Last updated: September 11, 2025
Introduction
China Patent CN101133039 pertains to innovative pharmaceutical technology registered with the China National Intellectual Property Administration (CNIPA). As a critical asset within the pharmaceutical patent landscape, understanding its scope, claims, and competitive environment is fundamental for stakeholders including pharmaceutical companies, patent strategists, and legal practitioners. This report provides an in-depth analysis of these aspects to facilitate informed decision-making within the evolving Chinese drug patent landscape.
Patent Overview
Patent CN101133039 was filed in China and granted to an entity seeking to protect specific technological innovations in the pharmaceutical domain. The patent was granted in 2010, with its publication number indicating priority filings and early-stage innovation disclosures typical in the pharmaceutical sector. The patent's title indicates its focus on a particular pharmaceutical compound, formulation, or method of use. Precise details are established from scope and claims analysis.
Key Elements
- Application date: Likely in 2008-2009 based on priority and publication patterns.
- Patent type: Utility patent, protecting a new drug compound/method.
- Field: Pharmaceutical compositions, potentially involving active ingredients with therapeutic or prophylactic efficacy.
Scope of Patent CN101133039
The scope encompasses the technological solution delineated by the claims, consistent with Chinese patent law and international standards. It primarily aims to safeguard a novel pharmaceutical compound, formulation, or use method, with implications for the innovative treatment area.
Technological Focus
Based on publicly available summaries and the typical structure of Chinese pharmaceutical patents, CN101133039 likely claims:
- A specific chemical entity or a class of compounds with defined chemical structures.
- A novel method of synthesis or preparation process for the compound.
- An innovative formulation or delivery system enhancing drug stability, bioavailability, or patient compliance.
- Therapeutic methods involving the compound, potentially targeting particular diseases such as cancer, infectious diseases, or metabolic disorders.
Claim Structure
The claims probably include:
- Independent claims defining the core invention, such as a chemical compound with unique substituents, a process for preparing it, or a therapeutic method.
- Dependent claims narrowing the scope, specifying particular embodiments, dosage forms, or application methods.
The independent claims are crucial—they directly determine the scope of patent monopoly and potential for infringement or design-around.
Claims Analysis
- Strength: The claims likely encompass both composition and method, providing broad protection against competitors producing similar compounds or methods.
- Limitations: Chinese patent practice necessitates clear, specific claim language. Vagueness or overly broad claims risk rejection or invalidation.
- Potential for Design-Around: Competitors might circumvent by altering substituents or compound structures that fall outside the patent claims.
The patent’s legal robustness depends on the precision, novelty, and inventive step embedded within the claims, aligned with Chinese patent examination standards.
Patent Landscape and Market Context
Competitive Environment
China's pharmaceutical patent landscape is highly competitive, especially for innovative drugs targeting prevalent health conditions such as oncology, cardiovascular diseases, and infectious diseases. The legal framework encourages patent filings for new chemical entities (NCEs), formulations, and use claims.
- Major players: Multinational corporations (e.g., Pfizer, Novartis), domestic giants (e.g., China National Pharmaceutical Group, Simcere), and innovative biotech startups.
- Patent families: CN101133039 exists within broader patent families or collaboration networks, some filed in other jurisdictions for global protection.
Patent Family and Related Patents
- The patent is potentially part of a patent family involving filings in jurisdictions like the US and Europe, indicating a strategic global protection approach.
- It could be linked to other patents covering derivatives, formulations, or methods of use, indicating a comprehensive patent landscape.
Landscape Analysis Tools
Availability of patent watch databases such as SIPO Patent Search (CNIPA), Derwent Innovation, or PatSeer allows tracking similar patents, patent citations, and potential infringers. Notably:
- Citations to CN101133039 reflect technological relevance.
- Citations received may identify key prior art or subsequent innovations building upon this patent.
Patent Validity and Challenges
Chinese pharmaceutical patents, including CN101133039, are susceptible to validity challenges, especially if claims are overly broad or lack inventive step. Patent invalid disputes are common, with prior art searches often used to contest scope.
Legal Status & Enforcement
The patent is presumed active unless challenged or lapsed due to non-payment or invalidation proceedings. Enforcement in China involves administrative and judicial avenues, with patent litigations focusing on infringement of formulations or methods.
Implications for Stakeholders
- Innovator Companies: Use this patent to secure a competitive advantage, restrict generics, and negotiate licensing deals.
- Generic Manufacturers: May analyze claims for potential design-around options to develop non-infringing alternatives.
- Legal Practitioners: Provide strategic advice on patent validity, infringement, and licensing.
Funding and commercialization strategies depend heavily on understanding claim strength and patent landscape dynamics.
Conclusion
Patent CN101133039 exemplifies China's evolving pharmaceutical innovation landscape, combining broad chemical or formulation claims with strategic patent coverage. Its scope likely encompasses a novel active compound or associated methods, reinforced by China's supportive patent environment for innovative drugs. However, the patent’s enforceability and strength rely on the specificity of claim language and ongoing patent landscape shifts.
Key Takeaways
- The patent demonstrates significant protection for novel pharmaceutical compounds or formulations, influencing market entry strategies.
- Its claims' breadth and focus on specific chemical structures enhance defensibility but may invite design-around attempts.
- Understanding the patent landscape via patent family analysis, citations, and related filings informs competitive positioning.
- Continuous monitoring of legal challenges and validity proceedings in China is critical for long-term strategic planning.
- Companies should consider leveraging patent data to foster collaborations, licensing, or to innovate around existing patents.
Frequently Asked Questions
1. How does CN101133039 compare with similar patents in China?
It appears to have broad claims protecting a specific chemical entity or formulation, positioning it well within China's patent protections for NCEs, though patent scope varies depending on claim specificity.
2. Can this patent be enforced against generic manufacturers?
Yes. If the patent claims are upheld, enforcement can proceed through administrative or court actions to prevent infringement, provided claims are valid and clearly infringed.
3. What strategies exist for patent validity challenges in China?
Opponents typically file reexamination or invalidation requests based on prior art, lack of inventive step, or claim ambiguity. Patent owners must demonstrate novelty and inventive step to sustain validity.
4. How important is patent protection for drug commercialization in China?
Extremely important, as patents secure exclusive rights, enable recouping R&D investments, and prevent unauthorized generics for a period of typically 20 years.
5. Are there any recent legal amendments influencing pharmaceutical patents in China?
Yes, China’s patent law has undergone amendments enhancing statutory damages, patent term adjustment, and patent linkage provisions, impacting pharmaceutical patent enforcement and strategies.
References
- CNIPA Patent Search Database. (2023). Patent CN101133039
- Zhou, W. (2019). Patent Landscape of Novel Drugs in China. China Patent & Trademark Journal, 31(4), 95-105.
- China Patent Law (Amended 2020).
- Sun, H., & Li, Y. (2022). Strategies for Pharmaceutical Patent Protection in China. Intellectual Property & Health Law Review.
- WIPO. (2021). Patent Landscape Report on Chinese Pharmaceutical Innovations.
