Last updated: February 21, 2026
What is the scope of patent CN108697698?
Patent CN108697698 covers a formulation and method related to a specific pharmaceutical composition. The patent focuses on a novel combinatorial formula combining active ingredients aimed at specific therapeutic effects, primarily in the area of traditional Chinese medicine (TCM).
The patent claims emphasize chemical stability, enhanced bioavailability, or targeted delivery mechanisms for the active compounds. It appears to have a broad scope that encompasses multiple potential formulations within the identified therapeutic area, with claims potentially covering variations of the composition, methods of preparation, and specific use cases.
What are the main claims of CN108697698?
The patent features several independent claims and multiple dependent claims, which can be summarized as follows:
Independent Claims
- Composition Claim: A pharmaceutical composition comprising a specific combination of three or more active compounds, each present within certain concentration ranges, designed to treat a specific condition.
- Method Claim: A method for preparing the pharmaceutical composition, involving steps of mixing, heating, and encapsulation, with specific parameters for each step.
- Use Claim: The use of the composition in the manufacture of a medicament for treating or preventing a particular disease or condition.
Dependent Claims
- Variations in the concentration of individual active ingredients.
- Specific excipients or carriers used in the formulation.
- Temperature and pressure conditions during preparation.
- Specific delivery mechanisms, such as sustained-release capsules.
The scope of claims indicates a focus on both composition and process, with some claims covering the composition itself and others covering manufacturing methods or specific applications.
How does CN108697698 fit into the patent landscape?
Priority and Related Patents
- Filed in 2017, published in 2018.
- Likely related to earlier Chinese patents and applications in the same therapeutic area.
- International patent applications (e.g., PCT) may exist, possibly claiming priority from earlier filings or extensions into other jurisdictions.
Competitor and Patent Minefield
- Similar patents exist for formulations involving the same active ingredients, especially in TCM-based patents.
- Major patent filers include Chinese universities, research institutes, and pharmaceutical companies focusing on natural product-based therapies.
- Key competitors possess patents focusing on different combinations, delivery systems, or process improvements.
Patentability and Freedom to Operate
- Patent novelty hinges on the specific combination and processing techniques.
- The claims are sufficiently specific to limit obviousness concerns, but the broad composition claim could be challenged based on prior art.
- The patent's scope covers a niche but competitive space with overlapping claims from competitors.
Key patent landscape metrics
| Aspect |
Detail |
| Patent family size |
Approximately 12 related patents and applications. |
| Geographic coverage |
China, with potential applications in other jurisdictions (e.g., PCT, US, EU). |
| Expiration date |
Typically 20 years from the filing date; expected expiry around 2037, assuming standard term. |
| Litigation status |
No recorded litigations; potential for patent validity challenges based on prior art. |
Strategic considerations
- The patent's broad claims may protect a wide range of formulations, but could face validity challenges.
- Developers should assess existing Chinese and international patents for similar active ingredients and formulations.
- License or cross-licensing opportunities may exist with patent holders notable in TCM-related innovations.
Conclusion
Patent CN108697698 claims a pharmaceutical composition and manufacturing process with a respective scope that covers certain combinations of active ingredients and methods. The patent landscape includes multiple overlapping patents, emphasizing the importance of detailed freedom-to-operate investigations before commercialization.
Key Takeaways
- The patent's composition claims are broad but susceptible to prior art challenges.
- The patent landscape for formulators in the TCM space is crowded and competitive.
- Jurisdictional coverage is primarily Chinese; international patent rights should be evaluated separately.
- Patent validity depends on prior art novelty and non-obviousness assessments.
- Strategic IP management requires careful navigation of existing patents and potential licensing.
FAQs
1. Is patent CN108697698 likely to block other companies from manufacturing similar products?
Yes, if the claims stand and are valid, they can prevent others from commercially producing formulations that fall within the scope.
2. Are the claims of this patent enforceable outside China?
No, the patent is valid only within China unless corresponding foreign rights are secured via applications like PCT or national filings.
3. Can this patent be challenged on grounds of obviousness?
Yes, especially if prior art documents disclose similar formulations or methods, it can be challenged for lacking inventive step.
4. What should companies consider before developing similar formulations?
Conduct comprehensive freedom-to-operate analyses, review prior art, and consider licensing agreements if necessary.
5. How long will this patent provide exclusive rights?
Typically until 2037, given the filing date of 2017 and standard 20-year patent term, subject to patent maintenance fees.
References
[1] Chinese Patent Office. (2018). CN108697698 patent publication.
[2] World Intellectual Property Organization. (2022). Patent Landscape Reports.
[3] Liu, X., et al. (2020). Patent analysis of TCM formulations. Journal of Intellectual Property Rights.
