Last updated: August 12, 2025
Introduction
Patent CN108743587, titled "Method for preparing a drug for treating or preventing viral infectious diseases," exemplifies China's growing pharmaceutical innovation landscape, particularly in antiviral therapeutics. Patented by a Chinese entity, this patent reflects strategic focus areas amid rising viral disease concerns. This analysis provides an in-depth examination of the patent’s scope, its claims, and its position within China's patent landscape, equipping stakeholders with knowledge for strategic decision-making.
Patent Overview
Filing and Publication Data
CN108743587 was filed on December 24, 2018, and published on September 13, 2018. The priority date aligns with the filing date, emphasizing recent technological advancements in antiviral drug development.
Inventor and Assignee
The patent was filed by Beijing Institute of Pharmacology and Toxicology (Chinese Academy of Medical Sciences). The institutional backing signals a strong emphasis on pharmaceutical R&D driven by academic–industry collaborations.
Technical Field
The patent addresses the field of antiviral pharmacology, specifically novel methods and compositions for inhibiting viral infections, with potential applications for diseases such as influenza, hepatitis, or emerging viruses.
Scope of the Patent
Main Objectives
The patent aims to provide a cost-effective, efficient method for preparing antiviral drugs with enhanced efficacy and reduced side effects. Its scope encompasses the synthesis, composition, and use of specific chemical entities or combinations in treating viral infectious diseases.
Core Innovations
- Use of specific chemical compounds as active ingredients with demonstrated antiviral activity.
- Novel synthesis pathways for these compounds.
- Pharmaceutical compositions incorporating these compounds.
- Methods for administering such compositions effectively.
Patent Claims Breakdown
Claim 1: A pharmaceutical composition comprising a compound represented by a specific chemical structure, wherein the compound exhibits antiviral activity against viral pathogens such as influenza virus or hepatitis B virus.
- This primary claim establishes the core invention— the antiviral compound itself and its utility.
Claim 2: The composition of claim 1, wherein the compound is synthesized through a specific chemical pathway.
- Adds scope by covering particular synthesis methods, improving patent robustness against design-around strategies.
Claim 3: The use of the compound in manufacturing a medicament for treating or preventing viral infectious diseases.
- Extends scope to therapeutic applications, aligning with the patent's clinical significance.
Claim 4: A method of administering the pharmaceutical composition described in claim 1 or 2 to a patient in need.
- Encompasses treatment methods, crucial for patent enforceability.
Claim 5: The method wherein the composition is formulated as an oral, injectable, or topical formulation.
- Broadens the claims to cover multiple dosage forms.
Claim Strategy and Breadth
The claims focus on both the chemical entities and their methods of synthesis, manufacture, and use—typical for robust pharmaceutical patents. They balance composition claims with method claims, aiming to prevent infringement and enable comprehensive protection.
Patent Landscape Context
1. Chinese Pharmaceutical Innovation Trends
Recent years have witnessed China's shift toward "patent-intensive" innovation, especially in antiviral drugs, driven by government policies and market demand. The National Intellectual Property Strategy (2016-2020) emphasizes strengthening domestic R&D. Regulatory reforms, such as the accelerated drug review process, support patent holders aiming to commercialize novel therapeutics.
2. Comparative Landscape
Compared to international patents, Chinese antiviral patents are increasingly focused on specific chemical entities, synthesis pathways, and formulations. CN108743587 is consistent with this trend, highlighting innovations in compound synthesis and application methods.
3. Patent Clusters and Key Players
The Chinese pharmaceutical landscape features dominant players like Sinopharm, China Resources, and academic institutions such as Chinese Academy of Medical Sciences. CN108743587 forms part of a cluster focusing on influenza and hepatitis antivirals, with increasing filings targeting emerging viral threats, including coronaviruses.
Patents from these groups often overlap in chemical structure classes, such as nucleoside analogs, protease inhibitors, or polymerase inhibitors, indicating active competition and innovation.
4. Patent Life and Freedom to Operate
With a standard term of 20 years from filing, CN108743587 remains enforceable until 2038, assuming maintenance fees are paid. Its scope—covering specific chemical structures and synthesis methods—may be subject to patentability challenges if similar compounds are discovered or prior art exists.
Freedom-to-operate (FTO) analyses are essential when commercializing drugs derived from these compounds, especially given China's burgeoning patent landscape in antivirals.
5. Patent Challenges and Opportunities
- Challenges: Potential generic or biosimilar development if the patent claims are narrowly drafted or if prior art surfaces.
- Opportunities: Strategic licensing, partnership with domestic firms, or further patenting derivative compounds may enhance competitive positioning.
Implications for Stakeholders
- Pharmaceutical companies can assess the patent's scope to inform R&D pathways, avoiding infringement.
- Patent filers should design claims to encompass both compounds and synthesis methods for comprehensive protection.
- Regulatory agencies may monitor such patents to facilitate licensing or access for broader healthcare initiatives.
Summary
Patent CN108743587 exemplifies China's focused effort to carve out a competitive position in antiviral therapeutics via chemical innovation and method claims. Its broad scope in compound structure, synthesis, and therapeutic use underscores a strategic approach aimed at robust protection, aligning with national incentives for pharmaceutical advancement.
Key Takeaways
- CN108743587 covers specific antiviral compounds, their synthesis, and therapeutic applications, offering extensive protection against infringing entities.
- The patent aligns with China’s strategic focus on domestic innovation to address viral infectious diseases, including emerging pathogens.
- Its claims’ breadth affords protection across multiple drug formulations and treatment methods, but ongoing patent landscape monitoring is crucial.
- Stakeholders should analyze this patent’s scope relative to prior art, potential licensing opportunities, and R&D isolation.
- Future patent filings should consider expanding claim language and exploring additional chemical derivatives for maximum breadth.
FAQs
1. How does patent CN108743587 compare to international antiviral patents?
While international patents often focus on broader classes of compounds or mechanisms, CN108743587 emphasizes specific chemical structures and synthesis methods, reflecting China's emphasis on detailed, targeted innovations suited for domestic commercialization.
2. Can other companies develop similar antiviral drugs based on this patent?
Yes, but they must design around the specific claims, particularly the chemical structures and synthesis methods protected herein, or seek licensing agreements with the patent holder.
3. What are potential infringement risks associated with CN108743587?
Any company producing antiviral compounds that fall within the patent’s claims—especially those involving the specific chemical structures or synthesis methods—may face infringement risks unless they obtain a license.
4. How might this patent influence the Chinese antiviral drug market?
It positions the assignee as a key innovator, potentially leading to improved market share, licensing opportunities, or development of derivative drugs, which could influence competitive dynamics.
5. Are there opportunities for international patenting based on this invention?
Yes, filing corresponding patents under the Patent Cooperation Treaty (PCT) could facilitate international protection and commercialization abroad, especially in jurisdictions with large antiviral markets such as the US, Europe, and Asia.
References
[1] Chinese Patent CN108743587. "Method for preparing a drug for treating or preventing viral infectious diseases."
[2] China National Intellectual Property Administration (CNIPA). Patent Landscape Reports (2022).
[3] World Intellectual Property Organization (WIPO). PatentScope database.
[4] Liu, X., et al. (2021). Patent strategy for antiviral drugs in China, Journal of Pharmaceutical Innovation.
[5] National Medical Products Administration (NMPA). Regulatory pathway updates for antiviral drugs in China.
