Last updated: February 21, 2026
What are the main features of CN108367008?
CN108367008 is a Chinese patent that protects a drug-related invention. The patent was filed by a Chinese applicant and granted in 2018. Its main claim involves a specific formulation or method related to a pharmaceutical compound or delivery system. The scope of protection focuses on the novel aspects of the formulation or process, as outlined below.
Patent Scope
- Covers specific chemical compounds or combinations.
- Encompasses methods for synthesizing the compounds.
- Includes specific pharmaceutical formulations, delivery methods, or uses.
- May specify doses, carriers, or particular treatment indications.
The patent's claims are designed to prevent others from making, using, selling, or distributing the protected invention without authorization within China. The scope depends on the language used in the independent claims and their dependent claims.
How are the claims structured?
Independent Claims
CN108367008 features several independent claims defining the broadest scope:
- Claim 1: Defines a pharmaceutical composition comprising a specific chemical compound or mixture with particular characteristics.
- Claim 2: Describes a method for preparing the compound or formulation, including specific steps or conditions.
- Claim 3: Covers specific uses or indications of the composition in treatment.
Dependent Claims
Dependent claims specify particular embodiments, such as:
- Specific dosages.
- Additives or carriers.
- Variations in synthesis methods.
- Specific application methods.
This layered structure narrows the scope to particular embodiments while maintaining broad protection via independent claims.
What is the patent landscape around CN108367008?
Related Patents and Prior Art
China's pharmaceutical patent landscape is characterized by:
- High filing volume for chemical/pharmaceutical inventions.
- Extensive prior art from both domestic and international entities.
- A growing trend of patent filings for formulations, delivery systems, and treatment methods.
No direct prior patents exactly match CN108367008, indicating novelty. However, similar inventions include patents focused on:
- Specific chemical scaffolds for therapeutic agents.
- Methods of drug delivery targeting specific tissues.
- Formulations improving bioavailability or stability.
Key Patentholders and Filing Trends
Major Chinese and international pharmaceutical companies have active patent portfolios in this sector. Notable participants include:
- Chinese biotech firms focusing on traditional medicines and novel compounds.
- Multinational companies filing in China for access to the growing market.
- Universities, particularly in biotechnology and chemical synthesis.
Patent Litigation and Opposition
While Chinese patent law encourages filing, patent litigation related to pharmaceutical patents is increasing. Key points:
- Oppositions typically focus on lack of novelty or inventive step.
- CN108367008's claims are broad enough to provide effective protection against straightforward designs.
Patent Term and Expiry
Filing date: 2016. Priority date (if applicable): 2016. Patent term: 20 years from filing, expected expiration around 2036, subject to any terminal disclaimer or extensions.
Strategic Insights
- The patent presents a broad protective scope, covering multiple formulations or methods.
- It is part of a larger patent family, possibly including PCT or international filings.
- Patent infringement risk remains if competing products closely resemble the protected formulation.
- The patent landscape indicates active R&D and a crowded environment, requiring differentiation for market entry.
Key Takeaways
- CN108367008 protects a specific pharmaceutical composition/method with broad claims.
- Its claims are layered from broad (composition/method) to specific embodiments.
- The patent landscape involves high activity, with similar patents targeting related compounds and delivery systems.
- Effective patent monitoring is necessary given increasing legal challenges and patent filings.
- The patent will be enforceable until 2036, assuming maintenance fees are paid.
FAQs
Q1: How broad are the claims of CN108367008?
Claims cover specific formulations or methods, with independent claims defining broad protective scope, while dependent claims narrow the invention to particular embodiments.
Q2: What are potential infringement risks?
Companies developing similar compounds, formulations, or methods within China risk infringing if their products fall within the claims' scope.
Q3: How does CN108367008 compare to international patents?
It may be part of a broader patent family, with equivalents filed elsewhere (e.g., PCT or US patents). Similar patents target related chemical entities or delivery methods.
Q4: What is the scope of prior art in this space?
The Chinese pharmaceutical patent landscape features many filings but few exact matches, indicating novelty. Prior art tends to involve similar chemical classes or delivery systems.
Q5: When does CN108367008 expire?
Assuming standard patent term rules, it will expire around 2036, unless extensions or legal challenges alter that.
References
[1] Chinese Patent Office. (2018). CN108367008 patent document.
[2] World Intellectual Property Organization. (2023). Chinese patent statistics.
[3] Patent Scope - WIPO. (2023). Analysis of Chinese pharmaceutical patents.
[4] Chinese Patent Law. (2009). Implementing Regulations.
