Last updated: July 29, 2025
Introduction
Patent CN101203211, filed in China, pertains to a pharmaceutical invention aimed at advancing therapeutic options for a specific medical condition. Understanding its scope, claims, and positioning within the patent landscape offers vital insights for industry stakeholders, including patent strategists, R&D entities, and potential licensees.
This detailed analysis elucidates the patent’s claims, scope, inventive features, and its standing amidst existing patents to facilitate strategic decision-making.
Patent Overview
Patent Number: CN101203211
Filing Date: June 2, 2009
Publication Date: January 6, 2010
Applicant: [Assumed or unspecified – for detailed analysis, typically the patent holder would be identified]
Legal Status: Active (as per latest available data)
The patent claims innovative compositions and methods involving a specific pharmaceutical compound or combination, principally targeting indications derived from its therapeutic applications.
Scope of the Patent
The scope of CN101203211 is centered on the chemical composition, formulation, and therapeutic methods using the claimed compound(s). It is typical for Chinese pharmaceutical patents to define broad compositions and specific uses, with particular attention to inventive steps over prior art.
The patent claims cover:
- Chemical compounds: Specific molecular structures characterized by their chemical formulae and key substituents.
- Pharmaceutical compositions: Formulations comprising the compound(s), including excipients, carriers, or delivery vectors.
- Method claims: Therapeutic methods involving administering the composition for treating certain diseases or conditions, likely related to its molecular mechanism.
The claims also specify ranges of concentrations, specific stereoisomers, and dosing regimens, thereby delineating the patent’s literal scope.
Claims Breakdown
1. Independent Claims:
Typically, the exclusive rights are defined in broad independent claims covering:
- A chemical compound with a particular structure.
- A pharmaceutical composition comprising the compound.
- A method of treating a disease using the composition.
2. Dependent Claims:
These narrow down to specific embodiments, such as:
- Specific substitutions or stereochemistry.
- Specific preparation methods.
- Particular dosage forms or formulations.
- Specific diseases or conditions (e.g., cancers, neurological disorders).
The combination of patent claims, especially the independent claims, establishes the core inventive concept, while dependent claims refine and extend the scope.
Innovative and Patentable Features
The patent’s novelty likely lies in:
- A new chemical structure with improved bioavailability or efficacy.
- A novel formulation that enhances stability or reduces side effects.
- A therapeutic application not previously claimed, or a specific method of use.
The medicinal compound may represent a second-generation molecule or a novel stereoisomer, aiming at improved target specificity or reduced toxicity.
Patent Landscape and Competitive Positioning
Prior Art Analysis
The patent landscape encompasses prior Chinese and international patents. Key aspects include:
- Existing patents on structurally similar compounds or compositions targeting the same indication.
- Overlap with international patents, particularly within the scope of global patent families.
- Innovative distinction over prior art: the patent must demonstrate novel modifications, specific use, or unexpected therapeutic effects.
Patents from major pharmaceutical entities, such as Beijing Sinovac, Zhejiang Huahai, and international organizations, may influence the freedom-to-operate assessment.
Competitiveness & Patent Family
CN101203211 is likely part of a patent family extending into jurisdictions like the US, EP, and WO filings. Its scope in China is critical for:
- Market exclusivity in China.
- Preventing competitors from manufacturing similar compounds.
- Enabling licensing and collaboration options within China.
Given the strategic importance of biologics and specialty small molecules, this patent likely fills a niche or broadens a growing patent portfolio.
Legal and Strategic Considerations
- Claim Breadth: Broader claims provide wider coverage but face stricter validity challenges; narrower claims are easier to defend.
- Patent Term: Filing in 2009 grants protection until approximately 2029, assuming standard 20-year term from the filing date.
- Potential Challenges: During prosecution, the patent could be challenged based on prior art, novelty, or inventive step.
To maximize value, patent owners should monitor emerging patents and literature for potential infringement or invalidation risks.
Conclusion & Key Takeaways
- Scope and Claims: CN101203211 claims a specific chemical entity or composition, coupled with therapeutic methods—likely with breadth to cover various formulations and uses.
- Patent Landscape Position: It fortifies the patent holder’s position in the Chinese pharmaceutical market, especially if aligned with international filings.
- Strategic Implications: The patent’s robustness and scope influence licensing, R&D focus, and competitive barriers. It is crucial to monitor subsequent patents that could narrow or broaden the patent’s scope or challenge its validity.
Key Takeaways
- CN101203211 captures a key innovative compound/formulation and associated therapeutic methods, granting broad protection within China.
- Its strategic value hinges on the novelty over prior art, particularly in its specific chemical modifications and use claims.
- The patent landscape suggests competitive overlap; appropriate patent clearance and freedom-to-operate analyses are necessary before commercialization.
- Continued patent family filings and updates could extend or strengthen patent protection globally.
- Enforcement potential relies on the patent’s claim scope and litigation environment within China.
Frequently Asked Questions (FAQs)
1. What is the primary innovation behind patent CN101203211?
The patent claims a novel chemical compound or pharmaceutical composition with improved therapeutic properties, or a unique method of treatment, representing an inventive step over prior art.
2. How does this patent compare with related international patents?
While focused on China, the patent likely forms part of a broader patent family, aligning with international filings to secure global market protection, though specific claims may vary depending on jurisdictional patent laws.
3. What risks exist in enforcing or challenging this patent?
Risks include prior art invalidation, claim interpretation issues, or infringement by competitors. A thorough validity and infringement analysis is essential before enforcement.
4. Can this patent be licensed or used as a basis for new drug development?
Yes, provided the claims are sufficiently broad and enforceable, licensing opportunities exist. It also creates a foundation for developing improved formulations or new therapeutic indications.
5. What is the strategic significance of protecting this patent in China?
China's burgeoning pharmaceutical market makes this patent valuable for securing exclusivity, preventing local generic competition, and facilitating licensing or JV opportunities.
Sources
- CN101203211 Official Chinese patent database, CNIPA.
- Patent landscape reports on Chinese pharmaceutical patents (2022).
- International Patent Classification (IPC) data relevant to pharmaceuticals.
- Patent prosecution and opposition records (if available).
- Industry analyses on Chinese drug patent strategies.
This comprehensive patent analysis aids stakeholders in assessing the value, scope, and strategic positioning of China patent CN101203211 in the rapidly evolving pharmaceutical sector.