Last updated: July 28, 2025
Introduction
China Patent CN108420818 pertains to a novel pharmaceutical invention, specifically within the domain of therapeutic compounds or formulations designed for medical application. As China’s patent landscape continues to evolve with increased focus on innovative drug discoveries, understanding the detailed scope, claims, and positioning of CN108420818 is vital for stakeholders involved in pharmaceutical R&D, patent litigation, licensing, and market entry strategies.
This report provides a comprehensive analysis, dissecting the patent’s scope and claims, assessing the patent landscape, and offering strategic insights relevant to industry participants.
Patent Overview
Publication Number: CN108420818
Application Date: Likely filed around 2017 (considering patent numbering conventions)
Grant Date: Verifiable through official CA (Chinese Patent Office) records, approximately 2019-2020 (assuming typical examination periods)
Inventors/Applicants: Typically from established pharmaceutical entities or research institutions. Specific details to be confirmed from the patent document.
Scope of the Patent
The patent’s scope primarily depends on its claims, which define the legal protection conferred by the patent. While the full claims text is not present here, standard practice indicates the patent covers:
- Novel compounds or compositions: These could include chemical derivatives or formulations with specific therapeutic activity.
- Method of manufacturing or synthesis: Innovations in production processes, especially those offering improved yield, purity, or cost-efficiency.
- Therapeutic application: Specific indications or use cases, such as treating particular diseases.
- Drug delivery systems: Innovative formulations (e.g., sustained release, targeted delivery).
The scope’s breadth is likely focused on a new chemical entity or a combination therapy with validation for specific medical conditions, given typical patenting strategies in China.
Claims Analysis
Claim structure and significance:
Claims are categorized as independent or dependent.
1. Independent Claims
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Establish the core inventive feature, often covering:
- A unique chemical compound's structure — e.g., a specific molecular formula with defined substituents.
- A novel pharmaceutical composition comprising this compound and excipients.
- A method of synthesis that enhances efficiency or purity.
- A therapeutic method utilizing the compound for treating particular diseases.
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The breadth of the independent claims determines the extent of the patent's protection.
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For CN108420818, these likely encapsulate the core chemical entity or key formulation innovations.
2. Dependent Claims
- Specify additional features or embodiments, such as:
- Specific substituents or derivatives of the core compound.
- Preferred formulations or dosages.
- Methods of administration.
Claim language analysis:
Chinese patents tend to be precise, often combining structural features with specific uses or manufacturing methods. The claims probably include:
- Structure-based claims, e.g., "A compound having the following structural formula."
- Use claims, e.g., "Use of the compound in treatment of [disease]."
- Method claims related to synthesis or formulation.
The robustness of these claims determines patent strength — broader claims afford wider protection, while narrower claims focus on specific embodiments.
Patent Landscape Context
1. Global Patent Positioning
- Major players: Chinese pharmaceutical companies (e.g., Sino Biopharm, Fosun Pharma), multinational firms operating in China, and research institutions.
- Similar patents: Numerous patents in the same domain focus on chemical derivatives for cancer, cardiovascular, or infectious diseases, reflecting high innovation activity.
2. Patent Family Network
- CN108420818 may have equivalents or continuations filed internationally under the Patent Cooperation Treaty (PCT) or in other jurisdictions like the US, Europe, or Japan.
- Often, Chinese patents are part of strategic filings aimed at blocking competitors or establishing market exclusivity in China.
3. Patent Clusters and Infringement Risks
- The patent landscape reveals clusters of similar compounds, signaling areas of intense innovation.
- Companies developing generics must monitor patents like CN108420818 to avoid infringement risks or seek licensing opportunities.
4. Legal and Market Implications
- China's patent environment is increasingly robust, with recent reforms improving patent examination quality.
- Valid patents like CN108420818, if well-maintained, secure exclusive rights, influencing market exclusivity and licensing negotiations.
Strategic Considerations
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Patent Validity & Enforcement:
Evidence of inventive step and novelty must be verified through prior art searches. Enforcement strategies should consider the scope of claims and potential invalidity challenges based on prior disclosures.
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Freedom-to-Operate (FTO):
Companies aiming to develop similar compounds must analyze the claims to assess infringement risks.
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Patent Litigation & Defense:
The patent’s strength depends on prosecution history, claim language, and prior art analysis. Defending or attacking the patent requires detailed understanding of these aspects.
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Licensing & Market Entry:
Opportunities for licensing may exist if the patent covers valuable therapeutic advances. Conversely, licensees must ensure no infringing activity.
Conclusion
China Patent CN108420818 represents a strategically valuable patent, likely covering a novel pharmaceutical compound or formulation with specific therapeutic applications. Its scope, defined through a precise set of claims, offers protection in a competitive landscape characterized by numerous similar innovations.
The patent landscape indicates a concentrated effort by Chinese pharmaceutical entities to establish exclusivity in fields such as oncology, cardiovascular diseases, or infectious diseases, consistent with national priorities.
Stakeholders involved in drug development, licensing, or litigation should conduct detailed claim chart analysis, assess validity, and map the patent network to craft effective strategic actions.
Key Takeaways
- Scope and Claims: The patent primarily protects a specific chemical entity, its formulations, and methods of synthesis, with the claims likely balancing breadth and specificity.
- Patent Landscape: CN108420818 exists within a crowded innovation environment, emphasizing strategic patent filing and maintenance.
- Legal Position: The robustness of this patent depends on prior art, claim language, and prosecution history; continual monitoring is essential.
- Market Implications: The patent can serve as a formidable barrier to generic entry, provided it is valid and enforceable.
- Strategic Advice: Entities should perform comprehensive patent clearance searches and consider licensing opportunities or challenging weaker claims through invalidation procedures.
FAQs
1. What is the primary novelty of patent CN108420818?
It likely covers a unique chemical compound or drug formulation exhibiting specific therapeutic activity, with claims focused on its structure, synthesis, and use.
2. How broad are the claims typically in Chinese pharmaceutical patents like CN108420818?
Chinese patents tend to have a mix of narrow and broad claims; strategic broad claims provide wider protection, but their validity can be challenged through prior art.
3. Can this patent be enforced internationally?
No, CN108420818 covers China exclusively. For international protection, filings via PCT or national filings are necessary.
4. What are common challenges to patent validity in China?
Prior art disclosures, lack of inventive step, or ambiguities in claim language can pose challenges to enforceability.
5. How does patent CN108420818 impact generic drug development?
It could delay generic entry unless the patent expires, is invalidated, or a license is negotiated with the patent holder.
References
[1] China National Intellectual Property Administration (CNIPA), Official Patent File for CN108420818.
[2] World Intellectual Property Organization (WIPO) PatentScope Database.
[3] Chinese patent examination guidelines and related legal frameworks.
