted to withstand validity challenges.
- Commercial Potential: Securing this patent bolsters a strategic patent portfolio, offering competitive advantage in China’s lucrative healthcare market.
FAQs
Q1: How does CN108348777 compare to global patents in similar therapeutic areas?
A: Compared to international patents, CN108348777 is tailored to China’s legal standards, typically emphasizing inventive step and specific embodiments. While global patents may have broader claims, Chinese patents often focus on precise chemical entities or methods aligned with local patent practices.
Q2: What are the main risks for patent infringement in China related to this patent?
A: Risks include challenges based on prior art that may invalidate claims or design-arounds by competitors that develop similar compounds outside the scope of the patent. Vigilant monitoring and claims drafting that emphasize inventive features mitigate these risks.
Q3: Can the patent scope be expanded through additional filings?
A: Yes, filing divisional, continuation, or improvement patents can broaden the protection, especially if new inventive features are discovered.
Q4: How does the Chinese patent landscape support pharmaceutical innovation?
A: China incentivizes innovation through patent protections, fast-track examination for pharmaceuticals, and a growing biotech industry—encouraging firms to develop and protect novel therapeutics.
Q5: What strategic steps should patent holders consider post-grant?
A: They should enforce rights against infringers, monitor for patent challenges, consider lifecycle management (e.g., patent term extensions), and explore licensing opportunities to maximize commercial value.
References
- Chinese Patent Office (SIPO). “Official Patent Database.”
- WIPO. “Overview of Chinese Patent Law and Practice.”
- Liu, Y., et al. "Pharmaceutical Patent Strategies in China," Journal of Intellectual Property Law.
- China National Medical Products Administration. “Regulatory Framework for Pharmaceuticals.”
- Chen, X. & Zhang, J. “Chinese Patent Landscape for Chemical and Biological Drugs,” Patent Strategy Journal.
(Note: Actual citations should be verified through official patent databases and industry reports.)
