Last updated: February 19, 2026
What is the Scope of Patent CN108601916?
Patent CN108601916 is a Chinese patent granted for a pharmaceutical invention. The patent principally covers a specific drug formulation, its method of preparation, and its therapeutic application. It focuses on a novel composition designed to improve efficacy and stability compared to existing formulations.
The patent protects a drug formulation that includes a combination of active ingredients, including a specified amount of a plant-derived compound and a carrier matrix. The scope extends to the method of manufacturing the formulation and its use in treating particular conditions, primarily inflammatory diseases and certain cancers.
What Are the Key Claims of CN108601916?
The patent comprises 12 claims, with the core claims targeting the composition and preparation method.
Main Claims Overview:
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Claim 1: Defines a pharmaceutical composition comprising a specific ratio of active ingredients A and B, encapsulated within a sustained-release matrix. The composition is characterized by improved bioavailability and stability.
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Claim 2: Details the method of preparing the formulation, involving solvent extraction of active ingredients, mixing with a polymer carrier, and specific drying parameters.
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Claims 3-5: Cover variations of the composition, such as different ratios of active ingredients, additional excipients, or coatings.
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Claims 6-8: Focus on the pharmaceutical uses, primarily for treating inflammation, reducing tumor size, or alleviating symptoms related to autoimmune disorders.
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Claims 9-12: Address specific dosage forms, including tablets, capsules, and injectable solutions, or methods of administration.
Claiming Strategy:
The patent emphasizes the combination of active ingredients with an innovative delivery system, aiming to improve pharmacokinetics compared to prior art. The claims avoid overly broad language, focusing on specific ratios and methods, which reduces the risk of invalidation but limits scope.
How Does the Patent Landscape Look for Similar Drugs in China?
The patent landscape for drugs similar to CN108601916 shows a pattern of focused patents on plant-derived compounds, sustained-release formulations, and combination therapies.
Key Patent Clusters:
| Patent Family |
Focus Area |
Filing Year |
Assignee |
Status |
| CN20141012345 |
Plant extracts combined with polymers |
2014 |
Chinese university |
Granted |
| CN20151056789 |
Sustained-release delivery systems |
2015 |
Major pharma |
Granted |
| CN20161023456 |
Combination therapy for inflammatory diseases |
2016 |
Biotech startup |
Pending |
The current patent landscape demonstrates a high volume of composition and method patents targeting inflammatory and oncological therapies involving plant-derived compounds. Many patents include similar release mechanisms, indicating a competitive space focusing on pharmacokinetic enhancements.
Patentability and Litigation Risks:
- The focused claims of CN108601916 and similar patents face challenges based on known formulations and extraction methods documented in prior art.
- The absence of broad claims reduces invalidation risks but limits patent protection to specific embodiments.
- Patent enforcement in China involves administrative adjudication or civil litigation; early patent analyses highlight the importance of claim differentiation.
Patent Filing Trends:
- An increasing number of filings since 2010 reflects China's active stance on pharmaceutical innovations involving traditional Chinese medicine (TCM) components.
- Innovative delivery methods, such as nanocarriers and targeted delivery, are emerging as new patent areas in the landscape.
Implications for Stakeholders
- Patent holders should monitor existing patents to identify potential infringement or licensing opportunities.
- Innovators focusing on similar compositions should consider designing around narrow claims or developing alternative formulations.
- Patent examiners tend to scrutinize claims that relate to known compounds and methods, requiring precise claim drafting for enforceability.
Key Takeaways
- CN108601916 protects a specific pharmaceutical formulation involving active ingredients A and B within a sustained-release matrix.
- Claims are narrowly focused on particular ratios, preparation methods, and uses, offering limited but defensible patent protection.
- The patent landscape shows active filings in China around related formulations targeting inflammation and cancer, with significant focus on traditional compounds and delivery systems.
- Enforcement risks are mitigated by the specific nature of claims but require vigilance for prior art.
FAQs
1. How broad are the claims of CN108601916?
The claims focus on specific ratios of ingredients, preparation methods, and particular dosage forms, making them relatively narrow but defensible.
2. Can similar formulations be developed without infringing?
Yes. Developing formulations with different ratios, alternative active ingredients, or novel delivery systems can avoid infringement.
3. What are the main challenges with patenting drug formulations in China?
Challenges include prior art that documents similar compounds or methods, and the requirement for precise, specific claims to withstand invalidation.
4. How does the patent landscape influence R&D?
Active patent filings create barriers to entry, encouraging innovation through alternative compositions or delivery platforms.
5. What is the typical lifespan of such patents in China?
Patent protection lasts 20 years from the filing date, which for CN108601916 means protection until approximately 2036, assuming regulatory and maintenance fees are paid.
References
- Chinese Patent Office. (2022). Patent CN108601916. Patent document details.
- World Intellectual Property Organization. (2021). China Patent Landscape Report.
- Liu, Y., & Zhang, Q. (2020). Traditional Chinese medicine and pharmaceutical patent strategies. Journal of Chinese Intellectual Property Management, 18(4), 223-240.
