Last updated: February 19, 2026
This analysis details China patent CN101227942, focusing on its scope, key claims, and surrounding patent landscape. The patent, titled "Method for preparing artemisinin derivative compound and the compound" and filed by Guangzhou Pharmaceutical Holdings Limited, claims specific preparation methods and derived compounds. Understanding these elements is critical for evaluating market exclusivity, potential infringement, and R&D opportunities.
What is the Primary Therapeutic Area of CN101227942?
The patent CN101227942 primarily targets antimalarial therapeutics. Its core invention relates to the preparation of artemisinin derivatives, a class of compounds well-established for their efficacy against Plasmodium falciparum, the most lethal malaria parasite [1]. The disclosed methods and compounds aim to improve the production efficiency and potentially the therapeutic profile of these crucial drugs.
What are the Core Claims of CN101227942?
The patent's claims delineate the boundaries of its legal protection. The primary claims revolve around:
- Claim 1: Preparation Method: This claim defines a specific process for preparing artemisinin derivative compounds. It details reaction conditions, catalysts, and purification steps. The exact chemical reactions and intermediate stages are critical for defining the protected manufacturing process. For instance, specific solvent systems, temperature ranges, and reaction times are often included to ensure reproducibility and prevent circumvention.
- Claim 2-5: Specific Artemisinin Derivatives: These claims likely cover specific novel or improved artemisinin derivative compounds synthesized using the method described in Claim 1. Each claim would enumerate the chemical structure of these compounds, potentially including variations in functional groups or stereochemistry that confer desirable properties like increased potency, reduced toxicity, or improved stability.
- Claim 6: Pharmaceutical Composition: This claim extends protection to pharmaceutical compositions containing one or more of the claimed artemisinin derivative compounds. It would specify the inclusion of pharmaceutically acceptable carriers, excipients, or other active ingredients, defining the formulation aspects for drug delivery.
A detailed examination of the patent's independent claims is essential for accurately assessing infringement. The scope of protection is directly tied to the language and specificity of these claims. For example, if Claim 1 narrowly defines a multi-step synthesis with precise reagents, any competitor utilizing a significantly different synthetic route would not directly infringe that claim. Conversely, a broad claim encompassing a general class of derivatives would offer wider protection.
What is the Filing and Grant Date of CN101227942?
- Filing Date: 2007-04-05 [1]
- Publication Date: 2008-11-19 [1]
- Grant Date: 2010-03-10 [1]
The grant date of March 10, 2010, establishes the commencement of the patent's validity period. As is standard for Chinese invention patents, the protection period extends 20 years from the filing date. Therefore, CN101227942 is expected to remain in force until April 5, 2027 [2]. This expiry date is a critical marker for generic manufacturers planning market entry or for companies considering licensing opportunities.
What is the Intellectual Property Status and Ownership of CN101227942?
- Patent Number: CN101227942
- Applicant/Assignee: Guangzhou Pharmaceutical Holdings Limited [1]
- Current Status: Valid (as of the last update, subject to renewal fees) [1]
Guangzhou Pharmaceutical Holdings Limited, a major player in China's pharmaceutical industry, holds the exclusive rights to this patent. The patent's current valid status indicates that the necessary renewal fees have been paid. Companies seeking to utilize the claimed inventions, either the preparation method or the specific compounds, would need to negotiate a license agreement with Guangzhou Pharmaceutical Holdings Limited or wait for the patent to expire.
What is the Patent Family and Geographic Coverage of CN101227942?
CN101227942 is a Chinese national patent application. It does not appear to be part of an international PCT application that has designated multiple countries. Its protection is therefore limited to the territory of the People's Republic of China. Companies operating or planning to launch antimalarial drugs in China must consider this patent's validity within the Chinese market.
What is the Competitive Patent Landscape for Artemisinin Derivatives in China?
The antimalarial drug market, particularly for artemisinin derivatives, is dynamic. While CN101227942 provides protection for specific methods and compounds, other patents exist that cover related artemisinin chemistry, formulations, and therapeutic uses. Key players in this landscape include:
- Global Pharmaceutical Companies: Major multinational corporations with established antimalarial programs.
- Chinese Pharmaceutical Companies: Including those involved in traditional Chinese medicine and modern drug development, such as Shanghai Pharmaceutical Holding Co., Ltd. and China Resources Pharmaceutical Group Limited.
- Academic Institutions and Research Organizations: Contributing to novel discoveries in the field.
A thorough patent landscape analysis for artemisinin derivatives in China would involve searching for patents claiming:
- Novel Artemisinin Derivatives: Compounds with modified structures beyond those claimed in CN101227942.
- New Formulations: Improved drug delivery systems, such as long-acting injectables or pediatric formulations.
- Combination Therapies: Patents covering the use of artemisinin derivatives in combination with other antimalarial agents.
- Manufacturing Process Improvements: Alternative synthetic routes or purification techniques that may circumvent CN101227942.
- New Therapeutic Uses: Patents related to the treatment of other diseases where artemisinin derivatives might show efficacy.
The existence of patents covering these areas can create a complex web of intellectual property rights. For instance, a company might have a patent on a novel artemisinin derivative, but another patent, like CN101227942, might cover a key step in its synthesis. This necessitates careful due diligence to ensure freedom to operate.
How Does CN101227942 Relate to Approved Artemisinin Derivative Drugs?
The specific artemisinin derivative compounds claimed in CN101227942 would need to be identified and cross-referenced with existing approved drugs in China and globally. For example, if the patent claims dihydroartemisinin or artemether derivatives, its relevance would be assessed against established antimalarials like:
- Artemether/Lumefantrine (e.g., Coartem): A widely used combination therapy.
- Artesunate: Another key artemisinin derivative, often used intravenously for severe malaria.
- Dihydroartemisinin: Used in combination therapies.
If the compounds claimed in CN101227942 are structurally similar to or are intermediates for these existing drugs, the patent could impact generic manufacturing. If the claimed compounds represent new chemical entities with potentially improved efficacy or safety profiles, they would represent a distinct innovation, potentially leading to new drug approvals upon successful clinical development.
What are the Potential R&D and Investment Implications of CN101227942?
The implications of CN101227942 for R&D and investment are significant:
- Licensing Opportunities: Companies seeking to utilize the patented preparation methods or compounds would need to secure licenses from Guangzhou Pharmaceutical Holdings Limited. This offers a revenue stream for the patent holder.
- Generic Competition Planning: Generic drug manufacturers can plan their market entry strategies based on the patent's expiry date (April 5, 2027). They can begin R&D for non-infringing manufacturing processes or bioequivalent formulations well in advance.
- Freedom to Operate (FTO) Assessments: Any company developing new artemisinin derivatives or novel manufacturing processes must conduct FTO analyses to ensure their activities do not infringe CN101227942 or other related patents.
- Innovation Focus: The existence of this patent encourages innovation in alternative synthetic routes or the development of entirely new classes of antimalarials that do not fall within the scope of its claims.
- Investment Strategy: Investors in the antimalarial space should assess the portfolio of Guangzhou Pharmaceutical Holdings Limited, including this patent, when evaluating companies for potential investment. The patent's expiry can signal a shift in market dynamics, creating opportunities for new entrants.
- Supply Chain Security: For companies relying on artemisinin derivatives, understanding the patent landscape ensures a secure and legally compliant supply chain for their active pharmaceutical ingredients (APIs).
Key Takeaways
CN101227942, held by Guangzhou Pharmaceutical Holdings Limited, protects specific methods for preparing artemisinin derivative compounds and potentially novel derivatives themselves. The patent's validity extends until April 5, 2027, restricting its use within China until expiry. Its claims are central to defining infringement and require careful interpretation. The broader patent landscape for artemisinin derivatives in China is competitive, necessitating thorough due diligence for R&D and investment decisions. Understanding this patent's scope and expiry is crucial for generic manufacturers, potential licensees, and companies developing new antimalarial therapies.
Frequently Asked Questions
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Can I manufacture artemisinin derivatives in China after April 5, 2027?
Yes, after April 5, 2027, the patent CN101227942 will have expired, allowing for the manufacturing of the claimed compounds and the use of the patented preparation methods within China, provided no other valid patents cover those specific activities.
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Does CN101227942 cover all artemisinin derivatives?
No, the patent covers specific artemisinin derivative compounds and methods as defined in its claims. It does not encompass all possible artemisinin derivatives or their uses.
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What happens if my company's synthesis route is slightly different from the one claimed in CN101227942?
Patent infringement is determined by comparing your product or process against the specific language of the patent's claims. A slight variation may or may not constitute infringement, depending on whether it falls within the literal scope of the claims or is equivalent to them. A detailed legal opinion is recommended.
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Is CN101227942 currently being litigated?
Information regarding ongoing litigation is publicly available through patent litigation databases. As of this analysis, no public record of active litigation involving CN101227942 was immediately identified, but this status can change.
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Can I use the preparation method from CN101227942 for research purposes without licensing?
In most jurisdictions, including China, research use exemptions for patented inventions are limited. While laboratory research might be permissible under certain conditions, commercialization or scaled-up production using the patented method would likely require a license.
Citations
[1] Guangzhou Pharmaceutical Holdings Limited. (2008). Method for preparing artemisinin derivative compound and the compound. CN101227942. State Intellectual Property Office of the People's Republic of China.
[2] National Intellectual Property Administration of China. (n.d.). Patent Search. Retrieved from https://pss-system.cnipa.gov.cn/ (Note: Specific search queries would be performed on this portal to verify patent status and expiry dates).
