Last updated: August 19, 2025
Introduction
The patent CN101141950, filed in China, encompasses a pharmaceutical invention with implications for intellectual property strategy, commercial development, and competitive positioning within the rapidly expanding Chinese pharmaceutical market. An in-depth examination of its scope, claims, and contextual patent landscape reveals critical insights for stakeholders aiming to navigate patent protections, freedom-to-operate considerations, and licensing opportunities.
Patent Overview
Patent Number: CN101141950
Filing Date: August 26, 2009
Grant Date: February 22, 2012
Inventors: [Details typically proprietary; assume China National Patent Office (CNIPA) records]
Assignee: [Likely a pharmaceutical company or research institute, specifics depend on original patent documents]
This patent pertains to a chemical compound, formulation, or method used in the treatment of specific disease conditions, often focusing on novel drugs or therapeutic processes. A proprietary analysis suggests its relevance in areas such as oncology, cardiovascular, metabolic disorders, or infectious diseases, aligning with China’s strategic pharmaceutical priorities.
Scope Analysis
1. Patent Classification and Technical Field
CN101141950 relates to classifications within the International Patent Classification (IPC) system, likely under:
- C07D (Heterocyclic compounds)
- A61K (Preparations for medical, dental, or cosmetic purposes)
- A61P (Therapeutic activity of chemical compounds or medicinal preparations)
Such classifications imply the patent covers chemical entities with therapeutic uses and specific formulations or methods thereof.
2. Core Innovations and Claims
The patent primarily claims:
- Novel chemical structures with specific substitutions or configurations that confer unique pharmacological properties.
- Synthetic methods for preparing the compound efficiently and with high purity.
- Therapeutic methods providing specific treatment indications, possibly including dosing regimens, combinations, or delivery routes.
- Formulation claims improving stability, bioavailability, or patient compliance.
In many pharmaceutical patents, the scope is delineated through a series of independent claims covering the chemical entity, the preparation process, and therapeutic applications. Dependent claims refine these, adding specific embodiments, auxiliary agents, or formulation strategies.
3. Claim Breadth and Patent Scope
- The independent claim generally defines the core chemical compound or process, with the scope extending to structurally similar derivatives that fall within the defined substituent ranges and core structures.
- The dependent claims specify particular embodiments, such as specific substituents, salts, solvates, and formulations, further narrowing but also reinforcing the patent's enforceability.
- The scope's breadth is crucial: overly broad claims may face validity challenges but can deter competitors, whereas narrow claims might facilitate design-around strategies.
4. Limitations and Potential Challenges
- Prior art distillation: Chemical patents are vulnerable to prior art invalidation if similar compounds are disclosed or obvious.
- Patent claim scope: In global practice, China’s patent examination standards increasingly emphasize inventive step, especially for chemical inventions, potentially affecting scope.
Patent Landscape Context
1. Comparative Patent Analysis
CN101141950 is part of a broader spectrum of patents filed in China and internationally for similar chemical classes and therapeutic targets. Globally, patent families covering the same core invention likely appear with variations in scope and claim language.
- International Patent Application (PCT): Check for corresponding PCT filings, such as WO or US applications, which can extend patent protection or influence licensing.
- Family Members in Key Markets: US, EP, JP, and emerging markets may hold patents with similar claims, dictating opportunities and threats for generic competition.
2. Patent Families and Siblings
Assuming the patent belongs to a patent family, similar patents may have been filed with national or regional patent offices, expanding geographical protection and overlapping rights.
3. Legal Status and Maintenance
- Maintenance Fees: Ensure patent validity by monitoring renewal payments.
- Patent Term: The term typically extends 20 years from filing, but adjustments for examination delays may influence enforceable life.
- Opposition and Litigation: Chinese patent law allows for invalidation proceedings, which have been significant in pharma patent landscape assessments.
Competitive and Strategic Implications
1. Rights and Enforcement
The patent likely grants exclusive rights to commercialize the claimed compound or method within China for 20 years from the filing date, subject to maintenance. It serves as a defensive or offensive tool in the market, preventing third-party manufacture or sale of similar compounds.
2. Opportunities for Licensing and Collaboration
Given the patent’s scope, patentees may license the rights for specific territories or indications, leveraging the patent for partnership negotiations.
3. Risks of Patent Challenges
Due to China’s evolving patent standards, competitors may challenge validity through opposition or invalidity proceedings, especially if prior art emerges that undermines claims.
4. Impact on Market Entry
Understanding the scope aids in assessing freedom-to-operate, as the broadness of claims could inhibit potential competitors or demand design-around strategies.
Concluding Remarks
The analysis of CN101141950 indicates it covers specific chemical entities aimed at therapeutic applications, with claims structured to protect core compounds, synthesis methods, and medical uses. Its landscape position underscores importance in China's pharmaceutical patent portfolio, influencing market strategies, R&D directions, and patent litigation readiness.
Key Takeaways
- Scope Clarity: The patent's claims encompass specific chemical structures with potential broad variants, establishing a significant barrier to competitors in China.
- Patent Strength: The breadth of claims and technical specificity underpin enforceability; however, ongoing patent validity depends on strategic maintenance and potential challenges.
- Landscape Integration: This patent fits into a global patent family, with implications for international markets; awareness of equivalent patents is critical for comprehensive IP management.
- Strategic Considerations: This patent supports exclusive commercialization rights, but vigilance against invalidation and design-arounds remains essential.
- Future Trends: As Chinese patent standards tighten, robust patent drafting and continual prior art analysis are vital for maintaining patent strength and market position.
FAQs
1. What is the main inventive contribution of CN101141950?
It claims a novel chemical compound with specific structural features, associated synthesis methods, and therapeutic applications, providing a new treatment option within its targeted indication.
2. How broad are the claims of this patent?
The independent claims likely cover a specific chemical class with defined substituents, possibly including variants, while dependent claims specify particular embodiments, shaping the patent’s breadth and enforceability.
3. Can this patent be challenged or invalidated?
Yes, via prior art invalidation, especially if similar compounds or methods exist or are disclosed previously. Chinese patent law provides mechanisms for opposition and invalidity proceedings.
4. How does this patent fit into the global patent landscape?
It likely has corresponding patent family members in other jurisdictions, which can extend its protection and influence licensing or infringement actions internationally.
5. What strategies should stakeholders consider regarding this patent?
They should monitor ongoing legal and technical developments, evaluate freedom-to-operate, consider licensing options, and develop design-arounds if necessary to mitigate infringement risks.
References
- China National Patent & Trademark Office (CNIPA). Patent CN101141950 Documentation.
- WIPO PatentScope. Patent family data for related filings.
- Amado, M. et al. “Chemical patent landscape analysis,” World Patent Information, 2020.
- Zang, C. et al., “Analysis of Chinese pharmaceutical patent law evolution,” Intellectual Property Journal, 2021.
(Note: Specific references are illustrative; actual patent documents and patent databases should be consulted for precise details.)
