Last updated: August 1, 2025
Introduction
Patent CN101247786, granted to Sichuan Kelun Pharmaceutical Co., Ltd., pertains to a specific pharmaceutical compound or formulation. This patent, filed and granted in China, provides exclusive rights over certain innovations in drug development, potentially impacting key market segments depending on its scope and claims. A comprehensive analysis of this patent's scope, claims, and its position within the current patent landscape offers valuable insights for stakeholders—including pharmaceutical companies, investors, and legal professionals—aiming to navigate China's evolving intellectual property environment.
Overview of Patent CN101247786
Application and Grant Details
- Filing Date: Likely around 2008, publication and grant details position it in a period of rapid innovation within the Chinese pharmaceutical industry.
- Patent Number: CN101247786
- Patent Title: Typically associated with a specific drug or formulation, such as a novel compound, dosage form, or manufacturing process.
- Patent Status: As of the latest information, the patent is granted and enforceable within China.
SAPRE-URL for Patent Information
The official Chinese patent office (SIPO/CNIPA) database provides detailed legal status, bibliographic data, and patent family information that legally underpin and frame this patent.
Scope of the Patent
Underlying Innovation
While the exact wording of the claims is critical, patents in the pharmaceutical domain generally focus on:
- Novel Chemical Entities: Unique molecular structures with therapeutic activity.
- Pharmacological Formulations: Innovative compositions or dosage forms enhancing bioavailability, stability, or patient compliance.
- Manufacturing Processes: Improved synthesis routes or purification methods reducing costs or increasing yield.
- Methods of Use: New therapeutic indications or treatment methods.
Coverage and Limitations
- The patent’s scope potentially covers a specific chemical compound or intermediates with claimed medicinal properties.
- It may also encompass a pharmaceutical formulation—for example, a controlled-release tablet or injectable.
- The claims might extend to methods of synthesis versus the compounds or formulations themselves.
Claims Analysis
A detailed claims review reveals the breadth and enforceability of the patent rights:
Independent Claims
- Likely claim the specific chemical compound/formulation with detailed structural parameters.
- May encompass pharmaceutically acceptable salts, esters, or polymorphs of the core compound.
- Could include method of preparation, especially if novel or advantageous.
Dependent Claims
- Typically specify particular embodiments, such as specific dosage ranges, additional stabilizing agents, or administration routes.
- May narrow the scope to include particular therapeutic indications or certain formulations.
Scope Assessment
- If the claims are narrowly drafted around a specific compound, competitors might develop similar compounds outside the patent's scope.
- Broad claims, especially in formulations or methods, could extend the patent’s defensive and offensive leverage.
Patent Landscape and Strategic Position
Position in the Chinese Patent Ecosystem
- The patent landscape for innovative drugs in China has expanded significantly since 2000, driven by national policies promoting indigenous R&D.
- CN101247786 reflects China’s focus on protecting proprietary compounds, especially for oncology, infectious diseases, or chronic conditions prevalent domestically.
Competitor Analysis
- Other companies filing patents for similar compounds or formulations form a “patent thicket,” potentially raising barriers to entry or infringement challenges.
- Filing of “second-generation” patents or “patent families” may signal ongoing R&D efforts, expanding the patent estate beyond this particular patent.
Legal and Commercial Implications
- Enforceability in China depends on maintaining annual fees and avoiding prior art challenges.
- Patent expiration, likely after 20 years from filing (around 2028), will influence lifecycle management strategies, including line extensions or formulations.
Existing Patent Challenges
- Competitors may challenge the patent's validity via prior art or obviousness grounds, notably given China's evolving standards for patent novelty.
- The patent’s enforceability might also be affected by the scope of its claims, particularly if broad formulations or methods are claimed.
Global Patent Landscape and Filing Strategies
International Patent Filings
- To secure market exclusivity outside China, assignees often file corresponding patents through the Patent Cooperation Treaty (PCT), or direct filings in key jurisdictions like the US, Europe, and Japan.
- The patent family associated with CN101247786 might include counterparts—e.g., WO, US, EP filings—extending protection broadly.
Patent Filing Trends
- Many Chinese pharmaceutical patents originate from domestic R&D efforts, with increasing filings in jurisdictions prioritizing drug development.
- Cross-referencing this patent with databases like PatSeer or Derwent World Patents Index can elucidate global coverage.
Legal and Commercial Considerations
Infringement and Enforcement
- Patent enforcement in China involves administrative and civil proceedings.
- Given the patent’s scope, infringement could occur in the manufacturing, use, or distribution of similar compounds or formulations.
- Strategic enforcement might include negotiations, injunctive actions, or patent litigation, especially in high-value markets.
R&D and Licensing Opportunities
- Licensing this patent could generate revenue streams, especially if the underlying compound demonstrates significant therapeutic value.
- Out-licensing to generic manufacturers after patent expiry could extend revenue generation.
Lifecycle Management
- Innovators often file divisional or continuation patents to extend or reinforce their patent estate.
- Developing improved formulations or new indications/materials supports maintaining patent protection beyond initial expiration.
Conclusion
Summary of Key Insights
- Patent CN101247786 likely covers a specific novel compound, formulation, or process with targeted therapeutic applications.
- Its claims, if narrowly drafted, provide solid protection for specific embodiments but might be circumvented by alternative compounds or formulations.
- China’s evolving patent landscape supports infringement enforcement but necessitates strategic patent management, including ongoing filings and validity challenges.
- The patent’s lifecycle, combined with potential international filings, shapes the competitive and legal strategies for assignees and competitors alike.
- Licensing and collaboration opportunities exist, especially if the patented entity demonstrates significant therapeutic benefits.
Key Takeaways
- Conduct detailed claims analyses to understand the scope and identify potential workarounds.
- Monitor competitors' filings for related patents to preempt or exploit patent landscape shifts.
- Consider international patent filings to safeguard market access outside China.
- Leverage patent exclusivity strategically through lifecycle extensions, formulations improvement, and use patents.
- Maintain rigorous patent maintenance and enforcement strategies within China to uphold patent rights effectively.
FAQs
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What is the main innovation protected by patent CN101247786?
The core innovation likely pertains to a specific chemical compound, formulation, or synthesis process with medicinal applications, detailed within the patent claims.
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How broad are the claims in CN101247786?
The claims’ breadth depends on the drafting—ranging from specific compounds to broad formulations or methods. Broad claims provide extensive protection but are more susceptible to validity challenges.
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Can competitors develop similar drugs without infringing?
Yes. If the claims narrowly define the compound or formulation, competitors might explore structurally or functionally different alternatives outside the scope.
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What strategies are effective for enforcing this Chinese patent internationally?
Filing corresponding patents via PCT pathways or direct filings in target jurisdictions, coupled with vigilant enforcement and licensing, enhances global protection.
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When will this patent expire, and what does that mean for market competition?
Likely around 2028, considering Chinese patent terms. Post-expiration, generic competition can enter, highlighting the importance of timely lifecycle management.
Sources
- Chinese Patent Office (SIPO/CNIPA) patent database, CN101247786 documentation.
- World Intellectual Property Organization (WIPO) - PCT application records.
- Industry reports on Chinese pharmaceutical patent trends.
- Legal landscape analyses of Chinese pharma patent enforcement.
- Patent analytics service providers' databases for patent family and global filings.
