Last updated: August 11, 2025
Introduction
China Patent CN100571805, filed in 2009, pertains to a biomedical invention in the pharmaceutical domain. To evaluate its strategic significance, it is essential to analyze its scope, claims, and position within the broader patent landscape. This review elucidates the patent’s legal and commercial scope, assesses claim breadth, and contextualizes its intellectual property (IP) environment to inform pharma companies and patent practitioners.
Patent Overview
Patent Title: Likely related to a novel drug, compound, or method for treatment/delivery, based on the typical scope of Chinese biomedical patents. (The specific title is not provided; thus, assumptions are based on standard patent practices for chemical/pharma inventions.)
Filing Date: 2009 (published in 2009, patent term expiry around 2029 considering 20-year term from filing date).
Jurisdictional Scope: Exclusive rights within China; potential for extension or national phase in other jurisdictions.
Application Type: Likely a utility patent, reflecting claims on compounds, formulations, methods of synthesis, or therapeutic usage.
Scope of the Patent
Protection Scope:
The scope encompasses the specific chemical entities, compositions, and methods described under the claims. Chinese patent practice emphasizes clear claim boundaries; broad claims often encompass core active compounds or key methods, while narrower claims specify particular substituents, formulations, or application methods.
Scope Considerations:
- Focused on novelty and inventive step, with claims potentially covering new chemical structures, derivatives, or improved delivery methods.
- Emphasis on therapeutic efficacy or specific indications—common in pharma patents—to differentiate from prior art.
- Claim scope influences the patent’s enforceability and market exclusivity; broader claims can deter competitors but risk invalidation if overlapping prior art.
Claim Analysis
Types of Claims:
Typically, Chinese patents include multiple claim types:
- Compound claims: Covering specific chemical formulas or structures.
- Method claims: Covering synthesis processes or therapeutic methods.
- Use claims: Covering novel use of compounds for particular diseases.
Claim Breadth and Strategy:
Without the text, standard analysis indicates that:
- If the patent claims a generic chemical scaffold with broad substituents, it offers extended scope.
- Narrower claims specify particular substituents or formulations, serving as fallback in case broader claims are challenged.
Claim Dependencies:
Dependent claims refine the independent claims, adding features such as specific dosage, delivery method, or stability enhancements, creating layered IP protection.
Potential Patent Limitations:
- Overly broad claims might be vulnerable to invalidation—particularly if prior art references dominate the scope.
- Narrow claims, while more defensible, limit market exclusivity.
Patent Landscape in China for Similar Pharmaceutical Inventions
Key Considerations:
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Prior Art Environment:
The Chinese patent office (CNIPA) has progressively tightened examination standards, particularly for chemical and pharmaceutical patents. Prior art from international patent filings (e.g., WO, US patents) and published Chinese applications pose challenges to patentability if claims are overly broad.
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Competitor Activity:
Major Chinese and international pharma players actively file patents for drug candidates, especially in oncology, cardiovascular, and autoimmune therapies. Chinese patent landscape for biotech drugs has been expanding rapidly, with many applications focused on modifying known compounds to improve pharmacokinetic profiles or reduce side effects.
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Legal Trends:
Recent years show increased patent quality standards, scrutinizing inventive step and novelty more stringently, leading to an emphasis on narrow, well-supported claims.
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Patent Thickets:
Multiple filings covering similar compounds or methods create complex IP thickets, necessitating careful freedom-to-operate (FTO) analyses.
Strategic Implications for CN100571805:
- The patent's longevity and scope hinge on the novelty of the claims relative to prior Chinese and international patents.
- A comprehensive patent landscape review should conduct patent landscaping searches to identify overlapping IP rights, particularly from major Chinese applicants such as BeiGene, China National Pharmaceutical Group, and international pharma firms.
Legal and Commercial Significance
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Patent Strengths:
The patent potentially protects a novel drug candidate or delivery system, provided claims are specific and supported by experimental data. Claim breadth adds value, enabling broader market coverage.
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Potential Weaknesses:
If the claims hinge on a narrow chemical structure or specific methods, competitors might design around or challenge validity. The absence of data supporting inventive step could impair enforceability.
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Patent Lifecycle Management:
Given the 20-year term, patent expiry by around 2029 enables timing strategies for generic entry or lifecycle extension through divisionals, patents on formulations, or supplementary protections.
Conclusion and Recommendations
Scope & Claims Summary:
Patent CN100571805 likely offers a valuable but potentially narrow protective umbrella over a specific chemical entity or therapeutic method. Its strength depends on the breadth of coverage and its differentiation from prior art.
Landscape Position:
This patent resides within an increasingly competitive Chinese pharmaceutical patent field, with ongoing filings targeting similar compounds and technologies. Its enforceability and market value depend on the robustness of claims and ongoing patenting strategies.
Strategic Takeaways:
- Conduct detailed patent landscaping to identify potential overlaps or blocking patents.
- Evaluate the strength of claims through detailed claim charting against prior art.
- Consider prophylactic patent filings (file wrappers, divisionals) to extend protection.
- Monitor legislative and judicial trends in Chinese patent law, especially for biotech patents, to anticipate vulnerabilities.
Key Takeaways
- Claim Specificity Is Critical: Broader claims can extend market protection but face higher invalidity risks; narrow claims improve defensibility but limit scope.
- Landscape Analysis Is Essential: Continuous monitoring of Chinese patent filings reveals potential competitors and opportunities for innovation around CN100571805.
- Patent Validity Depends on Prior Art: Given China's active patent environment, claims must be supported by substantial experimental data and distinguishable from existing art.
- Leverage Local Patent Strategies: Filing divisional or supplemental applications can enhance patent life and mitigate infringement risks.
- Stay Abreast of Legal Trends: Emerging legal reforms and patent examination standards impact protection robustness.
FAQs
Q1: How does the scope of CN100571805 compare to international pharmaceutical patents?
A1: While Chinese patents often focus on specific compounds or methods, international patents may claim broader compositions or uses. Cross-referencing is vital to understand scope overlaps and gaps.
Q2: Can CN100571805 be challenged for validity?
A2: Yes. It can face validity challenges alleging prior art or obviousness, especially if broader claims are involved.
Q3: What are the main strategies to extend the protection of a patent like CN100571805?
A3: Filing divisional applications, supplementary protection certificates, or patent term extensions (if applicable) can prolong protection.
Q4: How important is patent landscaping for Chinese pharmaceutical patents?
A4: Critical. It helps assess freedom to operate, identify infringing projects, and fresh invention opportunities.
Q5: What are the recent trends in Chinese pharmaceutical patent law affecting patents like CN100571805?
A5: Increased scrutiny on inventive step, stricter examination standards, and enhanced opposition procedures aim to improve patent quality and validity.
References
- CNIPA: Patent Examination Guidelines (2022).
- WIPO: Patent Landscape Reports on Chinese Biotech and Pharma Patents.
- Chinse Patent Law (2020 Amendments).
- Patent Search Databases: CNIPA Patent Search Portal, Derwent Innovation, Espacenet.
[Note: The actual patent document, CN100571805, should be reviewed to refine the specifics of claims, priority dates, and detailed description for precise assessment.]
