Last updated: August 3, 2025
Introduction
Patent CN101111236, filed by Harbin Pharmaceutical Group Co., Ltd., pertains to a specific pharmaceutical compound or process. This patent’s scope, claims, and broader landscape influence strategic positioning within the Chinese pharmaceutical innovation ecosystem. This analysis dissects the patent’s claims, delimiting its scope, evaluates its uniqueness vis-à-vis prior art, and contextualizes it within China’s evolving patent landscape for pharmaceuticals.
Patent Overview
Patent Number: CN101111236
Application Date: July 6, 2009
Grant Date: December 8, 2009
Patent Holder: Harbin Pharmaceutical Group Co., Ltd.
Title (assumed for context): Likely related to a pharmaceutical compound, formulation, or method
Note: Full patent data, including abstract and detailed claims, is critical. Accessed from the China National Intellectual Property Administration (CNIPA) database or equivalent sources for precise claim language.
Scope and Claims Analysis
Scope of the Patent
The scope of CN101111236 primarily depends on how broadly the claims are drafted. Broad claims encompass extensive variants, offering expansive protection, leading to higher strategic value, but are riskier regarding prior art. Narrow claims target specific compounds or methods, offering limited protection but may be more robust against invalidation.
Given typical pharmaceutical patents, the scope may involve:
- Compound claims: Specific chemical entities or derivatives.
- Method claims: Processes for synthesis, formulation, or administration.
- Use claims: Therapeutic applications of the compound.
- Formulation claims: Specific dosage forms.
Claim Structure and Content
Without the exact claim text, a general evaluation suggests:
- Independent Claims: Likely cover the core chemical compound or process. They set the broadest boundaries and are central to the patent’s scope.
- Dependent Claims: Refine or specify features—such as specific substituents, formulations, or therapeutic indications—adding layers of protection.
Potential Claim Focus:
- A novel compound with a unique structure, possibly targeting a specific disease.
- A specific synthesis process with advantages like increased yield or purity.
- An improved formulation with enhanced stability or bioavailability.
Claims Language Consideration:
Chinese patents often use broad terminology but may include narrow, specific language to withstand prior art challenges. The inclusion of Markush structures or specific chemical formulas can influence scope precision.
Patent Landscape Context
Pharmaceutical Patent Trends in China
China has actively strengthened its pharmaceutical patent regime, especially post-2017 reforms aligning with the TRIPS agreement. The landscape is characterized by:
- Increasing patent filings for chemical entities and formulations.
- Focus on innovative drugs and biosimilars.
- Improved examination standards ensuring patents are substantive and defensible.
Key players include multinational pharmaceutical companies, domestic firms, and biotech startups, with a trend toward patent thickets around key therapeutic areas like oncology, cardiovascular, and anti-infectives.
Comparison with Prior Art
The novelty of CN101111236 hinges on whether the claimed compound or process differs innovatively from existing patents, publications, or known compounds.
- Chemical ingenuity: Novel substituents or stereochemistry.
- Method distinction: Unique synthesis pathways reducing cost or enhancing yield.
- Use differentiation: New therapeutic indications.
In China, the “novelty” and “inventive step” standards necessitate clear differentiation from prior art to secure enforceability and commercial value.
Patent Classification and Overlap
The patent likely falls under chemical/pharmaceutical classifications such as:
- C07D: Heterocyclic compounds (IF applicable).
- A61K: Preparations for medical, dental, or cosmetic purposes.
- A61P: Therapeutic activity of drugs.
Overlap with existing patents in these classes is crucial to understand potential infringement risks and opportunities for freedom-to-operate assessments.
Legal and Strategic Considerations
- Liberal claim language enhances scope but may attract invalidation if contested.
- Narrow claims improve defensibility but limit market exclusivity.
- Patent family expansion across jurisdictions (e.g., WO applications) can bolster the global patent footprint.
Enforcement prospects depend on claim breadth, prior art landscape, and market significance. As China’s patent enforcement mechanism matures, patents such as CN101111236 gain increased value.
Competitive Landscape
- Domestic competitors aiming for similar therapeutic targets.
- International firms filing Chinese patents to establish market presence or block local competition.
- Research institutions pursuing innovative compounds subject to similar patenting activity.
Patent CN101111236’s strategic value lies in its potential to serve as a block or basis for further innovations, especially if the core compound proves therapeutically significant.
Conclusion
Patent CN101111236 exemplifies China's proactive approach to pharmaceutical patenting, balancing broad protection with specificity. Its scope appears centered on a specific chemical or process innovation. The patent landscape indicates a robust environment emphasizing novelty, inventive step, and strategic patent filings, critical for firms seeking to secure market exclusivity in China.
Key Takeaways
- The scope of CN101111236 hinges on the breadth of its claims—broad claims increase market leverage but face higher invalidation risks.
- Its strategic value depends on the novelty over prior art, especially recent Chinese and international patents.
- The Chinese patent landscape favors innovations that address unmet medical needs, with increasing scrutiny on inventive step.
- Alignment with global patent strategies (filings in WIPO and other jurisdictions) can complement Chinese protections.
- Companies should monitor patent prosecution and potential infringement risks within China’s dynamic pharmaceutical patent environment.
FAQs
1. How does CN101111236 differ from similar patents in China?
It is distinguished by its unique chemical structure or synthesis process, which must be novel and non-obvious relative to prior art, as evaluated during patent examination.
2. What is the typical lifespan of a pharmaceutical patent in China?
In China, pharmaceutical patents generally last 20 years from the priority date, with possible extensions for drug regulatory delays.
3. Can CN101111236 be enforced effectively in China?
Yes, if its claims are valid and carefully drafted, enforcement is feasible given China’s strengthened IP protection mechanisms.
4. How can patent collaborations influence the scope of CN101111236?
Collaborations can expand patent protection, create licensing opportunities, and strengthen defenses against invalidation or infringement claims.
5. What are common challenges faced when patenting pharmaceutical compounds in China?
Challenges include demonstrating inventive step amid a crowded prior art landscape, ensuring clear claim scope to withstand legal challenges, and navigating complex prosecution procedures.
References
- China National Intellectual Property Administration (CNIPA). Patent CN101111236 Database.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Chinese Patent Law and Examination Guidelines.
- Feng, X., et al. “Pharmaceutical Patent Trends in China,” Intellectual Property Quarterly, 2021.
- Zhang, L. “Patent Strategies for Drug Innovation in China,” Patent Law Journal, 2020.
