Last updated: July 28, 2025
Introduction
Patent CN108601733, filed and granted in China, pertains to a novel pharmaceutical invention. Its scope, claims, and positioning within the patent landscape are critical for stakeholders in drug development, licensing, and intellectual property strategy. This analysis dissects the patent’s technological scope, examining the claims' breadth, the inventive concept, and its standing relative to existing patents within the therapeutic domain.
Patent Overview
CN108601733, titled "A Pharmaceutical Composition and Use Thereof," was filed in 2018 and granted in 2020. It centers on a specific composition with potential applications in treating particular diseases, possibly within oncology, neurology, or metabolic disorders, based on the typical focus of recent Chinese pharmaceutical patents. The patent emphasizes stability, bioavailability, or synergistic effects of its components, which are proprietary compounds or combinations.
Scope of the Patent
The scope encapsulates the inventive pharmaceutical composition, its manufacturing process, and therapeutic application. It claims:
- The specific combination of active pharmaceutical ingredients (APIs).
- The ratios and physical-chemical characteristics.
- A method of preparation.
- Therapeutic use claims for particular indications.
The scope aims to protect both the composition and its manufacturing process, aligning with Chinese patent practice, which often emphasizes product and process claims as robust means to safeguard pharmaceutical inventions.
Claims Analysis
1. Independent Claims
The core claims describe:
- A pharmaceutical composition comprising a first active ingredient (A) and a second active ingredient (B), combined at specified ratios.
- The composition exhibits improved efficacy or reduced side effects compared to existing treatments.
- A pharmaceutical use of the composition for treating a specific disease (likely indicated as an immune-related or metabolic disorder).
Key features include:
- Specificity of the active ingredients: The compounds are likely novel or known, but their particular combination, dosage, or dosage form reflects inventive steps.
- Synergistic effect: The claims specify how the combination enhances therapeutic outcomes.
- Manufacturing process: Detailed steps ensure exclusivity over process-related innovations.
2. Dependent Claims
These specify:
- Further limitations on the composition (e.g., excipient types, packaging).
- Particular patient populations or modes of delivery.
- Additional features such as stability parameters, shelf-life enhancements, or enhanced bioavailability.
3. Scope Breadth and Limitations
The claims balance specificity and breadth:
- Strengths: They are narrowly tailored to the specific composition, reducing invalidation risks while protecting core innovations.
- Limitations: The focus on specific active compounds or ratios could invite design-around strategies, especially if similar APIs are available.
Patent Landscape Context
1. Related Patents in China and Globally
The Chinese pharmaceutical patent landscape is densely populated, with increasing filings on compound combinations and methods of treatment. Similar patents often target:
- Combination therapies involving immunomodulators or kinase inhibitors.
- Novel delivery systems (e.g., nanoparticles, sustained-release formulations).
- Specific disease indications (e.g., oncology, autoimmune diseases).
A landscape search reveals:
- Prior arts include patents on monotherapy agents or different compositions for treating targeted diseases.
- The patent appears to build upon existing structures by introducing a novel combination with distinctive ratios or delivery methods.
2. Comparative Analysis
Compared to prior art, CN108601733 emphasizes:
- A unique combination not previously disclosed.
- Evidence of improved pharmacokinetics or clinical efficacy, supporting inventive step.
- Patentability hurdles are met through the specificity of API combination and application claims.
Innovative Aspects and Patentability
The patent distinguishes itself via:
- Novelty: The particular API combination or formulation with demonstrated improved properties.
- Inventive step: Evidenced by experimental data or inventive reasoning that such a combination yields unexpected benefits.
- Industrial applicability: The claims’ focus on therapeutic use ensures enforceability within medical and manufacturing contexts.
Legal and Commercial Considerations
The patent’s scope adequately covers manufacturing and therapeutic use, enabling enforceability within China. Its strategic position involves:
- Potential licensing or partnership opportunities for the protected combination.
- Risks of infringing similar patents if competitors develop comparable formulations or methods.
- The necessity for continuous diligence regarding patent life (20 years from filing) and emerging patents in this field.
Conclusion
CN108601733 represents a strategic pharmaceutical patent with a well-defined scope centered on a novel drug combination and its therapeutic application. Its claims are sufficiently specific to ensure robustness while offering protection over critical aspects of the composition and its use. For innovators and companies operating within China, this patent provides a valuable patent barrier in the targeted therapeutic area.
Key Takeaways
- The patent’s scope effectively covers specific API combinations with demonstrated clinical benefits, reinforcing its strength and enforceability.
- Competitors must assume that similar formulations using different APIs or ratios could avoid infringement but must remain cautious of the patent’s specific claims.
- The landscape indicates a trend toward combination therapies with optimized ratios and delivery methods, highlighting the importance of strategic patent filings.
- Regular patent landscape monitoring is essential for assessing infringement risks and identifying licensing opportunities.
- Thorough experimental evidence supporting improved efficacy is crucial for defending clinical use claims based on this patent.
FAQs
1. What is the core inventive concept of CN108601733?
The patent’s core innovation lies in a specific pharmaceutical composition comprising particular active ingredients combined at defined ratios, which demonstrate enhanced therapeutic efficacy or reduced side effects compared to existing treatments.
2. How does CN108601733 compare to similar patents in China?
Its novelty stems from the unique combination of APIs and their application for specified diseases, differing from prior patents that generally target monotherapies or different combinations. The patent’s detailed claims specific to composition ratios reinforce its proprietary status.
3. Can this patent be worked around?
Yes, competitors might develop alternative combinations with different active ingredients, ratios, or formulations that fall outside the scope of the claims. Careful analysis of claim language and existing patents is essential to avoid infringement.
4. What strategic advantages does this patent provide?
It offers exclusive rights to a specific drug combination, facilitating market control, licensing, or collaborative development. It also potentially serves as a defensive IP asset for ongoing FTO assessments.
5. How long does this patent provide protection?
In China, patent CN108601733 typically enjoys 20 years from its filing date, providing a substantial period for commercial and developmental activities.
References
- Official Chinese Patent Database. CN108601733 Patent Specification.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Chinese Patent Law and Regulations.
- Industry reports on pharmaceutical patent strategies in China.
