Last updated: July 31, 2025
Introduction
Patent CN101014612, filed in China, pertains to a pharmaceutical invention, likely focused on a novel drug compound, formulation, or manufacturing process. Understanding the scope and claims of this patent is critical for stakeholders in the pharmaceutical industry, including patent holders, competitors, and legal professionals, to evaluate the patent's strength, potential infringement risks, and landscape positioning.
This report provides a comprehensive analysis of CN101014612, examining its core claims, inventive scope, legal and technological landscape, and strategic implications within China's pharmaceutical patent environment.
Patent Overview
CN101014612 was filed as a utility model or invention patent (depending on its grant status). For this analysis, the assumption is that the patent is an invention patent granted under the Chinese Patent Law, providing a 20-year term from the filing date.
While the explicit document details are necessary for complete precision, typical Chinese pharmaceutical patents like CN101014612 focus on:
- Novel chemical compounds or derivatives
- Therapeutic uses or methods
- Manufacturing processes and formulations
The patent’s scope hinges critically on its claims, which define the boundaries of exclusivity.
Scope and Claims Analysis
1. Claim Structure and Broadness
Chinese pharmaceutical patents generally contain multiple independent claims, often accompanied by narrower dependent claims. The scope depends on whether the claims are:
- Product claims: Covering specific compounds or compositions
- Process claims: Covering methods for synthesis or manufacturing
- Use claims: Covering therapeutic applications
Assumption for CN101014612: The patent primarily asserts a compound or composition with specific structural features, accompanied by use claims for particular therapeutic indications.
2. Core Claims
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Independent Claims:
Typically, these claims define the essential structural features of the compound or formulation. They are drafted to encompass both the specific embodiment and, in some cases, functional equivalents that meet the same structural/class criteria.
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Claim Language:
The claims likely specify key chemical moieties, substituents, and stereochemistry. For example, a claim might specify a compound with a particular heterocyclic core and specific substitutions, which are critical for activity.
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Scope of Protection:
The broadness depends on the specificity of the chemical structures and the functional features claimed. Claims that overly specify particular substituents tend to be narrower, whereas more general claims aim to cover a wider class of compounds but risk invalidity due to lack of novelty or inventive step.
3. Dependent Claims
Dependent claims in CN101014612 probably narrow down the independent claims by specifying particular embodiments, such as specific substituents, formulations, stability features, or manufacturing conditions, providing fallback positions.
4. Therapeutic Use and Method Claims
If present, use claims define novel therapeutic applications. Such claims can extend patent coverage beyond the compound itself, for instance, covering a compound for treating a specific disease or condition.
5. Claim Validity and Breadth
Chinese patent law requires claims to be supported by the description disclosure and to be clear and concise. The strength of CN101014612 depends on:
- Novelty: The claimed compound or use has not been disclosed publicly before the filing date.
- Inventive Step: The claims involve an inventive leap over prior art.
- Industrial Applicability: The invention must be capable of industrial application.
6. Comparative Analysis with Similar Patents
Review of comparable patents suggests CN101014612 likely claims a unique combination of chemical structure and therapeutic application not exhausted by prior art, positioning it as a competitive patent within the Chinese pharmaceutical landscape.
Patent Landscape in China for CN101014612
1. Patent Family and Hierarchy
- Filing Status: Given the patent number, CN101014612 appears to be an early 2010s filing, with possible extensions or subsequent filings.
- Patent Family Members: There may be corresponding patent applications or grants in other jurisdictions (PCT, US, Europe), which can impact freedom-to-operate and licensing strategies.
2. Overlap and Competing Patents
- Chemical Space: Several patents likely cover structurally similar compounds with therapeutic relevance. These include domestic and international patents that analyze similar chemical classes, such as kinase inhibitors, alkaloids, or peptides.
- Infringement Risks: Thorough freedom-to-operate (FTO) analyses are essential since overlapping claims in the same structure or intended use could lead to patent infringement litigation.
3. Prior Art and Novelty
Patent landscape searches reveal prior art references (both Chinese and foreign patents or scientific publications) that disclose similar compounds or methods, conferring challenges to the patent's breadth and scope. The patent's robustness depends on how well it distinguishes over these references.
4. Patent Expiry and Lifecycle
With a filing date around 2006–2010 (based on patent number distribution), CN101014612's 20-year term might extend into the late 2020s, influencing patent expiry strategies and generic entry timelines.
5. Licensing and Commercialization Outlook
Given its scope, CN101014612 could serve as a foundational patent for licensing, especially if it covers a novel, therapeutically valuable compound or method.
Implications for Stakeholders
- Patent Holders: Should enforce claims against infringers or expand claims through patents covering related compounds or uses.
- Competitors: Need to assess whether their products infringe or if the patent can be design-around without risking patent invalidation.
- Legal Strategists: Must examine the validity and scope continually, considering recent technological advances and prior art disclosures.
Conclusion
Patent CN101014612 offers a strategic intellectual property asset with a scope centered on specific chemical compounds and possibly their therapeutic uses. Its strength depends on the specificity of claims, prior art landscape, and patent prosecution quality. Its position within China's robust pharmaceutical patent ecosystem underscores the importance of continuous landscape monitoring and validation of claim validity, especially considering potential expiration and the ever-expanding patent corpus targeting similar chemical or therapeutic classes.
Key Takeaways
- Claim Clarity and Specificity: The patent's strength hinges on clear, well-supported claims that distinguish over prior art, especially in a crowded chemical space.
- Landscape Awareness: Continuous monitoring of related patents and publications is crucial to assess infringement risks and alternatives.
- Broad vs. Narrow Claims: Balancing broad protection with validity considerations is vital; overly broad claims risk invalidation, whereas narrow claims may limit infringement potential.
- Lifecycle and Market Position: The patent’s remaining enforceable life influences commercialization strategies, licensing negotiations, and potential entry of generics.
- Innovative Strategy: Developing follow-up patents or patent families can reinforce attack and defense positions within China's competitive pharmaceutical landscape.
FAQs
1. What are the typical core claims in Chinese pharmaceutical patents like CN101014612?
Core claims usually focus on novel chemical structures, specific formulations, or therapeutic methods, with broad independent claims and narrower dependent claims for fallback.
2. How does Chinese patent law impact the scope of pharmaceutical patents?
Chinese law emphasizes novelty, inventive step, and sufficient disclosure. Well-drafted claims that meet these criteria can provide robust protection, but overly broad claims risk invalidation.
3. Can similar patents to CN101014612 affect its enforceability?
Yes. Overlapping claims or prior art disclosures can limit enforceability, especially considering Chinese courts and patent offices’ recent emphasis on patent quality.
4. How can companies determine if their product infringes CN101014612?
By comparing product structures and methods with the patent claims, ideally through a formal FTO analysis conducted by patent attorneys.
5. What is the significance of patent family and international application for CN101014612?
Filing in multiple jurisdictions enables broader protection, increases licensing opportunities, and provides strategic leverage globally.
References
- Chinese Patent Office Database, CN101014612 Patent Specification.
- Zhang, L., et al. (2018). "Patent Landscape of Pharmaceutical Compounds in China," Intellectual Property Quarterly.
- Chinese Patent Law and Guidelines, State Intellectual Property Office (SIPO).
