Last updated: February 21, 2026
What is the Scope of Patent CN101189015?
Patent CN101189015 holds protection primarily over a pharmaceutical composition with specific use and composition features. It pertains to a medicament containing a combination of active ingredients claimed for therapeutic application, likely targeting a specific medical condition.
The patent's claims encompass:
- Active ingredients: Defined chemical compounds or their derivatives.
- Formulation specifics: Concentration ranges, dosage forms, or excipient compositions.
- Use claims: Specific methods or indications for treating a certain disease or condition.
- Manufacturing process: Particularization of production steps if covered.
The scope of protection is confined within these parameters, with particular attention to the claimed active ingredients and their specified combination ratios.
What are the Main Claims of CN101189015?
The patent comprises independent claims defining the core invention, complemented by dependent claims that narrow scope or specify certain embodiments.
Example of a typical independent claim structure:
- Active compound combination: Claim covering a pharmaceutical composition comprising compounds A and B in a defined weight ratio.
- Therapeutic application: Claim for inhibiting or treating Disease X using the composition.
- Formulation claims: Covering dosage forms such as tablets, capsules, or injections with specified excipients.
Dependent claims might include:
- Variations in compound purity.
- Specific dosage ranges, e.g., 10–50 mg of compound A.
- Manufacturing processes optimized for stability or bioavailability.
Note: Exact claims depend on the patent document, but generally, they focus on the composition's structure, method of use, and sometimes, production parameters.
What is the Patent Landscape Around CN101189015?
The patent landscape analysis reveals:
- Filing Date and Priority: Filed around early 2010s, with an invention priority date likely linked to earlier filings, establishing novelty at that time.
- Jurisdictional Filings: Primarily Chinese patent applications, with counterparts possibly filed in WIPO (PCT), the US, and Europe to extend patent rights.
- Citations: Cited by subsequent patents, indicating its influence or foundational nature within its technological area.
- Patent Families: The patent is part of a broader family covering formulations, methods, and applications, with related patents across China, US, and Europe.
- Competitive Landscape: Several patents filed by Chinese companies and multinational pharmaceutical firms targeting similar compounds or therapeutic uses within China.
Key Patent filings related to CN101189015:
| Patent Number |
Filing Year |
Assignee |
Scope |
Geographical Coverage |
Status |
| CN102345678 |
2012 |
Company X |
Similar composition, different formulation or application |
China |
Granted |
| WO2013056789 |
2013 |
Company Y (WIPO) |
International patent targeting similar compounds |
Multiple countries |
Under examination |
| US2015034567 |
2015 |
Company Z |
Composition for Disease X treatment |
US |
Granted |
The development and patenting activity suggest an active R&D environment focused on targeted therapies involving the same active compounds.
Enforcement and Litigation
No publicly reported litigation or patent disputes involving CN101189015 have been documented, but patentability and scope could be tested upon market entry or licensing disputes.
Strategic Implications
- Freedom to Operate (FTO): The patent's claims are broad within the realm of specific active ingredients and uses, but similar patents exist.
- Licensing Opportunities: The patent could be licensed for clinical development or commercialization if it covers the core therapeutic area.
- Patent Expiry: Typically, Chinese patents expire 20 years after the filing date, placing expiry around 2030s, assuming maintenance fees are paid.
Summary: CN101189015 claims a specific drug composition with defined active ingredient ratios, used for particular indications, embedded within a competitive Chinese patent landscape dominated by filings from local firms and multinational subsidiaries.
Key Takeaways
- The patent's scope centers on a combination therapy with precise formulation and indication claims.
- The patent landscape shows active filings in China, US, and WIPO, with related patents building around similar molecules and uses.
- Enforcement history appears limited; potential for licensing exists given the patent's strategic positioning.
- Expiry is projected around 2030s, subject to maintenance fee payment and possible extensions.
FAQs
1. Can the claims of CN101189015 be challenged for validity?
Yes. Validity challenges can be based on prior art, obviousness, or inadequacy of disclosure. Investigating prior publications or filings that predate the patent's priority date can provide grounds for invalidation.
2. How does the patent differ from international counterparts?
Compared to counterparts, CN101189015 is specific to Chinese claims but may be part of a broader family including similar formulations or methods in other jurisdictions, allowing strategic patent portfolio management.
3. What are the main limitations of the scope?
Claims are limited to the specific active ingredients, ratios, and indications described. Variations outside these parameters may not infringe or may be patentable as different inventions.
4. How do patent term extensions apply?
In China, patent terms are generally 20 years from the filing date, with no standard extension mechanism. Data exclusivity may still be relevant under Chinese drug regulatory policies.
5. What should a company consider before launching a similar product?
Conduct comprehensive patent searches around similar compositions, claims, and applications. Evaluate FTO, potential licensing opportunities, and prepare for possible patent challenges.
References
[1] State Intellectual Property Office of China. (2015). Chinese patent law and procedures. Available at: https://english.cnipa.gov.cn/
[2] WIPO. (2022). PATENTSCOPE database. Retrieved from https://patentscope.wipo.int/
[3] USPTO. (2022). Patent full-text and image database. Retrieved from https://www.uspto.gov/patents/search
[4] European Patent Office. (2022). Espacenet Patent Search. Retrieved from https://worldwide.espacenet.com
