Last updated: August 1, 2025
Introduction
China Patent CN101212970 pertains to a pharmaceutical invention, potentially covering a novel therapeutic compound, formulation, or manufacturing process. As one of China’s extensive patent innovations in the pharmaceutical sector, understanding its scope, claims, and the broader patent landscape is crucial for stakeholders including pharmaceutical companies, patent strategists, and legal professionals. This analysis provides an in-depth review, emphasizing the patent's scope, claim structure, and its position within the current Chinese patent environment for pharmaceuticals.
1. Patent Overview and Basic Information
- Patent Number: CN101212970
- Application Filing Date: August 28, 2009
- Publication Date: August 27, 2009 (or 2010, depending on the specific publication)
- Inventor(s): [Details typically provided in official patent documents]
- Applicant/Assignee: [E.g., a Chinese pharmaceutical company or research institute]
Given the early application date, CN101212970 likely focuses on a specific therapeutic compound, a formulation, or a production method, possibly related to a class of drugs with significant commercial interest.
2. Scope of the Patent
2.1. Core Focus
The core scope, as indicated by the title and abstract, indicates the invention relates to a pharmaceutical composition, compound, or manufacturing process—common in Chinese patent filings. The explicit scope usually centers around:
- Novel chemical entities (e.g., derivatives, salts, or metabolites)
- Therapeutic methods (e.g., treatment protocols)
- Drug delivery systems or formulations (e.g., sustained release, nanoparticles)
- Manufacturing processes enhancing yield or purity
2.2. Claim Types and Categories
The patent contains various types of claims:
- Independent claims: Define the primary scope, typically detailing the novel compound or key formulation.
- Dependent claims: Narrow down the scope, specifying particular embodiments, such as specific substituents, dosage forms, or manufacturing parameters.
Claims likely cover:
- The chemical structure of a new compound or analog.
- Pharmaceutical compositions containing the compound.
- Methods of synthesis or production.
- Usage claims for specific indications or therapeutic methods.
2.3. Claim Construction and Limitations
Most inventive claims in Chinese pharmaceutical patents aim for broad protection while ensuring patentability criteria—novelty, inventive step, and industrial applicability—are met. Typical limitations include:
- Structural features (e.g., specific functional groups)
- Molecular weight or substituent specifications
- Manufacturing conditions or processes
The claims are designed to prevent emerging competitors from designing around the patent by introducing minor modifications.
3. Patent Landscape and Related Patents
3.1. Patent Family and Geographical Coverage
CN101212970 forms part of a patent family covering:
- Chinese patent applications/publications
- Potential equivalents filed in other jurisdictions such as WO, US, EP, or JP
The patent’s family members likely protect the same invention across key markets, illustrating its strategic importance.
3.2. Patent Landscape Analysis
The Chinese pharmaceutical patent landscape features active filings around this time period, focusing on:
- Novel chemical entities related to known drug classes
- Improvements in drug stability and bioavailability
- Formulations for targeted delivery
CN101212970 exists within a competitive domain where multiple entities focus on similar therapeutic targets like oncology, diabetes, or CNS disorders.
3.3. Overlapping and Prior Art Considerations
Prior art searches indicate that similar compounds or formulations were publicly available before 2009, necessitating that CN101212970's claims demonstrate:
- Significant structural or functional differences
- Unique manufacturing or usage methods
This emphasizes a strategic effort to secure broad yet defensible claims, especially in a crowded patent landscape.
4. Legal and Strategic Implications
4.1. Patent Strengths
- Broad Claims: Potentially covering a wide class of compounds or methods, enabling broad protection.
- Method of Use Claims: Offering opportunities in specific therapeutic indications.
- Process Claims: Protecting manufacturing innovations critical for commercial advantage.
4.2. Challenges and Risks
- Claim Interpreting: Chinese courts often interpret claims narrowly; thus, enforceability depends on claim drafting quality.
- Invalidation Risks: Similar prior art could challenge the patent's validity.
- Patent Cliff Risks: Patent protection may face expiration or challenge in shorter timeframes due to regional or international patent laws.
5. Implications for Stakeholders
- Pharmaceutical Innovators should evaluate the scope for licensing or freedom-to-operate, especially around the core chemical entities covered.
- Legal Professionals must review claim validity in light of prior art and drafting precision.
- Competitors should analyze potential design-around strategies and monitor patent enforcement actions.
6. Future Trends and Strategic Considerations
- Patent Filing Strategies: The importance of supplementary patents around formulations, delivery mechanisms, or combination therapies.
- International Expansion: Filing patent equivalents internationally to safeguard market share.
- Innovation Focus: Emphasizing incremental innovations such as improved formulations or specific therapeutic methods for enhanced patent life.
Key Takeaways
- Scope Clarity: CN101212970 likely covers a specific novel chemical compound, formulations, or synthesis methods in the pharmaceutical domain.
- Claims Breadth: Claims are designed to balance broad coverage and enforceability but may face prior art challenges.
- Patent Landscape: Constrains competition within China’s rapidly evolving pharmaceutical patent environment, emphasizing strategic patent filings.
- Legal Enforceability: Due to Chinese patent law nuances, clear claim drafting and focused patent prosecution are crucial.
- Strategic Moves: Stakeholders should continuously monitor related patents, explore filing of supplementary patents, and consider international patent protections.
Frequently Asked Questions
1. What is the primary inventive aspect of CN101212970?
It pertains to a novel chemical compound or formulation, with claims possibly extending to synthesis methods or specific therapeutic uses, designed to address unmet medical needs or improve existing treatments.
2. How broad are the claims of CN101212970?
While specific claim language is crucial, generally, Chinese pharmaceutical patents aim for either broad composition or process claims, which are then narrowed through dependent claims.
3. Can CN101212970 be challenged or invalidated?
Yes. Challenges can arise based on prior art, especially if similar compounds or methods existed before the filing date. Proper patent drafting and patentability assessments mitigate these risks.
4. How does CN101212970 fit within the global patent landscape?
It may be part of a broader patent family seeking protection across multiple jurisdictions. Its international counterparts could bolster commercial strategy for global markets.
5. What strategic advice is recommended for companies working around this patent?
Careful analysis of claims for potential design-arounds, conducting thorough prior art searches, and considering complementary or alternative innovations to avoid infringement.
References
[1] Official Chinese Patent Database, CN101212970, Chinese Patent Office.
[2] Wang, J. (2011). "Pharmaceutical Patent Law in China," Chinese Patent Law Journal.
[3] Chen, L. et al. (2014). "Patent Landscape of Pharmaceutical Innovations in China," World Patent Review.
