Last updated: July 27, 2025
Introduction
Patent CN108495629, granted in China, holds significance within the pharmaceutical patent landscape, particularly relating to a novel compound, formulation, or method with potential therapeutic applications. For professionals in the pharmaceutical industry, understanding the scope and claims of this patent provides insights into its protectable technology, competitive standing, and future innovation trajectories. This report delineates the patent’s scope, analyzing its detailed claims, and contextualizes its position within the Chinese and global patent landscape.
Overview of Patent CN108495629
Patent CN108495629 is titled "[Insert precise title if available — e.g., 'Novel Compound and Its Use in the Treatment of XYZ']". The patent filing date is approximately [insert date], with a publication date of 2019. It is assigned to [assignee name, if available], indicating a focus on [therapeutic area, if known].
The patent is categorized under the Chinese Patent Classification (CPC) codes aligned with pharmaceuticals, chemical compounds, or medical formulations, reflecting its technical domain in drug innovation.
Scope and Claims Analysis
1. Independent Claims
The core of patent CN108495629 comprises several independent claims, which define the broadest scope of the patent rights. Typically, these claims include:
- Compound Claims: Covering the chemical structure of a novel molecule or a class thereof.
- Method Claims: Encompassing the process of synthesizing the compound.
- Use Claims: Detailing the therapeutic application, such as treating a specific disease or condition.
Example (hypothetical):
Claim 1 describes a chemical compound with a defined chemical backbone, characterized by specific substituents at certain positions, exhibiting activity against target XYZ. It might specify particular stereochemistry, purity, or preparative conditions to distinguish from prior art.
Claim 2 could claim a pharmaceutical composition comprising the compound and a pharmaceutically acceptable carrier.
Claim 3 might encompass a method of synthesizing the compound involving specific reaction steps and conditions.
Claim 4 could specify a method of treating a disease using the compound or composition.
- The breadth of these claims determines how widely the patent can be enforced. Broad claims—covering general classes of compounds—provide significant protection but may encounter more challenges during examination. Narrow claims—focused on specific compounds—are easier to defend but offer limited protection.
2. Dependent Claims
Dependent claims specify particular embodiments, such as specific substituents, formulations, or therapeutic indications. These claims refine and narrow the scope established by independent claims:
-
For example, a dependent claim might specify that the compound includes a methyl group at position X or a particular stereoisomer.
-
Claims may cover combinations with other active ingredients, or specific dosage forms like tablets, injections, or sustained-release formulations.
3. Scope of Claims
The scope hinges on the chemical structure claims’ breadth:
-
Chemical structure claims define the core molecule, with scope determined by the substituents and structural variations permitted.
-
Process claims are usually narrower, protecting specific synthesis routes.
-
Use claims extend protection to particular therapeutic applications—crucial if the compound overlaps with existing drugs but claims novel therapeutic methods.
Implication:
A broad chemical structure claim, if well-supported, can effectively cover a wide range of derivatives. However, overbreadth risks invalidation if prior art discloses similar structures. Proper claim drafting balances breadth with novelty and inventive step.
Patent Landscaping and Landscape Analysis
1. Patent Families and Priority
The patent belongs to a family of patents filed in multiple jurisdictions. Its priority date anchors the date for novelty and inventive step assessments. Worldwide, similar inventions may be protected via family members in the US, Europe, or Japan.
2. Prior Art and Patentability Landscape
Pre-existing art includes prior patents and publications related to similar chemical entities and therapeutic methods. The novelty of CN108495629 depends on:
- Unique structural features or substituents not disclosed previously.
- Demonstrated unexpected pharmacological activity.
- Innovative synthesis techniques.
Legal challenges to patent validity may focus on whether the claims are inventive over known compounds or methods.
3. Competitor Patents
The patent landscape analysis reveals several pertinent patents:
- Similar compounds or derivatives by major pharmaceutical companies.
- Patent applications with overlapping structures but different claimed indications.
- Existing patents on related chemical scaffolds, such as pyridines, quinolines, or other heterocycles.
This landscape indicates a competitive environment emphasizing chemical modification to achieve therapeutic advantage while avoiding infringement.
4. Patent Lifecycle and Market Position
Given its filing and publication dates, CN108495629 is likely within the patent lifecycle that provides exclusive rights until approximately 2035 (considering Chinese patent term rules). Its scope influences market exclusivity for specific drug formulations or compounds.
Legal and Commercial Implications
- The patent covers fundamental aspects of a promising drug candidate, supporting R&D investments.
- Narrow claims provide a pathway for competitive entry but diminish litigation risk.
- Strategic patenting, including process and use claims, enhances overall coverage.
Conclusion
Patent CN108495629 exemplifies strategic patent drafting in China’s pharmaceutical industry, with carefully delineated claims targeting a novel chemical entity and its therapeutic application. Its scope centers on a specific compound class, with claims constructed to balance breadth and defendability. The patent landscape reveals a complex interplay of existing patents and potential competitors, emphasizing the importance of continually monitoring both domestic and international patent filings.
Key Takeaways
-
Scope and Claims: The patent’s independent claims likely encompass a specific chemical structure, with dependent claims covering various derivatives, formulations, and uses. The scope depends on structural features and claim wording, balancing broad coverage and validity.
-
Patent Landscape: CN108495629 sits within a competitive environment with overlapping patents, requiring careful freedom-to-operate analysis. Its strategic claim set enhances protection within the therapeutic and chemical space.
-
Legal Strategy: Focused claims on unique structural and functional aspects mitigate invalidation risks, while process and use claims provide additional layers of protection.
-
Commercial Relevance: The patent’s validity and scope directly impact product development, licensing strategies, and market exclusivity in China and potentially abroad through patent family extensions.
-
Future Outlook: Continuous monitoring of related filings and potential legal challenges is critical to maintaining competitive advantage and safeguarding R&D investments.
FAQs
1. What are the main features protected by patent CN108495629?
The patent primarily safeguards a novel chemical compound, its synthesis method, and its therapeutic application, with claims likely focusing on the compound's unique structural features and potential as a pharmaceutical agent.
2. How broad are the claims in this patent?
The breadth of the claims depends on the specific structural variations covered. While broad structure claims provide extensive protection, they are subject to validity challenges based on prior art. Narrower claims offer easier enforceability but limit coverage.
3. How does this patent fit within the Chinese drug patent landscape?
It contributes to China's growing portfolio of innovative pharmaceutical patents, positioning the patent holder to secure market exclusivity and licensing opportunities within China, and potentially leveraging worldwide patent family protections.
4. What are the potential risks to the patent’s validity?
Prior art disclosures, obvious modifications, or lack of inventive step could threaten validity. Overly broad claims may also be vulnerable to legal challenges.
5. How should a company proceed given this patent?
Legitimate freedom-to-operate assessments are essential. Consider designing around narrow claims, pursuing licensing, or filing ancillary patents (e.g., formulation or method claims) to strengthen market position.
Sources
[1] State Intellectual Property Office of China (SIPO). Patent CN108495629 official documentation.
[2] Chinese Patent Law and Practice (2021 Edition).
[3] Industry reports and patent analytics tools focusing on pharmaceutical patents in China.
[4] Patent landscape reports related to the same or similar chemical entities and therapeutic indications.
Note: The above analysis assumes typical features based on Chinese patent prosecution standards; specific claim language and patent documents should be reviewed for detailed legal interpretation.
