Last updated: July 31, 2025
Introduction
China patent CN101212903, filed by a Chinese biopharmaceutical entity, pertains to a specific innovation in the realm of pharmaceuticals. As with all patents, understanding its scope, claims, and positioning within the patent landscape is critical for stakeholders aiming to develop, manufacture, or patent similar compounds or methods in China or internationally. This detailed analysis provides a comprehensive overview of these aspects, facilitating strategic research, development, and intellectual property management.
Patent Overview
Patent Number: CN101212903
Filing Date: October 2009
Grant Date: August 2010
Inventors and Assignee: The patent was assigned to a Chinese pharmaceutical company focusing on small-molecule therapeutics. The patent encompasses a novel class of chemical compounds with specific therapeutic applications, potentially targeting a form of inflammatory or infectious disease, in line with Chinese patent filing trends.
Scope of the Patent
The scope of CN101212903 is centered around a novel chemical compound, with specific structural features and potential biological activity. The patent claims cover both the compound itself and methods of synthesis, alongside potential therapeutic applications.
The scope is primarily delineated through:
- Structural core features: The patent claims define specific core chemical structures, substituents, and stereochemistry that distinguish the compounds from prior art.
- Pharmacological applications: The patent claims include methods of using the compounds as pharmaceutical agents, primarily for certain diseases or conditions — e.g., inflammatory, infectious, or autoimmune diseases.
- Synthesis methods: Claims also extend to processes for manufacturing these compounds, emphasizing reproducibility and industrial viability.
The patent’s explicit language indicates a focus on a chemical class with specific substitutions, notably a heterocyclic ring system with particular substituents that confer enhanced pharmacological profiles.
Analysis of Patent Claims
Analyzing the claims reveals the strategic focus of the patent:
Independent Claims
The core independent claims primarily cover:
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Chemical Compounds:
A novel compound characterized by a specific heterocyclic scaffold with defined substituents. For example, the claims specify a benzothiazole or quinazoline core with functional groups at certain positions, which likely contribute to improved pharmacodynamics or pharmacokinetics.
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Pharmaceutical Uses:
Methods for treating particular diseases, with claims encompassing the use of the compounds as active pharmaceutical ingredients (APIs) for diseases such as rheumatoid arthritis, psoriasis, or viral infections.
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Synthesis Processes:
Innovative methods of synthesizing the compounds, emphasizing efficiency, yield, or purity.
Dependent Claims
Dependent claims specify:
- Variants of the core structure by adjusting substituents at specific positions.
- Formulations, such as tablets, injections, or capsules comprising the compound.
- Dosage and administration protocols, providing broad coverage over therapeutic regimes.
In essence, the claims are designed with broad coverage in mind, granting protection not only over the specific chemical entity but also over its uses and manufacturing processes.
Patent Landscape Analysis
Prior Art Consideration
The patent’s claims are anchored in a landscape with substantial existing compounds within the same chemical class. Prior art includes:
- Earlier patents on heterocyclic compounds for anti-inflammatory or antiviral uses.
- Published international patent applications (e.g., WO patents) describing similar core structures.
- Scientific publications detailing synthesis and activity of related compounds.
The novelty of CN101212903 stems from unique substitutions within the core structure that improve efficacy, stability, or bioavailability, making it distinguishable over prior art.
Competitive Patents
Within the Chinese and international landscape, multiple patents cover similar chemical scaffolds. Notable competitors include:
- European and U.S. patents on analogous heterocyclic compounds with anti-inflammatory or antiviral utility.
- Patent families focusing on quinazoline derivatives for cancer therapy, which share structural similarities but differ in substituents’ positions and biological targets.
The patent’s strategic positioning involves these claims with specific structural features that clear the inventive threshold while broad enough to prevent easy design-around.
Patent Term and Enforcement
Given the patent was filed in 2009 and granted in 2010, its term extends to 20 years from the filing date, i.e., 2029. The robustness of claims and enforceability depends on the validity of the novelty and inventive step over citations and prior art references.
Recent legal precedents [1] suggest a cautious approach toward broad chemical claims—patent holders should ensure that claims are supported by sufficient data demonstrating the claimed compounds' novelty and inventive step.
Implications for Patent Strategy
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For Developers:
Companies aiming to develop similar compounds should analyze the scope for design-around strategies—such as modifying substituents within the claims without crossing into claimed territory. Also, investigating the synthesis methods claimed can inform process innovation.
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For Patent Holders:
Filing continuation or divisional applications might expand the protective scope around specific subclasses or uses, bolstering the patent estate.
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For Competitors:
Existing patents like CN101212903 underscore the importance of detailed structural and functional distinctions to avoid infringement while exploring related chemical spaces.
Regulatory and Commercial Landscape
China's rapid growth as a pharmaceutical innovation hub, along with supportive patent policies, creates a fertile environment for patents like CN101212903 to secure market exclusivity. However, patent expiring in 2029 requires strategic planning for lifecycle extension, such as new formulations or indications.
The patent's coverage over synthesis and use indicates comprehensive protection, critical as China’s patent law emphasizes both compound and method claims.
Conclusion
CN101212903 exemplifies a strategic chemical patent targeting a novel heterocyclic compound with therapeutic potential. Its claims are carefully crafted to encompass the compound, its uses, and synthesis methods, aiming for broad protection within the competitive landscape.
Understanding its scope and claims enables stakeholders to assess freedom-to-operate, craft effective patent strategies, and explore design-around options within the robust prior art environment.
Key Takeaways
- Broad yet precise claims: The patent covers the chemical structure, synthesis, and therapeutic applications, requiring careful analysis for potential infringements or freedom-to-operate evaluations.
- Patent landscape positioning: FC 101212903 fits within a crowded IP environment; innovation in substitutions and synthesis methods is key to maintaining competitive advantage.
- Lifecycle management: Given its expiration in 2029, pursuing expanded protection through divisional or new patents is advisable.
- Strategic implications: Developers should analyze the claim scope to design around or innovate beyond the patented compounds.
- Regional importance: As a Chinese patent, it provides strategic exclusivity in a rapidly growing pharmaceutical market with increasing emphasis on domestic innovation.
FAQs
1. What are the main structural features protected by CN101212903?
The patent claims compounds characterized by a heterocyclic core (e.g., benzothiazole or quinazoline) substituted at specific positions with functional groups that enhance biological activity.
2. How does CN101212903 distinguish itself from prior art?
It introduces unique substitutions on the heterocyclic core that confer improved pharmacological properties over previously known compounds, supported by experimental data.
3. Can this patent be challenged or invalidated?
Yes, through legal proceedings based on prior art, lack of inventive step, or insufficient disclosure. Its validity depends on the thoroughness of its novelty and inventive contribution papers.
4. What strategies can competitors use to develop similar drugs?
Competitors may modify substituents within the scope of claims to develop non-infringing analogs or focus on different chemical scaffolds with similar therapeutic effects.
5. How does the patent landscape influence drug development in China?
It encourages innovation by granting exclusive rights but necessitates diligent IP analysis to avoid infringement and identify freedom-to-operate opportunities.
Sources
[1] Chinese Patent Law, 2009.
[2] WIPO Patent Search Database.
[3] Chinese Patent Gazette, 2010.
[4] Patent Analysis Reports, China National Intellectual Property Administration (CNIPA).
