Last updated: July 29, 2025
Introduction
China Patent CN101208097, filed in 2006, pertains to an invention related to pharmaceutical compositions intended for therapeutic use. As a significant piece of intellectual property within China’s expanding pharmaceutical sector, understanding its scope, claims, and placement within the patent landscape is vital for industry stakeholders, including pharmaceutical companies, generic manufacturers, and patent professionals. This analysis offers a comprehensive review of these elements, as well as the patent landscape context.
Patent Overview and Technical Field
CN101208097 is classified within the pharmaceutical compositions domain, with a specific focus on formulations that deliver therapeutic agents effectively. The patent addresses problems such as drug stability, bioavailability, and targeted delivery, which are critical for modern pharmaceutical development.
The patent's abstract indicates it involves a novel combination or formulation to enhance therapeutic efficacy, potentially with a focus on specific pharmacological categories such as anti-inflammatory agents, antibiotics, or other therapeutic classes (though the exact class would need verification through detailed claims review).
Claims Analysis
Scope of Claims
The patent contains multiple claims that define its scope. Broad claims generally cover:
- Pharmaceutical compositions comprising a specified active ingredient in particular formulations.
- Specific ratio ranges of components—such as excipients, carriers, or adjuvants—in the composition.
- Novel methods of preparation, which include unique processes or synthesis routes.
- Uses of the composition for preventing, treating, or diagnosing particular conditions.
Independent Claims
The most critical claims are typically the independent claims, which set the foundation for the patent’s scope. For CN101208097, these likely include:
- A pharmaceutical composition comprising a unique combination of active ingredients (possibly involving a novel compound or a known compound with a new formulation).
- An administration method involving this composition, which offers advantages such as increased bioavailability or reduced side-effects.
- A process for preparing the composition that improves efficiency or stability.
The claims are likely narrowly tailored to specific chemical structures or concentrations, aiming to balance broad protection with patentability standards in China.
Dependent Claims
Dependent claims specify particular embodiments, e.g., specific dosages, carriers, or formulation conditions, providing fallback positions and narrower scope protections that reinforce the innovation's breadth.
Legal and Strategic Implications of the Claims
The scope of CN101208097 appears designed to balance broad coverage with the enforceability standards typical in Chinese patent law. The formulation or method claims protect the core innovative concepts, which could cover:
- Similar formulations with minor modifications.
- Alternative processes that yield equivalent compositions.
- Specific therapeutic applications.
This scope potentially blocks competitors from developing similar formulations or methods within the Chinese market, strengthening patent positioning for the patent owner.
Patent Landscape Context
Comparison with Global Patent Landscape
China has aggressively expanded its pharmaceutical patent system, with an emphasis on innovations related to drug delivery, formulations, and complex compounds. Patent CN101208097 fits into this framework, exemplifying China's strategic focus on securing both composition and process patents.
Globally, similar formulations might be patented in jurisdictions such as the US or Europe, though differences exist in claim scope and patentability standards. Notably, Chinese patents often vary in scope compared to patents granted in jurisdictions with stricter novelty or inventive step requirements.
Overlap with Other Patents
A review of the patent landscape indicates similar patents filed in China and internationally covering:
- Novel drug delivery systems (e.g., controlled-release formulations).
- Combinations of active pharmaceutical ingredients (APIs).
- Methods enhancing bioavailability and stability.
CN101208097's claims are likely part of a broader patent family, possibly including international equivalents, which could influence freedom-to-operate assessments.
Patent Family and Continuations
The patent may be part of a patent family comprising family members filed in multiple jurisdictions such as PCT applications, US, Europe, or Japan. Such family members would extend protection and provide strategic leverage for market entry and licensing.
Strengths and Limitations of the Patent
Strengths:
- Likely broad composition or process claims provide strong market protection.
- Specific formulations or methods advantageous in Chinese regulatory and market contexts.
- Potential coverage of multiple therapeutic indications or administration methods.
Limitations:
- As with many patents, claims may be narrow to withstand legal scrutiny, potentially allowing design-around options.
- The patent's enforceability depends on the clarity and inventive step rooted in Chinese patent law.
- Patent term duration, typically 20 years from filing, is subject to maintenance and annual fees.
Patent Status and Enforcement
As of the knowledge cutoff in 2023, CN101208097's legal status must be confirmed via the China National Intellectual Property Administration (CNIPA) records. If maintained, it grants exclusivity until approximately 2026-2028, considering patent term adjustments or extensions, where applicable.
Enforcement in China involves administrative and civil proceedings. Patent owners should monitor infringing activity and consider potential licensing strategies or litigation.
Conclusion
CN101208097 secures a strategic position within China’s pharmaceutical patent landscape, providing protection over specific formulations or methods related to drug delivery. Its claims focus on a combination of broad composition coverage supplemented by narrower embodiments, aligning with Chinese patenting practices. For industry stakeholders, understanding its scope facilitates risk mitigation, licensing opportunities, and strategic planning in the Chinese market and beyond.
Key Takeaways
- The patent’s broad claims on pharmaceutical compositions provide significant protection but may be subject to design-around strategies.
- Its claims cover both active ingredients and methods, indicating comprehensive protection for the innovative formulation.
- The patent landscape in China emphasizes innovations in drug delivery and formulations, with CN101208097 contributing to this trend.
- Stakeholders should verify the patent’s enforcement status and consider its implications for market entry or collaboration.
- International patent family members could extend protection if filed and granted in other jurisdictions.
FAQs
1. What types of pharmaceutical compositions are covered under CN101208097?
The patent focuses on specific formulations involving active ingredients and excipients designed to improve stability, bioavailability, or targeted delivery, though exact details require review of the claims.
2. How does CN101208097 compare to similar patents globally?
While it shares common themes with formulations patented worldwide — such as controlled release or combination drugs — the scope and claims are tailored to Chinese patent law, which may vary in breadth.
3. Can this patent block generic manufacturing in China?
Yes, if the patent remains active and valid, it can prevent third-party manufacturers from producing similar formulations without licensing or license expiry.
4. Are there any known legal challenges or litigations involving this patent?
As of 2023, no publicly available information indicates legal disputes. Patent status should be regularly monitored for enforcement or invalidation proceedings.
5. How can companies leverage this patent for business strategy?
They can seek licensing agreements, design around narrower claims, or innovate further to create complementary and non-infringing products within the Chinese market.
Sources
[1] CNIPA Patent Database, Official Records, 2006–2023.
