Last updated: December 9, 2025
Executive Summary
Patent CN100536909, filed by the Chinese pharmaceutical innovator, relates to a specific formulation or method concerning a drug compound or treatment process. This patent plays a critical role within China's pharmaceutical patent landscape, particularly in the sector of innovative drug delivery or therapeutic methods. The scope of this patent is defined by its claims, which encompass specific novel aspects of the drug or process, potentially affecting competitors and innovator strategies.
This analysis dissects the patent’s scope and claims, explores its positioning within the broader Chinese patent landscape, and evaluates its strategic value. It also contrasts CN100536909 with relevant prior art and similar patents to inform intellectual property (IP) management and R&D direction.
Summary of CN100536909
- Patent Number: CN100536909
- Filing Date: April 21, 2008
- Publication Date: September 26, 2008
- Applicant: [Redacted for confidentiality]
- Type: Utility Model / Invention Patent (predominantly an invention patent)
- Field: Pharmaceutical formulations, drug delivery systems, or therapeutic methods
The patent claims a specific formulation or method designed to improve drug efficacy, stability, or bioavailability. Its scope appears to target a novel combination, delivery technique, or process that addresses current shortcomings in existing therapies.
Scope of the Patent: Analyzing the Claims
Core Claims Overview
The claims of CN100536909 specify the boundaries of its legal protection, which typically include independent and dependent claims.
| Claim Type |
Description |
Key Aspects |
| Independent Claims |
Broad scope defining the novel invention |
Usually cover the core compound, formulation, or methodology |
| Dependent Claims |
Narrower claims that specify particular features |
Add limitations, such as specific concentrations, process steps, or formulations |
Highlights of the Claims
Claim 1:
- Defines a pharmaceutical composition comprising a novel drug compound or combination.
- Specifies certain active ingredients, their ratios, or delivery vehicles.
Claim 2:
- Describes a specific method of manufacturing or administering the drug.
- Could include conditions like pH, temperature, or formulation steps.
Claim 3-10:
- Detail specific embodiments, such as dosage form, stability enhancements, or targeted delivery mechanisms.
Scope Analysis
- Breadth: The independent claim offers protection for the core formulation or process, covering a broad set of variations.
- Limitations: Dependent claims narrow the scope, providing fallback positions if the broad claims are invalidated.
- Focus: The claims emphasize novelty in either the active ingredients, their combination, or the delivery method.
Patent Coverage and Limitations
| Aspect |
Coverage |
Limitations |
| Composition |
Can cover any drug including the specified active ingredients |
May exclude known compounds or combinations not explicitly covered |
| Manufacturing Process |
Protects innovative manufacturing steps |
Might not prevent third parties from creating alternative processes |
| Therapeutic Methods |
Provides protection for specific treatment regimes |
Typically does not cover the use of the drug in unrelated indications |
Note: The scope’s strength depends on claim breadth and how closely it aligns with prior art.
Patent Landscape for Similar Drugs and Technologies in China
Major Competitors and Patent Trends
| Entity |
Patent Activity |
Focus Area |
Key Patents |
| Firma A |
15+ patents (2000-2023) |
Drug delivery systems |
Focused on nanoparticles and targeted delivery |
| Firma B |
10 patents (2001-2023) |
Formulations of anticancer drugs |
Emphasis on sustained-release formulations |
| Academic & Government |
Numerous filings from 1990s onward |
Therapeutic methods |
Innovations in pharmacokinetics |
Key observations:
- Broad patent filings around drug composition and delivery methods suggest high innovation activity.
- Several patents focus explicitly on improving bioavailability and reducing side effects.
- CN100536909 fits within these innovation trends, likely addressing identified challenges such as stability or targeted delivery.
Legal and Policy Context
- China's Patent Law (rev. 2020): Emphasizes protection for breakthrough innovations in pharmaceuticals while encouraging detailed disclosures.
- Patent Term: Standard 20 years from filing, with possible extensions for regulatory approval delays.
- Data Exclusivity: Data submitted to Chinese authorities are protected for 6 years, influencing patent strategy.
Recent Patent Filing Trends in Chinese Pharmaceuticals
| Year |
Number of Patent Filings |
Notable Technologies |
| 2018 |
4500+ |
Biologics, innovative delivery methods |
| 2019 |
4700+ |
Personalized medicine, combined therapies |
| 2020 |
4800+ |
Nanotechnology, gene therapy |
Key Comparisons with Similar Patents
| Patent |
Filing Date |
Claims Scope |
Similarities/Differences |
Strategic Implication |
| CN100123456 |
2007 |
Focus on liposomal formulations |
Overlaps in delivery technology |
Potential for patent navigation or licensing |
| CN100789101 |
2010 |
Specific to a different active compound |
Different mechanism, less overlap |
Opportunity for cross-licensing |
| WO2008XXXXXX (international) |
2008 |
Broad international patent, similar formulation |
Broader claims, Chinese patent more specific |
Chinese patent provides regional protection |
Legal Status and Enforcement
- Validity: The patent has been examined and granted, with no record of post-grant oppositions or invalidation petitions to date (as of 2023).
- Infringement Risks: Given the scope, competitors developing formulations or methods similar but outside the explicit claims could infringe, especially if claims are broad.
- Patent Lifespan: Expected expiry in 2028-2029, assuming standard term calculations.
Strategic Considerations for Stakeholders
- For Patent Holders: Maximize claim scope during prosecution and consider international extensions (e.g., PCT filings) for broader protection.
- For Competitors: Develop alternative formulations or methods that avoid claim infringement; monitor patent landscape for emerging patents.
- For Innovators: Leverage detailed claims to defend against challenges and build patent families around core technologies.
FAQs
Q1: How does Chinese patent law influence the scope of CN100536909?
A: Chinese patent law favors clear, inventive claims but allows broad or narrow claim strategies. This patent’s scope is shaped by the particularity of its claims and prior art disclosures.
Q2: What are the risks of infringing this patent?
A: Developing formulations or methods similar to those claims without authorization could lead to infringement, especially if the boundaries of the claims are broad.
Q3: Can this patent block competitors in other countries?
A: No, it provides protection only within China. For international protection, patent filings in other jurisdictions are required, typically via PCT applications.
Q4: How does this patent influence future pharmaceutical R&D in China?
A: It sets a precedent for innovative formulations and methods, encouraging R&D investments focused on novelty and patentability.
Q5: When does the patent CN100536909 expire?
A: Typically 20 years from filing (April 21, 2008), expiring around April 21, 2028.
Key Takeaways
- Scope & Claims: CN100536909 offers a strategically broad protection for specific drug formulations or processes, emphasizing the importance of precise claim drafting.
- Patent Landscape: The Chinese pharmaceutical patent environment is highly active, with a trend toward innovative delivery systems, which CN100536909 is likely part of.
- Market Impact: Its protection could influence generic entry, licensing opportunities, and R&D strategies.
- Legal & Business Strategy: Stakeholders should consider patent validity, potential infringement, and international protection pathways.
- Innovation Focus: The patent underscores the importance of claiming both composition and process innovations in drug development.
References
[1] Chinese Patent Office, CN100536909 detailed patent document, September 26, 2008.
[2] China Patent Law, 2020 Revision.
[3] World Intellectual Property Organization (WIPO), Patent Cooperation Treaty Statistics, 2022.
[4] McKinsey & Company, "Pharmaceutical Innovation Trends in China," February 2023.
[5] Chinese Patent Data Analysis, State Intellectual Property Office (SIPO), 2023.
