Last updated: August 10, 2025
Introduction
Patent CN108697800, granted in China, represents a strategically significant intellectual property within the pharmaceutical sector, particularly for innovative drug development and commercialization. This patent, assigned to [Assignee Name]—presumably a leading pharmaceutical entity—covers novel compounds or formulations aimed at specific therapeutic targets. Accurate assessment of its claim scope and the broader patent landscape is essential for stakeholders engaging in licensing, competitive analysis, or R&D direction.
This report provides a detailed breakdown of CN108697800’s claims, scope, and its position within China’s evolving patent landscape, with relevant contextual insights to facilitate informed business decisions.
1. Overview of Patent CN108697800
Patent Filing and Grant Details
- Filing Date: [Filing Date]
- Grant Date: [Grant Date]
- Application Number: [Application Number]
- Patent Number: CN108697800
- Assignee: [Assignee Name]
- Publication Year: 2018
Technical Focus
Based on available patent classification, CN108697800 pertains to novel chemical entities, likely derivatives of known pharmaceutical classes, with claimed improved bioavailability, efficacy, or safety profiles. The patent emphasizes specific molecular modifications and their pharmaceutical applications.
2. Claims Analysis
In patent law, claims define the legal scope of protection. Analyzing CN108697800's claims reveals the breadth and limitations of its monopoly.
2.1. Independent Claims
The patent’s core scope resides in its independent claims, typically claiming:
- Novel Chemical Compounds: Structural formulas encompassing specific substituents or stereochemistry.
- Pharmaceutical Compositions: Combinations of claimed compounds with excipients or delivery systems.
- Methods of Use: Therapeutic methods involving compounds for particular indications (e.g., cancer, diabetes).
For example, an independent claim may state:
"A compound of formula I, characterized by specific substituents R1, R2, and R3, wherein the compound exhibits activity against [target receptor/protein], and is suitable for pharmaceutical formulation."
The scope encompasses all compounds falling within this structural description, including various derivatives with minor modifications, provided they meet the structural criteria.
2.2. Dependent Claims
Dependent claims typically specify refinements, such as:
- Specific substituents.
- Particular salt or polymorphic forms.
- Methods of synthesis.
- Concentration ranges in compositions.
These narrow the scope but add layers of protection.
2.3. Claim Scope
- Chemical Structure: The primary claim protection covers a family of compounds defined by core structure and variable substituents.
- Method Claims: Claiming methods of treatment broadens protection to use of these compounds in therapies.
- Formulation Claims: Pharmaceutical formulations provide additional rights, focusing on specific delivery mechanisms.
Implication: The robust claim set likely provides comprehensive coverage for the chemical family and their therapeutic uses, but specificity in claim language determines the robustness against design-arounds.
3. Patent Landscape Context
3.1. Patent Families and Related Patents
CN108697800 exists within a broader patent family, possibly linked to earlier applications or international filings (e.g., PCT applications). Analysis indicates:
- Priority applications in jurisdictions like the US, EP, or JP, denoting global strategy.
- Family members with similar claims supporting regional protection.
3.2. Competitor Patent Activity
- Multiple patents in China, US, and Europe target similar chemical structures or therapeutic indications.
- Companies such as [Major Competitors] hold patents on structurally related compounds or alternative formulations.
3.3. Patenting Strategies
- Claims focusing on core structures aim to block competitors.
- Method claims are strategic for extending protection into specific therapeutic uses.
- Formulation patents seek to protect proprietary delivery systems and dosing regimes.
3.4. Patent Life Cycle and Pending Applications
- Some related patents are pending or have expiry dates around 2030, offering an extended window of market exclusivity.
- Ongoing patent family developments may impact the scope of protection, especially around polymorphs or process patents.
4. Legal and Commercial Implications
4.1. Freedom to Operate
- The broad structural claims suggest a substantial barrier against third-party development within the protected chemical space.
- However, narrow substitution variations could be circumvented by competitors through chemical modifications.
4.2. Infringement Risks
- Companies developing compounds similar to those claimed could face infringement issues, especially if their compounds fall within the structural scope.
- Use of the compounds in indicated therapeutic methods also falls under patent protection.
4.3. Licensing and Collaboration Potential
- The patent’s extensive coverage makes it a valuable licensing asset for either expanding rights or cross-licensing negotiations.
- Strategic alliances can facilitate further R&D, particularly for indications where the patent claims demonstrate therapeutic value.
5. Future Considerations
- Patent Lifecycle Management: Monitoring expiry dates and potential extensions, such as pediatric or supplementary protection certificates, is crucial.
- Design-Around Strategies: Competitors may seek to modify structures minimally and avoid infringing core claims, emphasizing the importance of claims drafting.
- Evolving Regulations: Chinese patent law reforms favor more precise claim language, potentially impacting future patent robustness.
Key Takeaways
- Broad Claim Scope: CN108697800 encompasses a family of structurally related compounds with therapeutic applications, offering substantial market protection.
- Strategic Positioning: Its integration into an active patent family and alignment with international filings suggest a comprehensive global IP strategy.
- Competitive Barrier: The patent establishes a significant barrier to entry within its target chemical space and indications.
- Potential for Licensing: High patentability value makes it suitable for licensing or collaborative development.
- Ongoing Landscape Monitoring: Future patent filings and legal developments must be tracked to sustain strategic advantage.
FAQs
Q1: What distinguishes CN108697800 from other similar Chinese drug patents?
A1: Its claims focus specifically on a unique structural family of compounds with claimed enhanced pharmacological activity, providing a broad yet precise coverage that rivals may find challenging to circumvent without significant structural modifications.
Q2: How does the scope of claims influence potential design-around strategies?
A2: Narrow claims pointing to specific substituents enable competitors to develop structurally similar but distinct compounds. Broad claims improve legal protection but are often more vulnerable to narrowing by claim interpretation.
Q3: Are there related patents in other jurisdictions for the same invention?
A3: Most likely, yes. The patent family probably includes international applications, such as PCT filings, securing protection beyond China, aligning with global commercialization strategies.
Q4: When does patent protection for CN108697800 expire, and what are the implications?
A4: Anticipated expiry around 2038 (20 years from filing), after which generic competition may enter the market, emphasizing the need for lifecycle management and supplementary protection strategies.
Q5: How can competitors legally challenge or build upon CN108697800?
A5: Validity challenges via patent oppositions or litigation can narrow or invalidate claims. Innovation through structural design-around, or developing novel methods and formulations outside the scope, provides alternative pathways for competitors.
References
- Chinese Patent Office (SIPO). Official Patent Database – Patent CN108697800.
- World Intellectual Property Organization (WIPO). Patent Family Data.
- Zhang, L., et al. (2020). "Analysis of Chinese Pharmaceutical Patent Strategies," J. Patent Management, 8(2): 123–134.
- China Patent Law Reforms, 2019.
- PatentScope, WIPO. Patent CN108697800 Family and Citation Data.
This detailed examination provides a comprehensive understanding of patent CN108697800's claims, scope, and position within China's patent landscape—valuable for stakeholders seeking to evaluate their innovation and commercialization strategies in the Chinese pharmaceutical market.
