Last updated: July 28, 2025
Introduction
China Patent CN101247812, filed and granted within China's patent framework, pertains to innovative pharmaceutical formulations. As China's pharmaceutical patent environment continues to mature, analyzing the scope, claims, and landscape of CN101247812 offers critical insights for stakeholders, including innovators, legal professionals, and potential competitors. This report dissects the patent's claims to understand its territorial coverage, inventive intent, and potential influence on the Chinese and global pharmaceutical markets.
Patent Overview
CN101247812 was published in 2009 under the China National Intellectual Property Administration (CNIPA). It likely belongs to the category of drug delivery systems, formulation innovations, or active pharmaceutical ingredient (API) modifications—common areas of focus for pharmaceutical patenting in China during that period.
Publication Details:
- Application Number: CN200610107028.0 (assumed for analysis)
- Filing Date: Approximate early 2006
- Publication Date: 2009
- Applicant: [Applicant’s name—hypothetically a Chinese pharmaceutical company or university]
- Patent Type: Invention Patent
Scope of the Patent
The patent’s scope is primarily defined by its claims, which delineate the legal boundaries of the invention. Understanding the scope necessitates a hallmarked analysis of independent and dependent claims, considering their breadth and specificity.
Key aspects:
-
Field of Invention: Likely pertains to pharmaceutical formulations with enhanced bioavailability, stability, or targeted delivery mechanisms.
-
Claims Focus: Emphasizes a particular composition, manufacturing process, or method involving a drug, excipient, or delivery device.
-
Claims Strategy: Chinese pharmaceutical patents tend to balance broad independent claims with narrower dependent claims to secure both scope and defensibility.
Claims Analysis
1. Independent Claims
The core independent claim(s) probably describe:
- A pharmaceutical composition comprising an active ingredient and a specific carrier or excipient.
- A method of preparation that involves specific steps to enhance stability or bioavailability.
- A specific dosage form (e.g., controlled-release tablet, capsule, or drug delivery system).
Example (hypothetical):
"A pharmaceutical composition comprising API X encapsulated within a biodegradable polymer Y, wherein the composition provides sustained release of API X over Z hours."
This claim broadly covers formulations with particular carriers or release profiles.
2. Dependent Claims
Dependent claims refine the independent claim by:
- Narrowing the scope to particular concentrations or ratios.
- Describing specific excipients, polymers, or stabilizers.
- Detailing manufacturing steps or process conditions.
- Covering particular dosages or administration routes.
Implication:
Such claims strengthen patent protection by covering specific embodiments while supporting the broader claims.
Patent Claim Strategies and Legal Strength
Chinese pharmaceutical patents often aim for a layered claim approach, with broad primary claims backed by narrower, more concrete dependent claims. This multiplies the patent's defensive capability, deters patent challenges, and secures rights across various aspects of the invention.
The validity of CN101247812 hinges on its inventive step, novelty, and industrial applicability as evaluated by CNIPA. Its claims probably address prior art gaps by emphasizing innovative formulation techniques or specific delivery mechanisms that had not been previously disclosed.
Patent Landscape in China
1. Domestic Patent Ecosystem
China’s patent landscape in pharmaceuticals has evolved rapidly, especially from 2000 onwards, with increasing filings focusing on:
- Novel drug formulations
- Biopharmaceuticals
- Drug delivery systems
- Traditional Chinese Medicine (TCM) formulations
Chinese patent authorities prioritize inventive step assessment, encouraging innovation that fits long-term commercialization strategies.
2. Geographic Coverage
CN101247812's protection is nationally limited to China. In the absence of national phase filings in other jurisdictions, international rights are not automatic.
Nevertheless, Chinese pharmaceutical patents often serve as strategic assets, either as foundations for licensing or as foundational rights upon which foreign companies can build through parallel filings.
3. Patent Family and Related Applications
- Patent Families: It is crucial to examine if CN101247812 is part of a broader family or if similar patents exist in PCT or filings in jurisdictions like the US, EP, or JP.
- CIP (Continuation-In-Part) Applications: Chinese filings are frequently extended through subsequent applications to adapt to emerging scientific advances or to fortify patent scope.
Patent Landscape: Competitors and Innovation Trends
The scope of CN101247812 indicates how Chinese firms are strategically protecting innovative drug delivery systems. Key competitors in the landscape include:
- Local innovators focusing on niche formulations, especially in TCM-derived pharmaceuticals.
- Multinational pharmaceutical companies extending patent rights into China through licensing or local filing activities.
- Research institutions filing for patent rights on novel methods relevant to biopharmaceuticals.
Recent trends suggest an increased focus on:
- Controlled-release formulations.
- Nanotechnology-based delivery systems.
- Biodegradable and biocompatible materials.
Legal and Commercial Implications
Patent Validity and Enforcement
- The patent’s scope appears sufficiently inventive if claims are well-structured around novel formulation elements.
- However, China’s patent landscapes pose challenges in maintaining broad claims against prior art, especially for polymer-based or formulation inventions.
- Enforcement in China is typically efficient against infringement, but patent validity must be vigilantly maintained through annual fees and infringement monitoring.
Market and Licensing Opportunities
- The patent provides exclusive rights to commercialize the protected formulations in China.
- It serves as a strategic tool for licensing agreements or technology transfer, especially in partnership with local manufacturers.
Conclusion
CN101247812 exemplifies a targeted pharmaceutical patent emphasizing formulation innovations crucial to drug efficacy and patient compliance. Its claims are likely constructed to strike a balance between broad coverage and specific embodiments. The patent landscape in China is dynamic, with a progressive shift toward protecting advanced drug delivery technologies, aligning with global trends toward personalized and controlled-release medicines.
Legal robustness, combined with strategic claim drafting, positions CN101247812 as a significant asset within China’s patent milieu. The patent’s scope and claims underpin its value as a foundation for commercialization, licensing, or defensive patent positions in China.
Key Takeaways
- Scope and Claims: Chinese pharmaceutical patents like CN101247812 typically blend broad independent claims with narrower dependent claims, targeting formulation and process innovations.
- Patent Landscape: The Chinese patent landscape favors inventive pharmaceutical formulations, with increasing filings in drug delivery systems. CN101247812 aligns with these trends, emphasizing innovative compositions.
- Legal Strategy: Well-drafted claims with clear inventive steps enhance patent enforceability. Ensuring robust claims around novel polymers, delivery mechanisms, or manufacturing methods solidifies protection.
- Commercial Insights: The patent provides market exclusivity in China, supporting licensing and commercial strategies amid an evolving competitive environment.
- Foresight: Participants should monitor related patent families and regional filings to streamline global patent protection and defend their innovations effectively.
FAQs
1. What makes CN101247812 unique compared to prior art?
It likely introduces a novel combination of excipients and process steps that improve drug stability or controlled release, distinguishing it from earlier formulations.
2. Can this patent be used to prevent competitors from developing similar formulations in China?
Yes, within its scope and validity, it enables legal actions against infringing formulations that fall within its claims.
3. Is CN101247812 eligible for international patent protection?
Not directly. To secure global rights, corresponding filings via PCT or national filings in key markets are necessary.
4. How does the patent landscape influence innovation in Chinese pharmaceuticals?
It encourages innovation by safeguarding novel formulations, while also fostering a competitive environment that drives further R&D.
5. What are the critical factors for maintaining the patent’s strength in China?
Regular renewal fees, vigilant infringement monitoring, and potential claim amendments to adapt to evolving prior art are crucial for maintaining enforceability.
References
[1] CNIPA Official Gazette, Patent CN101247812, 2009.
[2] China Patent Law and Guidelines, CNIPA, 2021.
[3] WIPO Patent Database, International Filings related to CN101247812.
[4] Industry Reports on Chinese Pharmaceutical Patents, 2022.
