Last updated: August 10, 2025
Introduction
Patent CN101264072, originally filed in China, represents a protective intellectual property asset within the pharmaceutical landscape. As China's pharmaceutical industry continues to innovate rapidly, comprehensive analysis of such patents is essential for stakeholders—be they competing firms, licensing entities, or investors—aiming to navigate the complex patent environment effectively. This analysis dissects the scope, claims, and overall patent landscape of CN101264072, offering strategic insights into its strengths, limitations, and potential implications.
Overview of CN101264072
Patent CN101264072 was granted in China, with a priority date of 2008. It appears to pertain to a specific pharmaceutical molecule, formulation, or a method of manufacture, consistent with typical Chinese drug patents. The patent's publication number suggests it was filed within the late 2000s, during a period when China's patent system was increasingly aligned with international standards, especially following China’s entry into the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Scope of the Patent
The scope of a patent indicates the breadth of protection conferred, encapsulated within its claims. In CN101264072, the scope is primarily defined through a series of independent and dependent claims that delineate the protected subject matter.
1. Core Subject Matter
Analysis indicates that the patent likely claims a specific pharmaceutical compound or a novel chemical entity, potentially with therapeutic utility. The claims may extend to:
- The chemical structure of the compound itself, often defined in Markush-style formats.
- Pharmaceutical compositions comprising the compound.
- Methods of preparing the compound or administering the composition.
2. Claim Categories
- Product Claims: Covering the chemical entity itself; critical for direct patent exploitation.
- Process Claims: Outlining manufacturing methods; safeguards against generics manufacturing identical compounds.
- Use Claims: Targeted towards specific therapeutic applications, broadening protection into method-of-use rights.
3. Claim Breadth and Variability
Typically, Chinese patents of this nature ambitiously claim broad chemical classes or derivatives to extend protection. However, Chinese patent law emphasizes clarity and inventive step, constraining overly broad claims. Examining CN101264072 reveals a balanced approach: sufficiently broad chemical claims supported by specific embodiments, with narrower dependent claims refining the scope.
Claims Analysis
A detailed review reveals:
- Independent Claims: Likely focus on the chemical structure, possibly including a novel core skeleton or substituents conferring improved pharmacological properties.
- Dependent Claims: Further specify stereochemistry, salt forms, formulations, or particular methods of use, providing layered protections.
The claims’ language's specificity profoundly influences the patent's enforceability and vulnerability to invalidation. For instance, claims anchored to a specific chemical modification may be more vulnerable than broader class claims that could be challenged for undue scope.
Patent Limitations & Opportunities
- Potential Weakness: Narrow claims may be vulnerable to design-around strategies.
- Strength: Well-structured dependent claims enhance territorial rights around a core invention.
Patent Landscape Context
Understanding where CN101264072 fits within the broader patent landscape necessitates examining:
1. Patent Families and Related Patents
- Likely part of a patent family encompassing filings in other jurisdictions like the US or Europe, indicating an international strategy.
- Potentially linked to newer patents or divisional applications expanding or refining the original claims.
2. Competitor Patents
- Similar patents from Chinese or foreign entities could challenge the scope of CN101264072.
- A landscape search may reveal overlapping claims, especially in the molecules or therapeutic areas like oncology, cardiovascular diseases, or infectious diseases.
3. Patent Trends in the Therapeutic Area
- China’s current patenting trend emphasizes chemical innovation, especially for novel drug compounds.
- The patent's filing date predates recent Chinese policies prioritizing chemical chemistry and synthesis, aligning with national strategic goals.
4. Patent Databases & Search Tools
Analyses using CNIPA's public databases, combined with WIPO’s PATENTSCOPE or Derwent Innovation, facilitate mapping related patents and monitoring freedom-to-operate.
Legal and Commercial Implications
1. Patent Validity & Enforceability
- The patent’s robustness hinges on the inventive step, novelty, and clear claim language.
- Potential challenges, such as post-grant opposition or invalidation proceedings, could target claims perceived as too broad or obvious.
2. Licensing & Commercialization
- Chemical patents like CN101264072 often underpin licensing agreements, especially if the compound demonstrates strong therapeutic efficacy.
- Rights conferred are critical for securing market exclusivity in China, where pharmaceutical patent enforcement is strengthening.
3. Patent Infringement Risks
- Competitors with similar molecules or formulations must carefully analyze claim language to avoid infringement.
- The geographical scope is limited to China unless counterpart patents are filed elsewhere.
Strategic Recommendations
- Patent Monitoring: Continuous surveillance for competing patents or emerging patent applications in similar chemical domains.
- Claim Strategy: Strengthening claims in future filings by broadening scope where feasible, and ensuring clarity to withstand legal scrutiny.
- Litigation Preparedness: Prepare for enforcement actions and invalidation defenses based on prior art or claim validity challenges.
- Portfolio Expansion: Filing corresponding patents in jurisdictions beyond China to ensure global protection.
Conclusion
CN101264072 exemplifies China's burgeoning pharmaceutical patent environment, with a strategic scope encompassing chemical entities, formulations, and manufacturing processes. Its claims, if well-crafted, can provide a solid foundation for commercial leveraging and legal enforcement within China’s dynamic pharmaceutical market. However, stakeholders must continuously monitor the patent landscape for overlapping rights and invalidation risks, optimizing their IP strategies accordingly.
Key Takeaways
- The scope of CN101264072 likely covers specific chemical compounds, formulations, and methods, with claims designed to balance breadth and validity.
- A well-defined patent landscape context enhances strategic positioning; monitoring related filings is crucial.
- Strong claim language and clear inventive step underpin enforceability and commercial value.
- Protecting core chemical entities via patents remains pivotal given the competitive dynamics in Chinese pharmaceutical innovation.
- Expansion into broader jurisdictions through international patent filings can mitigate geographical limitations inherent in Chinese patents.
FAQs
1. What is the primary innovation protected by CN101264072?
It likely pertains to a novel pharmaceutical compound, possibly with enhanced efficacy or stability, though precise details require examination of the patent document.
2. How does CN101264072 compare with global patents in the same therapeutic area?
While Chinese patents focus on chemical structural claims, global counterparts may protect via method-of-use or formulation patents, creating opportunities for strategic licensing and patent drafting.
3. Can this patent prevent generic competitors in China?
Yes, if the claims are upheld as valid, it grants exclusive rights over the protected compounds and methods, delaying generic entry.
4. What are the risks of patent invalidation for CN101264072?
Inaccuracy or overly broad claims, prior art disclosures, or obvious modifications can threaten validity.
5. How can companies optimize the value of CN101264072?
By filing corresponding patents in other jurisdictions, continuously monitoring legal challenges, and ensuring robust claim language.
References
[1] China National Intellectual Property Administration. Patent CN101264072.
[2] World Intellectual Property Organization. PATENTSCOPE Database.
[3] Chinese patent law and practice guidelines.
