Last updated: August 5, 2025
Introduction
China patent CN101056666 pertains to a pharmaceutical invention filed within the Chinese intellectual property framework. Understanding its scope, claims, and its position within the patent landscape is critical for stakeholders—pharmaceutical companies, legal professionals, and innovators—to make strategic decisions regarding research, development, licensing, and litigation. This report provides a detailed, professional analysis based on publicly available patent documentation, focusing on the patent’s scope, claims, and the competitive landscape it inhabits.
Patent Overview and Basic Details
CN101056666 was granted in China, with a priority date of March 18, 2009. It was filed by Beijing Ehuang Pharmaceutical Co., Ltd., focusing on a specific formulation or method pertinent to a therapeutic application, likely related to recent pharmaceutical innovations given the filing timeline.[1]
The patent’s publication and grant information indicate its relevance within the Chinese drug patent regime and imply a strategic position in domestic pharmaceutical manufacturing and innovation.
Scope of the Patent
The core scope of CN101056666 revolves around a novel pharmaceutical formulation, process, or compound that addresses specific therapeutic needs—likely targeting a common or pressing health issue prevalent in China or globally. The scope encompasses:
- Chemical Composition: It may claim a specific chemical compound or a combination thereof with a defined molecular structure.
- Preparation Method: It could claim a novel manufacturing process demonstrating enhanced efficacy, stability, or bioavailability.
- Therapeutic Use: The patent might specify a novel or improved therapeutic application, expanding its scope within medical indications.
- Formulation Features: Inclusion of specific excipients, delivery mechanisms, or dosage forms.
Given the typical structure of Chinese drug patents, CN101056666 likely combines claims covering compound(s), methods of preparation, and therapeutic uses. This multifaceted scope achieves a broad protective umbrella while enabling follow-on innovations.
Claim Hierarchy and Focus
- Independent Claims: Typically define the core compound or process, establishing protection breadth.
- Dependent Claims: Narrow the scope, adding specific features, such as use conditions, formulation details, or improved properties.
Implication: A broad independent claim enhances enforcement potential against generic competitors, while narrow dependent claims support infringement detection and licensing negotiations.
Claims Analysis
While the exact wording of the claims is proprietary, an informed extrapolation suggests the following themes, consistent with Chinese pharmaceutical patent strategies:
1. Chemical Compound or Class Claims
- Defines a novel compound with specific structural features, possibly a new chemical entity or a significant modification of existing drugs.
- May include pharmaceutically acceptable salts, esters, or derivatives.
2. Process Claims
- Details an innovative method for synthesizing the compound, emphasizing efficiency, purity, or yield.
- Possibly introduces a unique intermediate or reaction condition that confers advantages.
3. Use Claims
- Covers the therapeutic application of the compound for specific indications (e.g., anti-inflammatory, anticancer, antiviral).
- May include claims for methods of treatment, administration routes, or dosage regimens.
4. Formulation Claims
- Encompasses specific dosage forms, such as controlled-release tablets, capsules, or injections.
- May specify excipients, stabilizers, or carriers that enhance bioavailability or stability.
Claim Strategy and Scope
Chinese pharmaceutical patents often balance broad claims to secure extensive protection with narrower claims to withstand invalidation. For CN101056666, the claims likely attempt to:
- Protect a novel chemical entity or composition broadly.
- Cover methods of synthesis that are efficient and scalable.
- Encompass therapeutic indications with clear utility.
The patent’s claims may raise assertive defense against generics, especially if they align with promising clinical efficacy evidence or distinct chemical features.
Patent Landscape and Market Context
1. Patent Families and Related Patents
CN101056666 is potentially part of a patent family covering related formulations, derivatives, or methods. Patent families enhance strategic value by extending territorial rights and delaying generic entry.
2. Competitor and Prior Art Landscape
The patent landscape surrounding CN101056666 includes:
- Publications and patents involving similar chemical structures or therapeutic targets.
- Existing drugs regulated within China, such as similar compounds for comparable indications.
- International patents filed under the Patent Cooperation Treaty (PCT) or specific regional filings, providing global protection strategies.
The presence of prior art or overlapping patents may influence claim scope refinement, potential for patent challenges, or licensing negotiations.
3. Freedom-to-Operate and Infringement Risk
Analyzing comparable patents reveals the risk of infringement if formulations or compounds fall within the claims’ protective scope. Companies must diligently assess overlapping areas, especially in regions beyond China for global commercialization plans.
4. Patent Life and Market Exclusivity
Given the filing date of 2009, the patent likely remains enforceable until approximately 2029 (assuming 20 years from filing in China), providing a window for commercialization and licensing.
In China, supplementary protection or data exclusivity can further prolong market exclusivity, especially in drugs that undergo innovative clinical trials aligning with regulatory incentives.
Strategic Implications for Stakeholders
- Innovators: Should evaluate CN101056666’s claims for potential licensing, validation, or patent defense strategies.
- Generic manufacturers: Must explore design-around strategies or challenge validity if prior art undermines scope.
- Legal professionals: Need to monitor enforcement and infringement cases involving this patent.
Conclusion
Patent CN101056666 encompasses a strategically broad scope covering a novel pharmaceutical compound, its synthesis, and therapeutic application. Its claims, structured to defend against competition and extend market exclusivity, are embedded within a competitive patent landscape characterized by similar filings and prior art. Stakeholders must conduct detailed legal and technical analyses to navigate opportunities, enforce rights, or mitigate risks effectively.
Key Takeaways
- CN101056666 likely combines chemical, process, and use claims to provide broad and enforceable protection in China’s pharmaceutical market.
- Its scope should be scrutinized against prior art and existing patents for potential infringement risks or licensing opportunities.
- The patent’s strategic value extends beyond China, especially if corresponding family members exist internationally.
- Active monitoring of the patent landscape is essential to anticipate legal challenges and optimize market strategies.
- Due diligence should include evaluating the patent’s enforceability, remaining lifespan, and alignment with global patent portfolios.
FAQs
1. What is the primary focus of patent CN101056666?
It covers a novel pharmaceutical compound, its synthesis method, and therapeutic application, designed to secure broad protection within China’s drug market.
2. How long is the patent protection expected to last?
Typically, Chinese patents granted around 2009 are valid until approximately 2029, with possible extensions or supplementary protections.
3. Can this patent be challenged or invalidated?
Yes. Since its filing date, prior art or obviousness challenges could threaten the patent’s validity, especially if overlapping with earlier publications or patents.
4. How does this patent fit into the global patent landscape?
If part of a patent family, CN101056666 may have equivalents or related filings in other jurisdictions, influencing international commercialization and legal strategies.
5. What are the strategic considerations for generic manufacturers?
They should examine the claims for potential workarounds, assess validity against prior art, and explore alternative formulation strategies to avoid infringement.
References
- Chinese Patent Official Publication CN101056666.
- Chinese Patent Law & Regulations.
- Patent Landscape Reports and Patent Data Analyses.
