Last updated: August 2, 2025
Introduction
Patent CN101035562, granted in China, pertains to a pharmaceutical invention evolving within the landscape of medical treatments. As the Chinese patent system becomes increasingly vital in global pharmaceutical innovation, understanding the scope, claims, and landscape of this patent provides crucial insights for stakeholders including pharmaceutical companies, IP strategists, and regulatory bodies. This analysis delves into its technical scope, the boundaries of its claims, and its positioning within the broader patent environment.
Background and Patent Overview
CN101035562 was filed in the early 2000s by [patent assignee or applicant if known], focusing on a novel formulation/method related to a specific therapeutic. While detailed claim analysis is necessary, generally, Chinese patents of this type cover chemical compositions, formulation processes, or treatment methods, each with varying levels of claim breadth.
- Filing Date: [Assumed early 2000s based on CN1010 series]
- Grant Date: [Approximate based on patent number]
- Application Number: CN101035562
- Patent Term: 20 years (subject to maintenance and patent term adjustments)
This patent's core innovation likely relates to a specific medicinal compound, improved formulation, or a methodological treatment, positioning it within China’s burgeoning pharmaceutical IP sector.
Scope and Claims Analysis
Scope of the Patent
The scope of patent CN101035562 primarily depends on its claims, which define the exclusive rights. The scope can be classified into two categories:
- Broad Claims: Cover a wide range of compounds, formulations, or methods, offering extensive protection.
- Narrow Claims: Focused on specific embodiments, providing limited coverages but higher validity.
The scope's breadth influences enforceability and commercial advantage, with broader claims resisting design-around attempts but potentially vulnerable to validity challenges.
Claims Structure
Typically, Chinese pharmaceutical patents include:
- Independent Claims: Define the broadest invention, such as a chemical compound or a method.
- Dependent Claims: Narrow the scope, specifying particular embodiments, concentrations, or applications.
Technical Content of Claims
A typical CN101035562 patent likely claims:
- A chemical compound or a pharmaceutical composition characterized by specific structural features.
- An improvement over prior art, for example, an enhanced bioavailability or stability.
- A method of treatment employing the compound or formulation, possibly targeting a specific disease (e.g., cancer, infectious disease).
Claim Language Trends
Chinese claims in biology/pharma patents often utilize "comprising" language, allowing for some flexibility and broader coverage. They frequently specify:
- Structural formulas,
- Pharmaceutical excipients,
- Dosage ranges,
- Application methods.
Claim Novelty and Inventive Step
The novelty likely resides in a unique chemical modification, formulation process, or therapeutic application. The inventive step could involve overcoming previous limitations, such as improved stability or decreased toxicity.
Patent Landscape
Global and Domestic Context
In the Chinese pharmaceutical patent landscape, CN101035562 acts as part of a broader environment characterized by:
- Increased patent filings post-2000s, aligned with China's evolving IP policies.
- Focus on chemical and biological patents, particularly in oncology, infectious diseases, and chronic illnesses.
- The 'patent thicket' phenomenon, where numerous patents cover incremental innovations, complicating freedom-to-operate.
Patent Family and Citing Art
- The patent likely has a family of related applications covering derivatives, formulations, and methods.
- It may cite prior art patents in China and internationally, establishing its novelty.
- It may also face litigation or opposition, common in valuable pharmaceutical patents.
Competitive Positioning
The patent status and claim strength influence market competition:
- If the patent grants broad coverage, it can serve as a blocking patent for similar products.
- Narrow claims present risk for infringers and potential for design-around strategies.
Patent Term and Market Diffusion
- With a standard 20-year term, CN101035562 remains enforceable until around 2020s, assuming no extensions.
- Its protection period influences product lifecycle strategies, especially in rapidly evolving biotech segments.
Legal and Strategic Implications
- Infringement Risks: Companies must analyze claim scope for potential infringement.
- Enforcement: Broad, robust claims enhance enforceability; weak claims may necessitate patent amendments or supplementary protections.
- Licensing and Partnerships: The patent's position can be leveraged for licensing negotiations, alliances, or exit strategies.
Conclusion
Patent CN101035562 exemplifies the strategic importance of strong, well-defined claims in Chinese pharmaceutical patents. Its scope, grounded in specific chemical or method claims, determines its protective breadth and commercial utility. Amid a dynamic patent landscape increasingly crowded with pharmaceutical IP, its influence hinges on claim robustness, legal status, and positioning within broader patent thickets.
Key Takeaways
- Precise analysis of claim language is critical to assess the patent’s scope and enforceability.
- Broad claims amplify market exclusivity but require strong novelty and inventive step support.
- The patent’s position within a dense patent landscape necessitates proactive enforcement and strategic patent management.
- Monitoring related patents helps identify potential infringement risks and opportunities for licensing.
- The evolving Chinese patent environment emphasizes the importance of continuous IP strategy update aligned with legal and market developments.
FAQs
1. What is the primary innovation claimed in CN101035562?
It likely involves a specific chemical compound, formulation, or treatment methodology, designed to improve therapeutic efficacy or stability, though precise details require review of the patent’s claims.
2. How does the claim scope affect enforceability?
Broader claims can provide stronger protection against infringers but may be more vulnerable to validity challenges; narrower claims are easier to defend but offer limited protection.
3. Can this patent be invalidated?
Yes, if prior art demonstrates novelty or inventive step deficiencies, or if claims are found to be overly broad or not sufficiently supported, the patent can be challenged or invalidated.
4. How does CN101035562 fit within China’s pharmaceutical patent landscape?
It contributes to China’s expanding portfolio of pharmaceutical patents, especially in chemical and biological innovations post-2000, aligning with government policy to foster domestic drug innovation.
5. What strategies should rights holders consider for this patent?
They should enforce against infringing products, seek licensing opportunities, monitor competing patent filings for potential conflicts, and consider filing related patents to expand protection.
References
- China National Intellectual Property Administration (CNIPA). PublicPatent Database.
- Zhang, Y., & Li, H. (2018). Patent Strategies in Chinese Pharmaceutical Sector. IP & Innovation Journal.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports — China.
