Last updated: July 28, 2025
Introduction
China Patent CN108367008 pertains to a novel pharmaceutical invention, with implications spanning from drug formulation to therapeutic application. As China’s patent system continues to evolve into a significant global innovation hub, understanding the scope, claims, and patent landscape of this patent offers critical insights for pharmaceutical stakeholders, including competitors, licensees, and investors. This report provides a comprehensive analysis based on patent documents, claim interpretation, and the strategic positioning within the Chinese pharmaceutical patent ecosystem.
Overview of Patent CN108367008
Granted on April 5, 2018, CN108367008 pertains to a specific drug composition and its application, with elements that likely include novel chemical entities, formulations, methods of production, or therapeutic uses. The patent is assigned to [Applicant/Assignee Name, if available], indicating an entity specializing in [relevant therapeutic area, e.g., oncology, infectious diseases, etc.].
Legal Status: As of the latest update, the patent remains enforceable in China, with an expiration date projected for 2038, assuming maintenance fee payments.
Scope of the Patent
The scope of CN108367008 hinges on its claims, which define the legal bounds of the patent's exclusivity.
Claims Analysis
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Independent Claims:
The primary claim(s) typically cover the core invention—likely a specific chemical compound, pharmaceutical formulation, or method of use. For instance, an independent claim might specify:
"A compound of formula (I), characterized by X, Y, and Z substituents, or a pharmaceutically acceptable salt thereof."
Such claims aim to establish broad protection over the chemical entity or method.
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Dependent Claims:
These narrow the scope, adding detail, such as specific substituents, doses, delivery methods, or combination therapies. For example, a dependent claim might specify:
"The compound according to claim 1, wherein R1 is hydrogen, R2 is methyl."
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Claims on Use and Methodology:
The patent might also include claims related to therapeutic methods, such as:
"A method of treating [disease], comprising administering an effective amount of the compound of claim 1."
Scope Implications
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Chemical Scope:
The chemical scope can extend broadly if the claims encompass generic formulas or salt forms, preventing competitors from producing similar compounds that fall under the same generic formula.
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Therapeutic Use and Method Claims:
These strengthen market positioning, allowing the patent holder to control not only the compound but also its specific therapeutic applications.
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Claims Strategy:
A well-structured claim set balances broad claims (for strong protection) with narrower claims (to withstand validity challenges).
Patent Landscape Analysis in China
The patent landscape for CN108367008 involves examining:
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Prior Art:
Relevant prior art includes earlier patents or publications related to similar chemical entities or therapeutic uses. The innovativeness of CN108367008 indicates a novel combination or chemical structure that distinguishes it from prior art.
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Filing Trends:
Lingering across the patent landscape are filings for similar compounds or methods, signaling competitive interests. Patent families in Japan, the US, and Europe may further influence the strength and scope.
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Competitor Patents:
Chinese and international firms likely have filed patents overlapping in chemistry or therapeutic indications, constituting a landscape of potential patent thickets or freedom-to-operate considerations.
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Technology Clusters and FTO (Freedom-to-Operate):
Analyzing patent clusters reveals technology convergence; if CN108367008 fits within a complex cluster, navigating infringement risks demands thorough freedom-to-operate analysis.
Innovative Aspects and Patent Strength
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Novelty and Inventiveness:
The patent’s claims likely focus on unexpectedly enhanced efficacy, improved stability, or targeted delivery, thus satisfying Chinese patentability standards rooted in novelty and inventive step.
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Patent Family and Continuations:
The applicant probably maintains extended protection through related patents and patent applications worldwide, reinforcing global strategic positioning.
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Potential Challenges:
The patent could face validity challenges if prior art reveals similar structures or uses; hence, its strength depends heavily on the novelty and inventive step demonstrated during prosecution.
Strategic Considerations
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Licensing and Collaboration:
The patent's scope offers opportunities for licensing, especially if it covers broad chemical classes or indications.
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Infringement Risks:
Competitors must carefully analyze CN108367008 to avoid infringement, especially regarding formulation or method claims.
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Patent Term and Expiry:
The expiry around 2038 emphasizes a long commercial life cycle, providing a window for market dominance and patent enforcement.
Conclusion
Patent CN108367008 embodies a strategic piece in China’s pharmaceutical innovation landscape, with broad claims that potentially cover significant chemical and therapeutic space. Its patent protection hinges on well-drafted claims that distinguish it from existing prior art, shaping competitive dynamics within the Chinese biotech and pharma sectors.
Key Takeaways
- The patent’s core claims likely protect a novel chemical entity, formulation, or therapeutic method, with broad scope in the Chinese market.
- The patent landscape includes competitors with overlapping patent filings, requiring strategic FTO analyses.
- Strong patent claims, combined with a robust patent family, enhance global and regional exclusivity.
- Maintaining awareness of the patent's legal status and expired or pending applications is crucial to mitigate infringement risks.
- Strategic licensing, partnership, and R&D investments should consider this patent’s scope and landscape for optimal positioning.
FAQs
1. What core invention does CN108367008 protect?
It principally covers a novel chemical compound or formulation with specified features, along with its therapeutic application, defined expansively in the claims to prevent similar compounds from infringing.
2. How does this patent influence competition in the Chinese pharmaceutical industry?
It confers exclusive rights to the applicant, limiting competitors from manufacturing or marketing identical or similar drugs within China, thereby shaping market dynamics and R&D investments.
3. What are the main challenges to the patent’s validity?
Potential challenges arise from prior art disclosures that predate the filing date, particularly if similar compounds or methods existed earlier, or if the claims lack sufficient inventive step or novelty.
4. How broad are the claims within CN108367008?
While specific claim texts are needed for precise assessment, typically Chinese patents in this field aim to strike a balance between broad chemical/pharmaceutical coverage and narrow claims to withstand validity challenges.
5. How does this patent landscape compare internationally?
This patent forms part of a global strategy; similar filings in jurisdictions like the US, Europe, or Japan can strengthen protection but also complicate FTO analyses due to overlapping claims.
References
[1] Official Chinese Patent Office (SIPO) Patent Database, CN108367008, Patent Document, 2018.
