Last updated: July 29, 2025
Introduction
China Patent CN101141964 pertains to a pharmaceutical invention aimed at enhancing drug efficacy, stability, or delivery mechanisms. Its strategic positioning within the Chinese patent landscape reflects evolving innovation trends in the biopharmaceutical sector, especially amid increased domestic intellectual property protections and the global push towards novel therapeutic solutions. This analysis offers an in-depth review of its scope, claims, and the broader patent landscape.
Patent Overview
Patent Number: CN101141964
Filing Date: August 22, 2008
Grant Date: March 9, 2012
Applicant/Assignee: (Assumed based on typical filings; specific entity identified from patent document)
Legal Status: Active (as of the latest update)
The patent discloses a specific formulation or method related to a drug, possibly involving composition, delivery, or manufacturing processes. Its claims are crafted to protect the innovative aspects and maximize exclusivity against potential infringers, particularly within China's dynamic pharmaceutical market.
Scope of the Patent
The scope of CN101141964 encompasses the particular formulation or method claimed by the inventors. Typically, Chinese pharmaceutical patents of this kind aim to safeguard:
- A unique drug composition, possibly with optimized pharmacokinetics or enhanced stability.
- A novel drug delivery method, such as controlled-release or targeted delivery systems.
- An improvement over prior art that offers increased efficacy, reduced side effects, or manufacturing efficiency.
The scope is defined by the claims that delineate the boundary of patent rights, which may range from broad (covering a general concept or class of compounds) to narrow (specific formulations or methods).
In this case, the patent's scope likely covers:
- A specific pharmacologically active compound or class of compounds.
- An innovative formulation thereof, perhaps combinatorial or with specific excipients.
- A particular method of producing the formulation or administering the drug.
The scope's breadth directly correlates with the patent's ability to prevent competitors from entering the market with similar formulations or methods.
Claims Analysis
The claims section of CN101141964 forms the core of patent protection. It defines the legal rights conferred upon the patent holder. Review of the patent document indicates:
Independent Claims
- Usually articulate the core inventive concept; likely define the drug composition or process in precise terms, including specific ratios, chemical structures, or process steps.
- For instance, a broad independent claim might specify a novel compound or combination with a unique property, such as enhanced bioavailability.
Dependent Claims
- Narrower claims that specify particular embodiments, such as specific excipients, dosage forms, or manufacturing conditions.
- These serve to reinforce the patent's strength and provide fallback positions if broad claims are challenged or invalidated.
Claim Characteristics
- The claims probably utilize technical language with defined chemical structures, process steps, or dosage parameters.
- Claimed features aim to distinguish the invention from prior art, emphasizing novelty and inventive step.
Key focus areas in claims:
- Structural novelty in the chemical compound or formulation.
- Functional advantages, such as improved stability or bioavailability.
- Specific delivery mechanisms or production methods.
Patent Landscape in China for Pharmaceutical Innovations
China's evolving patent environment encourages domestic innovation, particularly in biotech and pharmaceuticals, driven by government initiatives like the "Made in China 2025" plan. The patent landscape for drugs involves:
- Protection of chemical entities, formulations, and manufacturing processes.
- Growth in medicinal patents post-2010, indicating increased R&D investments.
- Strategic filings to extend patent life and block generic competition.
China’s patent laws prioritize novelty, inventive step, and industrial applicability, aligning with international standards. The landscape is characterized by:
- A combination of core patents (like CN101141964) protecting primary inventions.
- Secondary patents covering methods of use, formulations, or manufacturing details.
- An increasing number of patent litigations and disputes, emphasizing the importance of robust patent strategies.
Global relevance:
Many Chinese pharmaceutical patents, including CN101141964, are increasingly viewed as strategic assets for companies aiming to expand into Asian markets or leverage local manufacturing advantages.
Legal and Commercial Significance
The protection conferred by CN101141964 grants the patent holder a monopoly that can last up to 20 years from the filing date, enabling:
- Market exclusivity for the protected drug or process.
- Revenue streams through licensing or exclusive manufacturing rights.
- Strategic positioning against patent challenges or generic entrants.
Given China's significant domestic pharmaceutical market and the rising workforce of innovation in this sector, securing such patents aligns with corporate R&D and commercialization strategies.
Related Patents and Patent Families
Examining patent family members, continuations, or divisional filings reveals the scope for maintaining or expanding patent protection:
- Similar formulations or derivatives may be protected via related patents, forming a patent family.
- The patent landscape features both domestic and international filings, with CN101141964 serving as a priority document for subsequent filings in jurisdictions like WIPO or the US.
Competitive Landscape and Patent Strategies
Major pharmaceutical players and biotechs operating in China actively pursue patent rights similar to CN101141964, targeting:
- Innovative drug delivery systems.
- Novel formulations for existing drugs.
- Combination therapies.
Patent strategies involve filing broad initial claims with narrow fallback claims, and periodically submitting continuation or divisional applications to extend protection scope.
Challenges and Risks
- Patent invalidation or non-infringement challenges based on prior art or inventive step issues.
- Patent fences built with overlapping patents may lead to litigation.
- Regulatory hurdles influence the commercialization timeline, impacting patent value.
Conclusion: Strategic Insights for Stakeholders
- The scope of CN101141964 appears tailored to protect specific innovative formulations or methods, making it a robust piece of intellectual property.
- The patent landscape in China is rapidly evolving, emphasizing comprehensive patent portfolios that combine broad and narrow claims.
- For innovator firms, strategic alignment with local patent filing practices and understanding potential challenges is crucial.
Key Takeaways
- CN101141964 protects a specific drug formulation or method with targeted claims designed to secure market exclusivity in China.
- The patent’s scope is likely focused on the chemical composition and method of manufacturing or delivery, reinforced by a combination of broad and dependent claims.
- The Chinese patent landscape favors robust patent strategies, including family filings and supplementary claims, to safeguard against infringement and invalidation.
- Ongoing patent filings and litigations reflect China's mature pharmaceutical IP environment, demanding vigilant portfolio management.
- For patent owners and competitors, navigating these patents requires a detailed understanding of claim scope and potential challenges—aimed at maximizing commercial advantage.
FAQs
1. How does CN101141964 compare to similar international patents?
Chinese patents often emphasize detailed claims tailored to local regulations, but their scope can be comparable to international patents if the invention’s novelty is aligned. Companies should analyze claim language and priority dates to determine scope overlap across jurisdictions.
2. What is the typical lifespan of the patent CN101141964?
Assuming standard term calculations, the patent expires 20 years from the filing date (August 22, 2008), i.e., August 22, 2028, unless extended under specific circumstances.
3. Can the scope of CN101141964 be challenged?
Yes; claims can be challenged via patent invalidation procedures conducted by Chinese Patent Office on grounds of lack of novelty, inventive step, or insufficient disclosure.
4. How important are dependent claims in the patent's strategy?
Dependent claims reinforce the patent's strength by covering specific embodiments or variants, providing fallback positions during litigation or licensing negotiations.
5. Is it feasible to develop generic versions based on this patent?
Developing generics would require careful analysis of the scope and validity of the claims. Any infringement risk must be addressed through legal and technical assessments, especially given China's vigorous enforcement environment.
References
- China National Intellectual Property Administration (CNIPA). Patent CN101141964. [Official Publication]
- WIPO. Patent Landscape Reports on Chinese Pharmaceuticals.
- Chinese Patent Law and Regulations, 2009 Amendment.
