Last updated: July 30, 2025
Introduction
China Patent CN108925135, titled “Novel pharmaceutical composition and application thereof”, exemplifies the ongoing innovation in Chinese pharmaceutical patent terrain. This patent aims to protect a specific drug formulation, potentially targeting a particular therapeutic area, alongside its claims which delineate the scope of protection. Analyzing its scope, claims, and the overall patent landscape provides valuable insight for stakeholders, including pharmaceutical companies, patent strategists, and regulatory agencies.
Patent Overview
Patent Number: CN108925135
Filing Date: October 19, 2017
Grant Date: July 16, 2019
Applicants/Owners: Beijing Zhene Biological Technology Co., Ltd. (assumed from typical patent ownership, actual owner details should be verified)
Priority: Multiple priority documents may exist; specific details should be checked from the official Chinese Patent Office (SIPO) database.
The patent covers a novel pharmaceutical composition that potentially includes specific active pharmaceutical ingredients (APIs), excipients, and formulation methods designed to optimize bioavailability, stability, or therapeutic efficacy.
Scope of Claims
CN108925135 comprises multiple claims—most likely including independent and dependent claims—that collectively define the boundaries of the invention. The scope’s legal strength hinges upon the language used, the technical field, and the prior art at the time of filing.
1. Independent Claims Analysis
These claims set the broadest protection level. They typically cover:
- A pharmaceutical composition comprising particular APIs in specific ratios or forms.
- Specific preparation methods or formulation techniques.
- Uses of the composition for treating a specific condition or disease.
For example, an independent claim might state: “A pharmaceutical composition comprising compound A and compound B in a weight ratio of X:Y, wherein the composition exhibits improved bioavailability in a subject.”
Such claim language bounds protect the fundamental inventive concept, preventing others from producing identical formulations or uses.
2. Dependent Claims Analysis
Dependent claims narrow the scope by adding specific features, such as:
- Particular excipients or stabilizers.
- Specific dosing regimens.
- Manufacturing processes or packaging details.
This layered claim structure fortifies the patent, allowing the patent holder to defend against infringing designs that deviate slightly from the broad claims but still encompass the core invention.
Scope of Protection
The scope of CN108925135 covers:
- The specific pharmaceutical composition as described, including the particular active ingredients and their proportions.
- The formulation techniques, such as nanoparticles, sustained-release matrices, or other delivery systems.
- The medical or therapeutic use of the composition, especially if claims extend to treatment methods.
- Any additional features explicitly included in the dependent claims.
However, the extent of enforceability depends on the language precision and allowance for equivalents under China’s patent law. Overly broad or vague claims risk invalidation or circumvention.
Patent Landscape Analysis
1. Competitor and Prior Art Landscape
The patent landscape examines existing patents, published applications, and scientific literature relevant to the claimed technology. Key considerations include:
- Parallel and prior patents: Prior patents in Chinese or international jurisdictions that relate to similar APIs, formulations, or therapeutic uses.
- Freedom to Operate (FTO): Whether CN108925135 overlaps with existing claims or stands as a novel contribution.
- International Patent Applications: WIPO, US, Europe filings that influence the scope of global protection.
2. Patent Family and Filing Strategy
The patent likely forms part of a broader family patent strategy, including subsequent filings in other jurisdictions for broader or narrower protection. Analyzing related patents can reveal:
- The applicant’s R&D focus.
- The scope of international patent coverage.
- Potential licensing or partnering opportunities.
3. Patent Validity and Enforcement
In China, patents are granted if the claims are novel, inventive, and sufficiently disclosed. The patent’s enforceability also depends on ongoing maintenance and whether it survives opposition or invalidation proceedings.
4. Competitive Positioning
If the patent claims are broad and well-supported, it strengthens the patent holder's competitive edge, enabling exclusivity in the Chinese pharmaceutical market. Conversely, narrow or weak claims may allow competitors to navigate around it.
Implications for Stakeholders
- Pharmaceutical Developers: Understanding the patent scope informs R&D paths, avoiding infringing processes or designing around claims.
- Patent Strategists: Recognizing the patent landscape helps in drafting claims that balance broad coverage with defensibility.
- Investors: Patent strength and breadth are indicators of commercial value and technological leadership.
Legal and Regulatory Context
China’s patent law emphasizes novelty, inventive step, and industrial applicability. The scope of CN108925135 will be scrutinized under these criteria. Its enforceability may be challenged based on prior art, claim clarity, or invalidity proceedings, making comprehensive patent landscape analysis crucial.
Conclusion
CN108925135 delineates a targeted pharmaceutical composition with specific claims likely encompassing active ingredients, formulations, and application methods. Its scope appears to combine broad claims concerning the composition itself with narrower dependent claims refining formulation specifics. The patent landscape reveals a strategic approach, focusing on protecting novel formulations within China's competitive pharmaceutical environment.
Key Takeaways
- The scope of CN108925135 primarily covers a novel pharmaceutical composition and its specific uses, with layered claims offering robust protection.
- Strategic claim language is critical; overly broad claims risk invalidation, while precise claims enhance enforceability.
- The patent landscape indicates a competitive environment, with close scrutiny of prior art and related patents influencing the patent’s strength.
- For market players, understanding this patent’s scope informs R&D, licensing, or entry strategies within China.
- Continuous monitoring of potential infringement, validity challenges, and upcoming patent applications is vital for maintaining competitive advantage.
FAQs
1. What is the main therapeutic focus of CN108925135?
The patent specifies a novel pharmaceutical composition—specific therapeutic indications depend on the exact active ingredients, which require consulting the patent’s detailed description.
2. How broad are the claims in CN108925135?
The claims likely range from broad formulations encompassing key active ingredients to narrower ones detailed with specific excipients and manufacturing steps.
3. How does this patent compare with international patents?
While primarily filed in China, similar patents in other jurisdictions may exist. The patent family strategy indicates an intent to secure broader protection globally.
4. Could competitors design around this patent?
Potentially, by modifying ingredients, ratios, or formulations not covered by the claims. The scope of claims determines how easily around it competitors can maneuver.
5. What should patent applicants consider to strengthen claims like CN108925135?
Clear, specific language, comprehensive disclosure, and careful claim drafting—plus filing in multiple jurisdictions—are key to maximizing patent enforceability.
Sources
[1] China National Intellectual Property Administration (CNIPA) official database.
[2] WIPO PatentScope database.
[3] Chinese Patent Law and Regulations.
