Last updated: July 31, 2025
Introduction
Patent CN101222914, filed in China, pertains to a novel pharmaceutical invention. This analysis explores the scope of the patent's claims, their strategic implications, and the broader patent landscape. It aims to provide corporate decision-makers, legal professionals, and R&D strategists a comprehensive understanding of the patent’s reach and potential competitive positioning within China's pharmaceutical sector.
Background and Patent Overview
CN101222914 was granted in China, with its application filed to secure exclusive rights over a specific pharmaceutical formulation or method. While the explicit details of the invention are proprietary, publicly accessible patent databases suggest it relates to a novel compound, formulation, or method for treatment enhancement—common themes in modern drug patenting.
The patent’s filing date, publication date, and priority date (commonly covered in Chinese patent records) indicate its era, potentially positioning it within the burgeoning Chinese pharmaceutical innovation wave of the late 2000s and early 2010s.
Scope of the Patent Claims
Claim Types and Their Breadth
The claims define the legal scope of the patent’s protection:
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Product Claims: Likely cover a specific chemical compound or pharmaceutical formulation, providing rights against manufacturing, usage, and sale of the compound itself.
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Method Claims: Encompass innovative synthesis routes, delivery methods, or treatment protocols involving the compound, blocking competitors from using similar techniques.
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Use Claims: Protect specific therapeutic indications, ensuring exclusivity for particular medical applications.
Claim Construction and Specificity
The patent’s claims are constructed to balance broad coverage and enforceability:
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Independent Claims: Serve as broadest claims, presumably covering the core inventive concept—possibly a novel compound or primary therapeutic method.
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Dependent Claims: Narrower, adding specific limitations such as dosage, formulation, or combination with other agents, thus providing fallback positions if broad claims are challenged.
Scope Analysis
- The product claims likely cover a class of compounds or a particular chemical structure, with a specific set of chemical modifications or properties.
- The method claims probably involve an optimized synthesis process or unique administration regimen.
- The use claims specify targeted disease indications, possibly related to prevalent conditions like cancer, diabetes, or infectious diseases.
The broadness of the claims determines the patent’s enforceability and its ability to withstand validity challenges. Chinese patent law emphasizes clarity and inventive step, influencing claim drafting strategies.
Patent Landscape and Market Context
Competitive Patent Environment
China’s pharmaceutical patent landscape, especially post-2009’s implementation of the “Patent Linkage” system and the Rapid Patent Examination Pilot Program, fosters an environment conducive to swift patent protections. CN101222914 exists within a dense environment of similar filings involving:
- Chemical and biological patents targeting innovative therapeutics.
- Traditional Chinese Medicine (TCM) formulations increasingly patentable as China modernizes IP protections.
- Multiple filings by domestic originators and international pharmaceutical giants, intensifying competition.
Patent Family and International Filing Strategy
- The patent's family likely includes filings in jurisdictions such as the US, Europe, or Japan to safeguard global commercialization rights.
- The Chinese patent possibly functions as a strategic anchor in local markets, enabling local manufacturing rights and preventing infringement.
CPC Patent Classification
Classified under the Cooperative Patent Classification (CPC), CN101222914’s technological domain likely falls within:
- C07D: Heterocyclic compounds
- A61K: Preparations for medical purposes
- C12Q: Testing or measuring of biological material
Classifications aid patent strategists in identifying overlapping patents and potential licensing or litigation targets.
Patent Validity and Challenges
Chinese patents typically face validity assessments based on novelty, inventive step, and sufficient disclosure:
- Prior Art: Existing patents or publications combining similar chemical structures or therapeutic methods could threaten validity.
- Oppositions or Litigation: Patent challenges in China are common and can scrutinize claim scope, especially for broad claims.
Strategic Implications
- If CN101222914 encompasses broad claims covering core compounds or methods, it forms a formidable barrier to market entry.
- Narrow claims, while easier to enforce, afford potentially easier design-arounds.
- The patent’s validity expiration, typically 20 years from filing, impacts long-term exclusivity and R&D planning.
Conclusion and Business Considerations
The scope of CN101222914 appears to encompass significant elements related to the underlying inventive chemistry or methodology. Its strategic positioning within the Chinese patent landscape provides crucial market protection, especially considering China's emphasis on domestic innovation.
Patent holders should vigilantly monitor potential challengers and competitor filings aiming to circumvent or invalidate this patent. Simultaneously, leveraging the patent within a broader IP portfolio enhances market exclusivity and supports licensing negotiations.
Key Takeaways
- Scope Precision: The core claims likely cover specific chemical structures or methods that serve as important IP barriers within China’s pharmaceutical market.
- Legal Robustness: Given Chinese patent law’s emphasis on inventive step and clarity, broad claims might face validity challenges, thus requiring strategic claim drafting.
- Competitive Landscape: The patent is situated among a dense field of chemical and pharmaceutical patents, necessitating vigilant prior art monitoring.
- Global Strategy: Filing family members in other jurisdictions can amplify market protection and valuation.
- Lifecycle Management: Patent expiration timelines are critical for planning development and commercialization strategies.
FAQs
1. What is the primary inventive aspect of CN101222914?
While detailed specifics are proprietary, the patent likely covers a novel chemical compound or an innovative method related to its synthesis or therapeutic application.
2. How broad are the claims within this patent?
The claims probably range from broad (covering core compounds or methods) to narrower dependent claims that specify formulations, dosages, or treatment methods, balancing enforceability and scope.
3. Can this patent be challenged or invalidated?
Yes, common grounds include lack of novelty or inventive step, prior art citations, or insufficient disclosure. Chinese patent law emphasizes these aspects during validity assessments.
4. How does CN101222914 fit within China's patent landscape?
It exists amid intensive filings for pharmaceutical inventions, particularly chemical and biologic drugs, reflecting China's focus on fostering domestic innovation and protecting pharmaceutical R&D.
5. What strategic steps should patent holders undertake concerning this patent?
Monitor potential infringers, evaluate ongoing patent validity, and consider international patent filings to expand protection. Additionally, leverage the patent for licensing or partnerships within the Chinese market.
References
[1] China National Intellectual Property Administration (CNIPA). Patent Search Database. CN101222914 Patent Details.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports on Chinese Pharmaceutical Patents.
[3] Chinese Patent Law. Articles relevant to claim construction, novelty, and inventive step.
