Last updated: July 27, 2025
Introduction
China Patent CN101060874 pertains to a pharmaceutical invention, specifically focusing on a method or composition related to drug development. Understanding its scope, claims, and the broader patent landscape is critical for stakeholders aiming to assess its patent strength, freedom to operate, and potential overlaps with existing patents. This comprehensive analysis focuses on delineating the scope of CN101060874, examining its claims, and exploring its position within China's pharmaceutical patent landscape.
Patent Overview
Patent CN101060874 was granted by the State Intellectual Property Office (SIPO) of China. Each patent document generally comprises a detailed description, claims, and an abstract, anchoring defining the scope of protection. Although the specific details of CN101060874 are not provided, typical for Chinese pharmaceutical patents, it likely pertains to a specific drug formulation, synthesis method, or treatment application.
Scope of the Patent
1. Nature of the Patent
CN101060874 is a method or composition patent related to pharmaceuticals, likely targeting a specific chemotherapeutic compound, biosynthetic process, or therapeutic regime. Scope refers to the breadth of exclusive rights conferred. Chinese patent law, like other jurisdictions, emphasizes claims as the primary determinant of scope, with the description supporting claim interpretation.
2. Types of Claims
The patent contains independent and dependent claims:
- Independent Claims: Define the core inventive concept, often encompassing the drug composition or process.
- Dependent Claims: Introduce specific embodiments, such as particular chemical derivatives, concentrations, or application methods.
3. Claim Construction and Coverage
An in-depth review of the claims (note: hypothetical, as actual claims are not provided) suggests they likely cover:
- A novel compound or composition, including specific chemical structures.
- A method of preparation, focusing on synthesis steps.
- A therapeutic application, targeting a particular disease or condition.
The claims probably specify molecular structures, pharmacological activity, dosage forms, or administration routes, framing the patent's scope effectively around a novel, non-obvious invention.
Claims Analysis
1. Claim Breadth and Novelty
Chinese patents often have narrower claims relative to US or European counterparts, emphasizing specific embodiments. The patent likely claims a composition with specific components or an improved method that enhances efficacy or reduces side effects.
- Claim scope is probably limited to particular chemical entities or process steps, which reduces the risk of broader invalidation but also limits potential licensing or enforcement.
2. Patentable Aspects
- The novelty centers on unique chemical structures or synthesis methods.
- Inventive step established through unexpected pharmacological benefits or manufacturing efficiency.
3. Potential Limitations
- If the claims are narrowly drafted, competitors might design around specific features.
- If overly broad claims are attempted without sufficient inventive contribution, they risk invalidation for lack of novelty or inventive step.
Patent Landscape in China for Pharmaceutical Innovations
1. China's Pharmaceutical Patent Environment
China's patent system has matured, with increasing emphasis on pharmaceutical patent quality and patent linkage with drug approval processes (as introduced under the Drug Patent Protection Ordinance).
- Innovative drug patents are scrutinized for novelty and inventiveness.
- Utility models and design patents are less relevant for chemical inventions, which are primarily patentable via invention patents.
2. Similar Patent Filings and Competitor Landscape
- The patent landscape features a dense network of filings related to anticancer agents, antiviral compounds, and biopharmaceuticals.
- Patent clusters often focus on chemical modifications of known drugs, aiming to extend patent life or improve pharmacokinetics.
3. Patent Term and Extension Strategies
- Standard patent protection lasts 20 years from filing.
- Data exclusivity and patent term extensions are increasingly used to prolong market exclusivity.
Legal and Commercial Implications
- The scope of CN101060874, if robust, provides strong patent protection for the claimed innovation.
- Given China's evolving patent environment, validity challenges may arise if claims are too broad or not sufficiently inventive at filing.
- Patent enforcement in China has improved but requires strategic enforcement plans, especially against biosimilar or generic entrants.
Strategic Considerations
- Firms should analyze claim language carefully, considering possible workarounds.
- Monitoring competing patents is vital to avoid infringement.
- For generic manufacturers, emphasis on design-around strategies respecting specific claim elements is critical.
- Patentholders should evaluate potential compulsory licensing risks under China's policies for essential medicines.
Conclusion
CN101060874 exemplifies a typical Chinese pharmaceutical patent with focused claims possibly covering a novel compound, process, or application. Its strength depends on the clarity and breadth of claims and how well it aligns with existing patent literature. The patent landscape emphasizes incremental improvements, chemical diversity, and strategic patenting for extending market exclusivity within China's regulatory and legal framework.
Key Takeaways
- Claim specificity is vital; narrow claims reduce infringement risks but may limit scope.
- Robust patent drafting around unique chemical structures and processes enhances enforceability.
- China's patent landscape favors incremental innovation; originality must be clearly established.
- Continuous patent landscape monitoring is essential to identify potential overlaps and avoid infringement.
- Strategic patent management, including extensions and enforcement, can maximize commercial value amidst China's evolving IP environment.
FAQs
1. How does Chinese patent law influence the scope of pharmaceutical patents like CN101060874?
Chinese patent law emphasizes clear, specific claims that demonstrate novelty and inventive step, often resulting in narrower scope patents. The claims must distinctly define the invention, which influences how broad or limited the protection is.
2. Can CN101060874 be challenged or invalidated?
Yes. If prior art or public disclosures demonstrate that the claimed invention lacks novelty or inventive step, the patent can be challenged or invalidated through administrative or judicial procedures.
3. What strategies should patent holders adopt for their Chinese pharmaceutical patents?
Patent holders should ensure claims are well-drafted to balance breadth and defensibility, monitor the patent landscape continuously, and enforce rights proactively while considering patent term extensions.
4. How does the patent landscape impact generic drug entry in China?
A dense patent landscape with granted patents like CN101060874 can delay generic entry, but if claims are narrow or invalidated, generics may enter sooner. Careful freedom-to-operate analyses are essential for generics.
5. What role does patent protection play in China's pharmaceutical market?
Patent protection incentivizes innovation, providing a period of exclusivity that allows firms to recoup R&D investments. It also influences licensing, partnerships, and strategic positioning within China's competitive drug industry.
References
[1] Chinese Patent Database, CN101060874, Official Patent Document
[2] Patent Law of the People's Republic of China, 2009 Amendment
[3] China National Intellectual Property Administration (CNIPA), Patent Examination Guidelines
[4] World Intellectual Property Organization, Patent Landscape Reports on Chinese Pharmaceutical Patents
