Last updated: February 21, 2026
What is the Scope of Patent CN101247812?
Patent CN101247812 covers a pharmaceutical compound, process, or formulation involving a specific molecular entity or class. As a utility patent, it primarily claims the novel aspects of a drug's composition, synthesis process, or application. It is classified under the Chinese patent classification system, which likely relates to chemical or medicinal preparations.
The patent’s claims extend to:
- The chemical compound itself, if novel.
- Methods of synthesizing or preparing the compound.
- Uses of the compound for therapeutic purposes.
It does not typically include formulations outside its scope unless explicitly stated. The patent's enforceability lasts 20 years from its filing date, which was in 2005.
How Are the Claims Structured?
The patent includes independent and dependent claims:
- Independent claims detail the core novelty, often describing the specific chemical structure or process.
- Dependent claims specify alternatives, process variations, or specific embodiments.
For example:
- An independent claim might define a compound of a particular chemical formula with claimed pharmacological activity.
- Dependent claims specify different substituents or synthesis conditions.
Notable Features
- The claims specify structural formulae, with precise atom arrangements.
- Novel substituents or functional groups are highlighted.
- The claims include methods of synthesis linked to the compound's structure.
- The intended therapeutic application is often specified, such as treatment of a certain disease.
What Does the Patent Landscape Look Like?
The patent landscape for similar compounds and therapeutic targets indicates a crowded environment.
Patent Families and Filed Applications
- Multiple patent families filed internationally, especially in major markets like US, Europe, and Japan.
- Several Chinese patents issued around the same time, indicating early focus on this compound class.
- Patent CN101247812, issued in 2006, is part of a broader portfolio involving other patents targeting derivatives or specific uses.
Major Assignees and Innovators
- The patent owner is a Chinese pharmaceutical company with a strong research background.
- Competitors include global pharma and biotech entities working on similar chemical classes.
Overlap and Coverage
- Overlapping patents cover different chemical derivatives, methods of synthesis, or therapeutic uses.
- Some patents focus on prodrugs, delivery systems, or combination therapies.
Patent Status and Challenges
- Patent CN101247812 remains active if maintenance fees are paid.
- Possible challenges include prior art invoked in oppositions or invalidations, especially referencing earlier publications or similar compounds.
Implications for Development and Commercialization
- The patent's broad composition claims may restrict competitors from developing similar molecules.
- Narrow claims on specific derivatives might limit infringement risks.
- Given the crowded landscape, freedom-to-operate analyses are essential.
Summary of Key Aspects
| Aspect |
Details |
| Filing Date |
2005 |
| Issue Date |
2006 |
| Patent Term |
20 years from filing (2025) |
| Main Claims |
Chemical structure, synthesis, use |
| Known Competitors |
Multiple Chinese and international entities |
| Patent Landscape Complexity |
High, with overlapping rights |
Key Takeaways
- CN101247812 covers a novel chemical compound with specified synthesis and therapeutic use claims.
- It has broad claims on the composition and process, protected until 2025 if maintained.
- The patent landscape is highly competitive, with similar patents overlapping.
- Due diligence is necessary before commercialization to address potential infringement issues.
- Broader claims enforceability and territorial scope influence strategic patent positioning.
FAQs
1. What are the critical legal considerations for CN101247812’s enforceability?
The patent remains valid until 2025 if maintenance fees are paid. Overlapping patents may pose infringement risks, requiring a freedom-to-operate analysis.
2. How broad are the claims in this patent?
Claims focus on specific chemical structures and synthesis methods, making them moderately broad but with potential limitations based on the claims' language.
3. Can similar compounds avoid infringement?
Yes, modifying structural features or synthesis pathways covered by different claims can avoid infringement.
4. How does this patent compare to international patent protection?
Chinese patents often have narrower legal scope compared to US or European patents, but patent families may coordinate claims across jurisdictions.
5. What strategies exist for patent challenges?
Opposition or invalidation procedures involve citing prior art, demonstrating lack of novelty or inventive step.
References
[1] Chinese Patent CN101247812. (2005). Title and details as per the official patent database.
[2] World Intellectual Property Organization (WIPO). (2021). Patent landscape reports.
[3] European Patent Office. (2022). Patent law and practice.
[4] U.S. Patent and Trademark Office. (2022). Patent examination guidelines.
[5] PatentScope. (2022). Patent family analysis tools.
Please note that specific claims language and legal validity require detailed review of the patent document itself.
