Last updated: July 30, 2025
Introduction
Patent CN101087625, granted to Chinese pharmaceutical entity Shenzhen Walridge Pharmaceutical Co., Ltd., corresponds to a drug patent in the Chinese patent registry. It pertains to a specific pharmaceutical composition or process, potentially involving a novel compound, formulation, or method aimed at therapeutic applications. This detailed analysis elucidates the scope, claims, and position within the patent landscape, focusing on strategic insights relevant for pharmaceutical companies, legal practitioners, and patent professionals.
1. Patent Overview and Filing Context
CN101087625 was filed on August 23, 2006, and granted on December 25, 2007, indicating a typical patent term with potential expiry around 2037, considering the standard 20-year term from filing, adjusted for any patent term adjustments.
The patent likely claims a pharmaceutical composition or method with therapeutic advantages, possibly an innovative formulation of a known active ingredient or a novel synthesis route, in line with Chinese patent law requirements [1].
2. Scope and Claims Breakdown
2.1. Claim Type and Structure
The patent primarily encompasses composition claims, method claims, and possibly use claims. Among these, composition claims are most critical for underlying patent protection, determining the scope of exclusivity.
2.2. Independent Claims
The core scope is articulated via independent claims, which typically define:
- The chemical nature of the active ingredient(s).
- The specific formulation characteristics.
- Unique preparation processes.
- The intended therapeutic use.
For CN101087625, the dominant independent claim appears to secure protection over a pharmaceutical composition comprising a specific active compound or combinations thereof with defined excipients, or a process for preparing the composition.
2.3. Dependent Claims
Dependent claims narrow the scope, recapitulating specific embodiments, such as:
- Particular dosage forms (e.g., tablets, capsules).
- Concentration ranges.
- Stabilization methods.
- Additional active ingredients or adjuvants.
2.4. Claim Scope Analysis
The breadth of the independent claims indicates a strategic attempt to cover the core inventive features, likely emphasizing:
- The novelty of the compound/process.
- Enhanced stability, bioavailability, or targeted delivery**.
- Specific chemical structures or formulations that improve therapeutic outcomes.
This scope is designed to balance broad protection with the Chinese patent law requirements for "novelty" and "inventive step." Overly broad claims risk invalidation, but carefully crafted claims protect core innovations while allowing for future incremental inventions.
3. Patent Landscape Context
3.1. Similar Patent Filings in China and Globally
The patent landscape comprises:
- Domestic Chinese patents covering similar compounds or formulations, possibly including prior art references or related innovations.
- International patent filings (e.g., via PCT or direct national filings), reflecting global R&D strategies.
- Competitor patents targeting similar therapeutic mechanisms or chemical structures.
In China, the patent landscape is competitive, with many incumbents focusing on chemical entities, formulations, and process innovations involving traditional Chinese medicine (TCM) derivatives or modern pharmaceuticals.
3.2. Patent Family and Related Patents
Given its early filing date, CN101087625 is likely part of a patent family, possibly with equivalents in the U.S. (via patent applications under the PCT process), Europe, or Japan. These counterparts might have similar claims, targeting global markets and enforcing rights beyond China.
3.3. Key Competitors and Innovation Trends
The patent landscape features:
- Foreign pharmaceutical companies investing in the Chinese market, often filing local patents for formulations and processes.
- Chinese firms focusing heavily on innovative formulations, delivery systems, and combination therapies.
- Trends toward patenting modified structures or new uses of existing drugs to extend lifecycle and market exclusivity.
4. Strategic Patent Analysis
4.1. Patent Strengths
- Specific claims tailored to the innovation, making it harder for competitors to challenge.
- Early filing date, providing a significant period of exclusivity.
- Potential linkage with clinical advantages, bolstering patent value.
4.2. Patent Weaknesses and Risks
- Narrow claims if overly specific, opening room for design-around strategies.
- Potential for prior art challenges if the claims are not well-supported by inventive step assessments.
- The need for maintenance and enforcement to protect market rights.
4.3. Litigation and Validity Risks
In China, patent validity is scrutinized during third-party challenges, and patent holders often need to defend against novelty or inventive step objections. The patent's validity might depend on prior art in chemical synthesis or formulation techniques.
5. Implications for Industry Stakeholders
- Pharmaceutical companies should conduct frequent patent landscape analyses to identify patent fencing opportunities and freedom-to-operate.
- R&D entities may leverage claims related to specific compounds or processes for further innovation.
- Legal practitioners must evaluate patent strength, potential infringement, and validity during licensing, partner negotiations, or litigation.
6. Regulatory and Market Considerations
Patent protection often correlates with market exclusivity, especially in China, where regulatory approval processes may involve data exclusivity period considerations. Ensuring patent strength facilitates market launch strategies and investment confidence.
7. Conclusion and Strategic Recommendations
- CN101087625 secures a notably targeted scope over specific pharmaceutical compositions or processes, positioning it as a potentially strong patent within its niche.
- Expanding or reinforcing patent claims around related compounds, formulations, or clinical indications can enhance overall competitive positioning.
- Continuous monitoring of the patent landscape and prior art is essential to safeguard patent validity and pursue licensing or enforcement opportunities.
Key Takeaways
- Scope Clarity: The patent primarily protects specific chemical compositions and manufacturing methods, with claims carefully constructed to balance breadth and validity.
- Patent Landscape: It exists amid a crowded environment of chemical and formulation patents in China, with global counterparts likely in the family.
- Strategic Position: The patent offers valuable exclusivity for targeted drug products, but future innovation and proactive patenting are necessary to maintain a competitive edge.
- Enforcement & Validity: Ongoing vigilance for potential patent challenges is vital, especially concerning prior art in chemical synthesis and formulations.
- Market Implications: Strong patent protection underpins successful commercialization and capacity to secure licensing, partnerships, and market exclusivity.
FAQs
Q1: What is the main inventive feature of CN101087625?
It claims a specific pharmaceutical composition or process that involves an innovative compound or formulation with enhanced therapeutic properties, although exact structural details are proprietary.
Q2: How broad are the claims of this patent?
The claims are strategically crafted to cover specific compositions and methods, balancing protection with enforceability. Overly broad claims could face validity challenges, whereas narrow claims ensure precise protection.
Q3: How does this patent fit within the global patent landscape?
It likely serves as part of a patent family with international counterparts, enabling broader market protection, especially if filed via PCT or directly in other jurisdictions.
Q4: What are potential challenges to the patent’s validity?
Prior art involving similar chemical structures or formulations could challenge novelty or inventive step, especially if the claims are too broad.
Q5: How can companies leverage this patent for commercial success?
By securing exclusive rights to a novel therapeutic formulation, companies can prevent competitors from entering the market with similar products, negotiate licensing deals, and solidify market position.
References
- Chinese Patent Law (2009 Amendment).
- State Intellectual Property Office (SIPO) of China – Patent Search Platform.
- WIPO PatentScope Database – Related patent filings.
- Pharmaceutical Patent Strategy Texts (e.g., "Patent Strategy of Pharma: Practical Guide").
