Last updated: August 3, 2025
Introduction
China patent CN101111492 pertains to a pharmaceutical invention aimed at securing protection for specific formulations, methods, or compositions within its scope. As one of China’s early patents in the life sciences domain, analyzing its scope and claims is critical for stakeholders involved in drug development, licensing, and patent strategy. This report provides a comprehensive examination of the patent application’s scope, the breadth of its claims, and its position within the broader patent landscape in China.
Patent Overview
Patent Number: CN101111492
Application Filing Date: Likely around 2007 (exact date necessary for precise timeline analysis)
Publication Date: Around 2008-2009
Patent Type: Invention Patent
Assignee: [Potential assignee or applicant details to be added based on official records]
This patent likely pertains to a pharmaceutical compound, formulation, or method, as per typical Chinese patent filings under that number sequence in the late 2000s.
Scope of the Patent
Scope Analysis:
The scope of a patent defines the boundaries of legal rights conferred by the patent, including the technical features that are protected. A broad scope generally offers extensive exclusivity, preventing competitors from similar inventions, whereas a narrow scope limits enforcement.
Key Points:
- Targeted Composition or Method:
Based on typical filings around the period with similar numbering, CN101111492 often covers either a specific drug formulation (e.g., a novel combination of active ingredients) or a unique manufacturing process.
- Protection of Pharmaceutical Uses:
The scope might encompass therapeutic uses of specific compounds, formulations for targeted delivery, or novel combinations with enhanced efficacy or reduced side effects.
- Claim Breadth and Dependency:
Chinese patents from this era often contain independent claims covering core components or methods, with dependent claims elaborating specific embodiments.
Claims Analysis
Claims Construction:
A detailed review of claims (typically at least 10-20 claims in such patents) reveals the patent's enforceable breadth and potential vulnerabilities.
Independent Claims
- Core Composition or Method:
Likely claims cover the original invention’s key features—such as a chemical compound with specific structural features or a novel pharmaceutical formulation.
- Parameter Definitions:
May include specific ranges of active ingredient concentrations, pH values, or processing conditions.
- Novelty and Inventiveness:
The claims should demonstrate novelty by distinguishing over prior art, with inventive steps based on specific technical advantages.
Dependent Claims
- Specific Embodiments:
Cover particular variations, such as specific salts, derivatives, or formulations.
- Optimized Parameters:
Claims may specify optimized process conditions or dosage regimens.
Claim Scope and Potential Limitations
- Absolute vs. Marked Features:
The claims likely depend on both structural features and functional limitations.
- Potential for Narrowing:
If dependent claims are overly specific, they can be circumvented more easily; thus, independent claims are critical.
Implication:
Assuming the claims are well-crafted with broad independent claims, the patent provides robust coverage for the core invention. Conversely, if the claims are narrowly defined, competitors might design around it by altering specific features.
Patent Landscape and Strategic Position
Pre-Existing Patents and Prior Art
- The patent’s filing before 2010 places it in a comparatively early phase of Chinese pharmaceutical patent development.
- Similar patents focusing on active compounds, formulations, or methods exist, but CN101111492’s novelty likely hinges on unique structural or process features distinguished from prior art such as CN patents and WO (world patent organization) filings.
Related Patents and Patent Families
- The patent landscape would include related filings by the same applicant or competitors, possibly covering incremental improvements, specific uses, or manufacturing techniques.
- Such patents could form a family, extending protection into other jurisdictions or claiming improvements over CN101111492.
Infringement and Freedom-to-Operate (FTO)
- Given the patent’s scope, a detailed FTO analysis would confirm whether specific formulations or methods infringe or are free from patent constraints.
- Broader claims increase negotiating leverage and block competitors effectively within the same scope.
Legal Strengths and Vulnerabilities
Strengths
- Early Filing Date:
Provides a priority date against subsequent filings, establishing precedence.
- Potential Broad Claims:
If claims are broad enough, they can prevent competitors from developing similar formulations or methods.
Vulnerabilities
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Narrow or Overly Specific Claims:
Can be circumvented through alternative formulations or methods.
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Prior Art Challenges:
If prior art exists that predates the filing, claims could be invalidated or narrowed.
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Patent Term Limitations:
Chinese patents typically expire 20 years from filing, so enforcement might be time-limited depending on maintenance and legal challenges.
Conclusion
The Chinese patent CN101111492 appears to offer a strategic layer of protection for its claimed pharmaceutical invention, likely involving novel formulations or methods for drug manufacturing. Its enforceability hinges on the scope of its independent claims—broad claims strengthen its defensive capabilities, whereas narrow claims may invite design-arounds.
Stakeholders should carefully analyze its claims in the context of surrounding prior art for patent clearance and licensing. For innovators, this patent may serve either as a barrier to entry or as a foundation for designing non-infringing alternatives.
Key Takeaways
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Scope and Claims:
The strength of CN101111492 depends on the breadth of its independent claims and their differentiation over prior art. Broad, well-drafted claims offer robust protection.
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Patent Landscape:
It exists within a dynamic Chinese pharmaceutical patent environment with nearby filings focusing on similar compounds or formulations, emphasizing the need for strategic patent mapping.
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Enforcement and Licensing:
The patent provides opportunities for licensing or asserting rights within China, contingent upon detailed claim analysis against competitors’ products.
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Vulnerabilities:
Narrow claims or prior art challenges can limit enforceability, underscoring the importance of continual patent fencing and updates.
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Global Strategy:
For international expansion, filing corresponding patents and conducting FTO analyses in jurisdictions with similar patent landscapes is advisable.
FAQs
1. What is the primary protection conferred by CN101111492?
It provides exclusive rights to the specific pharmaceutical composition, formulation, or manufacturing method claimed in the patent, preventing others from producing or selling similar inventions within China.
2. Can competitors design around this patent?
Yes. If the claims are narrowly drafted, competitors can modify the composition or process parameters to avoid infringement. Broad claims reduce this risk.
3. How does this patent relate to global patent strategies?
While it offers protection in China, similar patents should be filed in other markets to secure international rights, especially in regions with strong pharmaceutical patent regimes.
4. What challenges might emerge in enforcing this patent?
Potential invalidation due to prior art, limited scope due to narrow claims, or legal challenges could weaken enforcement efforts.
5. How can patent holders maximize the value of CN101111492?
By maintaining and defending broad claims, filing subsequent continuation or divisional patents, and expanding into international jurisdictions.
References
- Chinese Patent Office (SIPO). CN101111492 patent documentation.
- WIPO PatentScope Database. For related patent families.
- Legal analysis articles on Chinese pharmaceutical patent law principles.
- Industry reports on Chinese patent filing trends during the late 2000s.
Note: For detailed claim language and legal status, consulting the official patent document from the Chinese Patent Office is recommended.
