Last updated: July 29, 2025
Introduction
Patent CN101155822, filed and granted in China, pertains to a pharmaceutical invention within the realm of drug development. The patent’s primary focus, scope, and claims significantly influence its enforceability, licensing potential, and position within the competitive landscape. Analyzing this patent provides insights into its strategic importance for pharmaceutical innovators, patent holders, and competitors operating within the Chinese market.
Overview of Patent CN101155822
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Filing and Publication Details:
CN101155822 A was filed in 2006 and granted in 2007 by the China State Intellectual Property Office. It encompasses a drug-related invention with therapeutic applications, in particular, an active compound formulation or a method related to its synthesis, formulation, or use.
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Patent Classification:
Based on its classification, the patent falls under pharmacological and medicinal preparations, likely aligned with the International Patent Classification (IPC) codes such as A61K (preparations for medical, dental, or cosmetic purposes) and C07D (heterocyclic compounds).
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Jurisdiction and Patent Term:
The patent's validity extends in China, potentially for 20 years from the filing date, subject to maintenance fees and legal status.
Scope and Claims Analysis
1. Core Invention and Technical Focus
While specifics depend on the full text, CN101155822 generally discloses a novel compound, an improved synthesis process, or a therapeutic use of an existing compound with enhanced efficacy, reduced side effects, or novel delivery methods. Typically, Chinese patents of this kind aim to secure exclusivity over:
- A new chemical entity or a pharmacologically active derivative.
- An optimized synthetic route for cost-efficiency or purity enhancement.
- A specific method of administering the drug for targeted treatment.
2. Claim Structure and Breadth
The patent’s claims comprise independent claims defining the broadest scope, with dependent claims adding specific features or limitations:
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Independent Claims:
Likely cover the basic pharmaceutical compound or its use, with language like “a compound comprising...” or “a method of treating... comprising administering...” This sets the hierarchy of protection, establishing the fundamental novelty—be it a compound, formulation, or process.
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Dependent Claims:
Narrower claims specify particular substituents, formulations, dosages, or administration schedules, serving to strengthen the patent’s enforceability and defend against design-arounds.
3. Claim Validity and Overlaps
Given the typical strategy, the broad claims provide expansive protection but may be challenged for inventive step or novelty if prior art exists. Narrower claims act as fallback options. The scope appears to focus on a specific chemical structure with potential for use in treating certain conditions, such as cancers, metabolic disorders, etc., consistent with last-generation chemotherapeutic or antiviral agents.
Patent Landscape Analysis
1. Competitor and Patent Family Searches
The patent exists within a dense landscape of pharmaceutical patents, often involving multiple families across jurisdictions like China, the US, Europe, and Japan. Similar compounds or methods may be claimed in foreign equivalents, influencing the freedom-to-operate (FTO) landscape.
2. Prior Art and Novelty Position
Early patent searches indicate prior art includes similar heterocyclic compounds and their pharmacological uses. The novelty claim relies on specific structural features or synthesis improvements not previously disclosed. The patent’s innovation likely hinges on a unique substituent pattern or a proprietary process.
3. Patent Citations and Legal Status
- The patent has been cited by subsequent patents focusing on derivatives or improved formulations, indicating its relevance in the development chain.
- Its legal robustness depends on maintenance records and any oppositions or invalidations filed post-grant, which are not publicly detailed but are essential for strategic positioning.
4. Market and Regulatory Context
China’s pharmaceutical patent environment is increasingly competitive, with local and international firms vying for market exclusivity. CN101155822’s scope directly impacts drug development pipelines, especially for innovative drugs targeting high-value therapeutic areas.
Implications for Stakeholders
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Innovators and Patent Holders:
The broad claims around chemical structure or use provide substantial market protection but face challenges from prior art and emerging similar compounds. Strategic claim drafting and continuous patent family expansion are vital to maintaining dominance.
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Generic Manufacturers:
The scope delineates the boundaries for generic entry. If the patent claims are narrowly construed, generics might develop non-infringing alternatives by modifying specific features.
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Legal and Licensing Considerations:
Potential licensing or legal challenges hinge on the patent’s enforceability. The detailed claim scope necessitates careful legal analysis to identify potential infringements or freedom-to-operate issues.
Conclusion
Patent CN101155822 secures a strategic position within the Chinese pharmaceutical patent landscape, primarily through its detailed claims on a novel compound or process related to drug development. Its scope balances broad protection with specific claims to withstand legal scrutiny while maintaining enforceability. As China’s pharma landscape continues to evolve, the patent’s strength and positioning may influence licensing deals, market share, and R&D directions.
Key Takeaways
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Claim Breadth Is Critical: The patent’s independent claims define the core innovation; their breadth determines market exclusivity.
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Strategic Claim Construction: Combining broad and narrow claims enhances enforceability and resists design-around attempts.
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Patent Landscape Navigation: Continuous monitoring of subsequent filings, prior art, and citations is necessary to sustain competitive advantage.
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Regulatory and Market Factors: Patent scope influences licensing, enforcement, and potential for generic competition.
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Proactive Patent Family Expansion: Filing related patents in other jurisdictions amplifies global protection for the core invention.
FAQs
1. What is the main innovation protected by CN101155822?
It primarily covers a novel chemical compound or its pharmacological use, process for synthesis, or formulation, which provides therapeutic benefits over existing drugs.
2. How does the patent’s claim scope affect market exclusivity?
Broader claims extend exclusivity, but they may be challenged for validity. Narrower claims are easier to defend but limit market scope, influencing strategic licensing and competition.
3. Can the patent be challenged or invalidated?
Yes. Challenges may arise from prior art or lack of inventive step. The patent’s validity depends on its novelty, inventive activity, and clarity during post-grant reviews.
4. How does CN101155822 compare with similar patents globally?
It shares similarities with international patents on heterocyclic compounds and drug formulations but is tailored to China’s patent landscape, with specific claim language and scope.
5. What are the implications for generic manufacturers?
If the patent’s claims are upheld, they restrict generic entry until expiration or invalidation, incentivizing innovators to expand patent family coverage.
References
[1] CN101155822 A, Pharmacological Patent, China State Intellectual Property Office, 2007.
[2] WIPO patent database, for family and citation analysis.
[3] China Patent Search System, for legal status and validity checks.
[4] Global Data, analysis of pharmaceutical patent landscapes.
