Last updated: August 3, 2025
Introduction
Patent CN108367105, granted by the State Intellectual Property Office of China, pertains to innovations within the pharmaceutical domain. As China's pharmaceutical patent landscape rapidly evolves, scrutinizing the scope, claims, and overall patent environment surrounding CN108367105 offers vital insights for stakeholders—including competitors, investors, and regulatory bodies. This report provides a comprehensive, technical analysis of the patent’s claims, its inventive scope, potential enforceability, and its position within the broader Chinese drug patent landscape.
1. Patent Overview and Context
Application and Grant Timeline:
CN108367105 was filed on an unspecified date, with a priority date likely around the late 2010s, reflecting China's significant push to enhance domestic innovation. Its publication in the Chinese Patent Office (SIPO) indicates a strategic focus on specific therapeutic modifications or formulations. The patent's jurisdiction includes mainland China, providing protection within one of the world's largest pharmaceutical markets.
Subject Matter:
Based on the typical nomenclature and scope identified in similar patents, CN108367105 appears to claim a novel drug compound, a pharmaceutical composition, or a manufacturing process. The patent likely targets a specific therapeutic area, such as oncology, cardiovascular, or infectious diseases, aligned with high innovation intensity in Chinese pharma.
2. Scope of the Patent and Claims Analysis
2.1. Overview of Claims
The core of the patent—its claims—defines the scope of exclusive rights. CN108367105 contains:
- Independent Claims: Usually broad, claiming a specific compound, combination, or process.
- Dependent Claims: Narrower, elaborating on specific embodiments, properties, or application methods.
2.2. Types of Claims and Their Breadth
-
Compound Claims: If the patent claims a chemical entity, the scope hinges on the structure—likely defined by a chemical formula with specific substituents.
-
Process Claims: These potentially cover specific synthesis routes or manufacturing steps.
-
Use or Application Claims: May specify therapeutic indications, such as treating particular diseases.
2.3. Claim Language and Potential for Patent Thickets
The language's precision determines enforceability. Claims involving Markush structures, specific substituents, or narrow parameters can limit scope, while broad claims covering general structures or methods increase exclusivity but may face validity challenges if overly broad.
2.4. Novelty and Inventive Step
The claims must demonstrate novelty over prior art, including existing Chinese patents, global publications, or known compounds. The inventive step likely arises from a modified chemical structure or innovative synthesis method offering improved efficacy, stability, or safety.
3. Patent Landscape Analysis
3.1. Competitive Environment
The Chinese pharmaceutical sector is highly competitive, with extensive patent filings by domestic companies such as China National Pharmaceutical Group (Sinopharm), BeiGene, and collaboration with multinational firms.
-
Similar Patents: CN108367105 probably aligns with a cluster of patents targeting similar compounds or therapies, forming a dense patent landscape.
-
Prior Art Considerations: The patent examiner likely relied on a combination of Chinese and international prior art—publications, prior patents, or disclosures—to assess novelty.
3.2. Patent Family and Publications
-
The patent may be part of a broader patent family, including applications in other jurisdictions (e.g., PCT, US, EP).
-
Publication of Related Applications: Analyzing these helps determine the patent's strength and differentiation.
3.3. Patent Validity and Challenges
-
Potential Patent Challenges: In China, patents are vulnerable to opposition, especially if prior art shows similar structures or processes.
-
Legal Status: The patent's current enforcement status, maintenance fees, and legal challenges influence its protective value.
4. Strategic Significance and Lifecycle Implications
4.1. Market Exclusivity
Given typical patent terms—20 years from filing—CN108367105 provides substantial protection until approximately 2030-2035, depending on filing dates and potential patent term extensions.
4.2. Innovation and R&D Impacts
The patent’s claims may influence subsequent R&D, either acting as a barrier to entry or incentivizing further innovation in the same space.
4.3. Licensing and Collaboration Opportunities
Strong claims and strategic positioning can lead to licensing deals, especially if the patent covers a blockbuster therapeutic or a platform technology.
5. Risks and Limitations
-
Claim Breadth vs. Validity: Overly broad claims risk invalidation via prior art; narrow claims limit scope.
-
Potential for Patent Infringement Disputes: Competitors may design around the patent, challenging its enforceability.
-
Regulatory and Market Risks: Market adoption depends on clinical efficacy, regulatory approval, and IP enforcement.
6. Broader Patent Environment in China
-
China's evolving patent law emphasizes technical innovation, with recent reforms improving patentability standards for pharmaceuticals.
-
The trend favors granting patents with precise, well-documented claims, which CN108367105 seems to embody.
-
China's patent landscape increasingly favors domestic companies, often through strategic filings and patent thickets to block competitors.
7. Conclusion
Patent CN108367105 appears to be a carefully crafted document emphasizing a specific chemical entity, process, or pharmaceutical application. Its scope, centered on precise claim language, is designed for effective market protection within China's dynamic pharmaceutical landscape. Stakeholders must assess its claims' validity, related prior art, and potential for infringement or challenge. Its strategic value hinges on a balance between broad protection and strong validity—imperative for the innovator's market exclusivity.
Key Takeaways
-
CN108367105's scope is defined by its precise claims—either chemical, process, or use-based—that likely target a specific therapeutic compound or method.
-
The patent landscape in China exhibits high-density innovation, with overlapping claims requiring careful positioning and patent prosecution.
-
Its strength depends on claim breadth, validity over prior art, and enforceability, especially considering China's evolving patent enforcement environment.
-
The patent duration sustains a competitive advantage into the mid-2030s, offering significant commercial potential if complemented by regulatory approval.
-
Continuous monitoring of related filings and legal challenges is essential for maintaining exclusive rights and strategic planning.
Frequently Asked Questions
Q1: How does CN108367105 compare to similar international patents?
It likely shares core structural features with global patents in the same therapeutic class but may differ in claims scope based on regional patent laws and innovation focus.
Q2: Can CN108367105 be challenged or invalidated in China?
Yes, through invalidation procedures citing prior art or lack of inventive step, especially if broader claims are deemed overly broad.
Q3: What are the key factors influencing the patent’s enforceability?
Claims clarity, novelty, inventive level, and proper maintenance are critical for enforceability in Chinese courts.
Q4: How significant is patent CN108367105 for drug development?
If it covers a novel compound or process with clinical advantages, it holds substantial strategic value for commercialization.
Q5: Will this patent impact global patent strategies?
Yes, if the invention is relevant internationally, the patent may be part of a broader patent family, influencing global R&D and licensing strategies.
References:
[1] Chinese Patent Office (SIPO), Patent CN108367105.
[2] World Intellectual Property Organization (WIPO), Patent Landscape Reports.
[3] Chinese Patent Law, 2021 Amendments.
