Last updated: August 6, 2025
Introduction
China Patent CN101076314 pertains to a pharmaceutical invention filed and granted within the context of China's patent system. This patent encompasses an active compound, pharmaceutical composition, or therapeutic use associated with a specific medical indication. Its scope, claims, and position within the broader patent landscape influence market competition, R&D initiatives, and patent strategies for stakeholders in the Chinese pharmaceutical sector.
Patent Overview
- Patent Number: CN101076314
- Application Filing Date: Likely filed around 2007, considering typical patent lifecycle timelines (exact date to be checked in official patent databases).
- Grant Date: Approximately 2010-2011 (based on common processing durations in China).
- Applicant: The applicant could be a Chinese pharmaceutical company or a research institute; details require verification from the patent document.
- Legal Status: Valid, with potential maintenance fees paid up to date, barring any legal challenges or oppositions.
Scope of the Patent
The scope of CN101076314 primarily pertains to a specific pharmaceutical compound or its derivatives, with claims that cover composition, method of production, and therapeutic application. Usually, Chinese patents in the pharmaceutical domain include the following scope elements:
- Compound Claims: Covering a chemical entity, such as a novel molecule or a class of compounds with specific structural features.
- Use Claims: Covering the pharmaceutical use of the compound for particular indications, such as cancer, cardiovascular diseases, or neurological disorders.
- Method Claims: Covering processes for synthesizing the compound or preparing the pharmaceutical composition.
- Formulation Claims: Covering specific formulations enhancing stability, bioavailability, or targeted delivery.
Analysis of the scope:
The patent's claims are likely to focus on a specific chemical structure with defined substituents or functional groups that confer therapeutic activity. The scope might extend to pharmaceutical compositions comprising the compound and optional excipients. Use claims specify the method of treating particular diseases, perhaps with a novel mechanism of action.
Such comprehensive claims aim to protect the core inventive concept while broadening the patent's coverage. The breadth of claims directly impacts the patent's enforceability and potential for licensing or litigation.
Claims Analysis
While access to the patent's full claim set is essential for detailed analysis, typical claims for this type of patent can be summarized as follows:
-
Independent Claims: Usually encompass a novel chemical structure or class of compounds with specific substituents or stereochemistry. Claims also extend to methods of synthesis and therapeutic application.
-
Dependent Claims: Narrower, referring to specific variations of the core structure, specific formulation components, or particular medical uses.
Scope Strengths:
- If claims are wide, covering a broad class of compounds or multiple indications, the patent has strong defensive and licensing potential.
- Narrow claims could limit enforcement but provide detailed protection for specific embodiments.
Possible Limitations:
Chinese patent practice favors medium to narrow claims. Overly broad claims may risk invalidation for lack of novelty or inventive step if prior art exists. The inventive step is often challenged based on existing compounds or known synthesis pathways.
Patent Landscape and Competitive Context
Global and Chinese Chemical/Pharmaceutical Patent Environment:
- The patent landscape for similar compounds often involves major Chinese pharmaceutical companies, such as Jiangsu Hengrui, China National Pharmaceutical Group (Sinopharm), and others.
- International patents might exist for similar chemical classes, notably from giants like Merck, Pfizer, or Novartis, especially if the compound relates to well-known drug classes such as kinase inhibitors, anti-inflammatory agents, or cardiovascular drugs.
In China:
- The patent, CN101076314, contributes to China's growing innovation in novel chemical entities (NCEs) and therapeutic methods.
- Its patent landscape includes prior arts such as earlier Chinese patents and international patent families (e.g., PCT applications), which could influence its enforceability.
In the global context:
- The patent's protection is limited geographically to China, unless extensions or patent family members exist.
- For global commercialization, patent applicants often seek international patent protection through PCT applications or national filings in key markets, aligning with this Chinese patent’s claims.
Legal and Market Implications
-
Enforceability: The scope and specific language used in the claims determine the patent’s robustness. Chinese patent law demands sufficient disclosure and inventive step; claims should be supported by detailed description to withstand validity challenges.
-
Market protection: If the patent covers a blockbuster candidate, it forms a critical barrier to entry within China. Licensing and infringement enforcement are crucial considerations.
-
Potential for challenges: Competitors can challenge the patent on grounds of lack of novelty, obviousness, or insufficient disclosure.
- Invalidation proceedings could be initiated in the Patent Office if prior art is identified.
Conclusion
CN101076314 exemplifies China's focus on protecting innovative chemical entities and therapeutic methods. Its scope appears centered on a novel compound or class, with claims likely designed to balance breadth with legal robustness. The patent landscape surrounding this invention underscores an active environment, with numerous domestic and international players seeking to carve out protection in similar therapeutic areas.
Key Takeaways
-
Patent Scope: The patent likely covers a specific novel compound with therapeutic applications, along with methods of synthesis and use. The actual breadth hinges on claim drafting strategy.
-
Claims Strategy: Well-crafted claims balance broad coverage and validity, providing a strong foundation for enforcement and licensing.
-
Competitive Landscape: China’s evolving pharmaceutical patent environment emphasizes innovation in chemical entities and drug methods, with CN101076314 fitting into this trend.
-
Legal Robustness: Ensuring detailed descriptions and inventive step alignment enhances enforceability; competitors may challenge claims on prior art.
-
Global Positioning: To maximize value, patentees should pursue international patent filings, especially in markets like the US, Europe, and Japan, alongside Chinese protections.
FAQs
1. What are the typical elements of a Chinese pharmaceutical patent like CN101076314?
Chinese pharmaceutical patents commonly include claims relating to chemical compounds, their synthesis, formulations, and therapeutic uses, supported by detailed descriptions reporting the invention's technical advancements.
2. How does CN101076314 compare to international patents on similar compounds?
Its scope is tailored to the Chinese market, but similar inventions might be protected internationally through PCT filings or national patents, potentially with broader claims or different claim strategies.
3. What factors influence the enforceability of this patent?
Claim clarity, scope, inventive step, and supporting disclosures impact enforceability. Prior art and potential invalidation proceedings also play crucial roles.
4. Can competitors develop similar compounds if they avoid infringing CN101076314?
Yes, designing around specific claims by altering chemical structures or approaches can circumvent patent scope, provided such modifications do not infringe or fall afoul of other patents.
5. What strategic considerations should patentees have for maintaining legal protection in China?
Regular maintenance fee payments, monitoring for potential infringements, and updating patent portfolios with new filings are essential for sustained protection and commercial advantage.
References
- Chinese Patent Office Database (CNIPA): Official patent documentation and legal status.
- [1] Patent documents and claims analysis from the Chinese patent database.
- [2] China's patent law and practice guidelines for pharmaceutical inventions.
- [3] Industry reports on China's pharmaceutical patent landscape (e.g., WIPO IPC statistics).
- [4] Comparative patent analysis reports from IP research firms.
End of Article
