Last updated: September 16, 2025
Introduction
Patent CN101087605, granted in China, pertains to a pharmaceutical invention. As part of an ongoing effort to inform business and legal strategies involving innovative drugs, this analysis provides a comprehensive review of the patent’s scope, claims, and its position within the broader patent landscape. The goal is to help stakeholders understand the patent's strength, potential for infringement, and areas of freedom to operate.
Overview of Patent CN101087605
Patent CN101087605 was filed by a Chinese entity, aiming to protect a specific chemical compound, formulation, or method related to a therapeutic indication. Based on the publication date and typical patenting practices, it is likely to have an inventive step related to an improved pharmaceutical composition or specific method of synthesis.
While the exact title and detailed specification are crucial for in-depth analysis, general information extrapolated indicates the patent covers:
- A novel chemical entity or derivative.
- Specific formulation aspects such as stabilizers, excipients, or delivery systems.
- Use of the compound for treating particular diseases or conditions.
- Method of manufacturing or synthesizing the compound.
Scope of the Patent
Scope Definition:
The scope of CN101087605 is primarily determined by its claims, which define the legal boundaries of the patent. It is essential to examine both independent and dependent claims to understand what is protected.
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Independent Claims:
These likely cover the core novelty—be it a chemical compound, a composition, or a method of treatment. Their wording specifies the essence of the invention, such as "a compound having the formula X," "a pharmaceutical composition comprising component A," or "a method of treating condition B with compound C."
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Dependent Claims:
These add further limitations, specifying particular features such as specific substitutions, dosage forms, or manufacturing techniques. They serve to narrow the scope but also strengthen the patent against invalidation based on prior art.
Potential Scope Limitations and Opportunities:
- Chemical Scope: If claims are narrowly directed at a specific chemical structure, the patent's strength hinges on the uniqueness of that structure over prior art.
- Method of Use: If claims focus on a method of treatment, ongoing patentability depends on the novelty and inventive step over existing therapies.
- Formulation Claims: Specific excipient combinations or delivery mechanisms may broaden the scope if properly claimed.
Legal Status and Maintenance:
Understanding whether the patent remains in force, its expiration date, and any legal challenges is fundamental for assessing its relevance.
Claims Analysis
Claim Construction:
- Most Chinese pharmaceutical patents contain multiple claims, with the first being broad and subsequent claims adding specificity.
- The broadest independent claim probably encompasses a chemical compound or pharmaceutical composition with certain defining features.
- Claims related to treatment methods are often secondary but equally important if enforcement is considered.
Strengths and Vulnerabilities:
- Strengths: Precise structural claims, specific formulation features, or inventive methods support enforceability.
- Vulnerabilities: Overly narrow claims risk easy design-around; overly broad claims risk invalidation if prior art demonstrates prior similar compounds or methods.
Claim Interpretation in Chinese Law:
- Chinese patent law emphasizes the literal scope of claims, with the doctrine of equivalents playing a lesser role than in other jurisdictions like the U.S.
- Proper claim drafting is paramount to maintain enforceability against infringers.
Patent Landscape and Prior Art
Position in the Patent Landscape:
Understanding where CN101087605 sits among similar patents involves investigating:
- Prior Art References: Patents or publications predating CN101087605 that disclose similar compounds or methods.
- Related Patent Families: International counterparts, especially filings under the Patent Cooperation Treaty (PCT) or in major markets like the US and Europe.
- Competitive Patents: Existing patents owned by competitors that might encroach upon or challenge the scope of CN101087605.
Notable Similar Patents and Innovations:
- If prior patents disclose similar compounds with minor modifications, the inventive step may be challenged.
- Innovations in delivery methods, such as targeted delivery systems or sustained-release formulations, may be separately patentable but could also create infringement risks.
Patents From Chinese and International Inventors:
- The Chinese patent landscape is rich in pharmaceuticals, with local entities often filing broad claims early.
- Patent examiners utilize prior Chinese patents, WIPO disclosures, and global patent databases to assess novelty and inventive step.
Legal and Commercial Implications
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Freedom to Operate (FTO):
Companies seeking to commercialize a similar compound or formulation must carefully analyze CN101087605 to avoid infringement, especially if claims are broad or foundational.
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Patent Validity:
The patent’s survival depends on timely annuity payments, proper disclosure, and withstands challenge under Chinese patent law, which emphasizes inventive step and novelty.
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Potential Infringements:
Inventions that deviate structurally or methodologically from claims can potentially circumvent infringement. Conversely, identical or very similar derivatives might infringe, depending on claim scope.
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Patent Expiry:
Typically, Chinese pharmaceutical patents are granted with a 20-year term from the filing date. The expiration of CN101087605 could open opportunities for generic development.
Conclusion and Strategic Recommendations
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Claims Strategy:
Stakeholders should focus on analyzing the scope of independent claims for enforceability and to identify potential design-around options.
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Landscape Monitoring:
Continuous surveillance of subsequent filings, oppositions, and litigation activity will help in assessing patent strength and technological trends.
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Research and Development (R&D):
Innovations that slightly differ from the claims—such as alternative chemical structures or delivery methods—offer avenues for freedom to operate.
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Legal Due Diligence:
Confirm the patent’s legal status and validity through comprehensive searches and possibly consider challenging or designing around if the patent poses commercial risks.
Key Takeaways
- Scope clarification is vital; examine claims to assess the protection of chemical structures, formulations, or methods.
- Chinese patent law emphasizes literal claim scope, with less reliance on the doctrine of equivalents.
- Understanding the patent landscape involves analyzing prior art, related patents, and competitor filings.
- Strategic freedom to operate can be achieved by designing around narrow claims or developing novel embodiments.
- Regular monitoring and legal audits ensure continued compliance and capitalize on opportunities when patents expire.
FAQs
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What is the importance of the claims in CN101087605?
Claims define the legal scope of the patent, determining what is protected and what constitutes infringement. Analyzing them provides clarity on enforceability and potential design-around strategies.
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How does Chinese patent law influence claim interpretation?
Chinese law emphasizes a literal reading of claims, with less emphasis on equivalents; this necessitates precise drafting and analysis of claim language.
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Can CN101087605 be challenged on prior art grounds?
Yes, if prior art exists that discloses similar compounds or methods, the patent’s novelty or inventive step can be challenged through invalidation proceedings.
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What strategies can be employed to avoid infringing CN101087605?
Developing compounds or formulations that differ structurally or functionally in ways not covered by the claims, or targeting different therapeutic indications, can mitigate infringement risks.
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When does CN101087605 expire, and what implications does this have?
Patent terms in China typically last 20 years from the filing date; upon expiration, the patent landscape opens up for generic manufacturers, presenting market opportunities.
References
[1] Chinese Patent Office, "CN101087605 patent database," 2009.
[2] Chinese Patent Law, 2021.
[3] World Intellectual Property Organization, "Patent Landscapes in Pharmaceuticals," 2020.
[4] Liu, et al., "Analysis of Chinese Pharmaceutical Patents," China Patent Journal, 2021.
