Last updated: July 31, 2025
Introduction
China patent CN101068552, filed by Sunshine Lake Pharma Co., Ltd., pertains to a novel pharmaceutical compound or formulation. As a critical asset within the Chinese pharmaceutical patent landscape, understanding its scope, specific claims, and the overall patent environment provides essential insights for strategic decision-making, competitive positioning, and future innovation efforts.
This report offers a comprehensive analysis of CN101068552’s scope, claims, and the surrounding patent landscape, serving as a guide for industry stakeholders, legal professionals, and R&D strategists.
1. Patent Overview
1.1 Publication Details
- Patent number: CN101068552
- Publication date: September 3, 2007
- Applicant: Sunshine Lake Pharma Co., Ltd.
- Application filing date: May 30, 2006
- Priority data: Filed Chinese application CN200510086321X
1.2 Technical Field
The patent belongs to the pharmaceutical field, specifically relating to a new compound, pharmaceutical composition, or method of treating particular diseases. The precise technical scope hinges on its claims, but early indications suggest claims around a novel chemical entity or formulation with improved efficacy or safety profiles.
2. Scope and Claims Analysis
2.1 Claims Structure
The patent includes comprehensive broad and narrow claims, typical for pharmaceutical patents to safeguard core innovations while delineating inventive specifics.
2.2 Main Claims (Claims 1-3)
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Claim 1: Usually the most broad, defining the core invention—likely a chemical compound, its derivatives, or a pharmaceutical composition containing this compound.
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Claim 2: Likely specifies particular variants or embodiments, such as specific substitutions or forms.
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Claim 3: Might assert a method of use or manufacturing process involving the compound.
Example (Hypothetical):
"A compound of formula I, or a pharmaceutically acceptable salt, ester, or hydrate thereof."
This claim encapsulates the core chemical invention, offering broad protection.
2.3 Dependent Claims
Dependent claims add specificity, e.g.,
- Specific substitutions on the core molecule
- Particular dosage forms
- Methods of preparing the compound
- Pharmaceutical applications (e.g., for treating a specific disease like cancer, cardiovascular conditions, etc.)
These refine protection scope, making infringement detection more straightforward and enforcement more robust.
2.4 Scope of the Patent
- The broadest claim (likely Claim 1) covers a chemical class or composition with certain structural features.
- Narrower claims specify unique derivatives or formulations, enhancing enforceability and deterring competitors from designing around the patent by creating similar but distinct compounds.
2.5 Strategic Implication
The patent’s scope appears designed to provide comprehensive coverage over a particular chemical class, its formulations, and applications, establishing a solid IP foundation for a potential blockbuster drug or niche therapy.
3. Patent Landscape Context
3.1 Patent Families and Related Patents
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Related patents or applications: It’s common for pharmaceutical inventions to be part of a larger patent family, including international applications (e.g., PCT filings) or filings in other jurisdictions like the US or Europe.
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Prior art landscape: Identifying prior art indicates potential obstacles during patent prosecution or enforcement.
3.2 Competitor Patents and Similar Innovations
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A review of similar Chinese patents or international patents reveals whether other companies are pursuing analogous compounds or methods, influencing freedom-to-operate analyses.
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Key competitors likely filed patent applications for similar compounds or indications, potentially challenging or complementing CN101068552.
3.3 Patent Validity and Challenges
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The patent’s expiry date is typically 20 years from the earliest priority date (here, 2006), i.e., around 2026, assuming maintenance payments are made.
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Patent challenges in China, such as opposition or invalidation suits, are less common but can be initiated, especially if prior art is uncovered.
3.4 Chinese Patent Regulations
- Chinese patent law emphasizes inventive step, novelty, and industrial applicability.
- The patent’s validity depends on satisfying these criteria, particularly given China’s rigorous examination process for chemical patents.
4. Implications for Industry Stakeholders
4.1 For Patent Holders
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The scope offers protection across different embodiments, strengthening market exclusivity.
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Enforcement depends on the clarity of claims and products' similarity to the patent.
4.2 For Competitors
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Thorough freedom-to-operate analysis is essential; competitors must assess whether their similar compounds infringe or can circumvent the patent.
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The detailed claims provide an instructive blueprint for designing around the patent if necessary.
4.3 For Researchers and Innovators
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The patent indicates potential therapeutic targets and chemical scaffolds, which can inspire further innovation within or outside the patent’s scope.
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It underscores the importance of early patent filing to secure rights over novel compounds.
5. Strategic Considerations
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Patent Life Cycle: The patent’s expiration in 2026 makes it crucial for the patent holder to maximize its commercial exploitation before expiry.
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Supplementary IP: Filing supplementary patents around improvements, new indications, or delivery methods can extend proprietary benefits.
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Global Strategy: Filing equivalents in key jurisdictions, especially those with substantial markets (US, EU), is advisable to inhibit parallel infringement activities.
6. Conclusion
CN101068552 exemplifies a typical Chinese pharmaceutical patent with broad core claims and dependent claims that secure a chemical invention’s scope. Its strategic value lies in its capacity to prevent third-party competitors from exploiting similar compounds for a significant period. The patent landscape surrounding this IP emphasizes careful navigation of prior art and competitors’ filings to sustain market exclusivity.
Key Takeaways
- The patent’s broad claims on a chemical class provide robust protection against similar compounds and formulations.
- Detailed claims and dependent clauses afford layered defensibility, enabling enforcement and licensing.
- Aligning patent strategies with product development timelines is vital before patent expiry in 2026.
- Competitors must conduct rigorous freedom-to-operate assessments and consider designing around the patent.
- Monitoring related patent filings globally enhances strategic IP positioning.
5 Frequently Asked Questions
Q1: What is the primary scope of invention protected by CN101068552?
A: The patent primarily protects a specific chemical compound or its derivatives, along with formulations and methods of use related to this compound, in treating particular indications.
Q2: How does the patent landscape in China influence the commercial viability of this patent?
A: The competitive patent environment requires vigilant monitoring of similar filings and prior art to uphold validity, enforce rights, and prevent infringement.
Q3: Is the patent likely to be challenged or invalidated before expiry?
A: Validity challenges may arise if prior art or experimental data undermine inventive step or novelty; however, based on standard Chinese patent examination, well-substantiated patents typically withstand scrutiny.
Q4: Should companies file patent equivalents or improvements to extend protection beyond 2026?
A: Yes. Filing supplementary patents on formulations, new indications, or delivery methods can prolong exclusivity and maintain market leadership.
Q5: What strategic steps should a competitor follow to navigate this patent landscape?
A: Conduct comprehensive patent clearance searches, explore design-arounds, and consider alternative chemical scaffolds compliant with Chinese patent law to avoid infringement and develop innovative alternatives.
Sources
[1] SIPO (State Intellectual Property Office of China). Patent CN101068552. Available at: https://cponline.cponline.cnipa.gov.cn/
[2] WIPO. Patent Cooperation Treaty (PCT) applications related to the family.
[3] Chinese Patent Law and Examination Guidelines.
Note: For specific technical insights, access to the complete patent document, including claims, specifications, and legal status, is necessary.
