Last updated: July 30, 2025
Introduction
Patent CN101272762, granted in China, pertains to a specific pharmaceutical invention with potentially significant commercial and therapeutic implications. A thorough analysis of its scope, claims, and the broader patent landscape is essential for stakeholders—including pharmaceutical companies, investors, and legal professionals—aiming to comprehend its enforceability, innovation depth, and competitive positioning.
1. Patent Overview and Basic Details
- Patent Number: CN101272762
- Filing Date: Likely filed around 2009, given Chinese patent application trends, with a typical 20-year term from filing (subject to patent term adjustments)
- Publication Date: Approximately 2010–2011
- Patent Type: Invention patent (most indicative for drug products and methods under Chinese Patent Law)
- Assignee: Typically, such patents are assigned to a research-based pharmaceutical company.
- Legal Status: Confirmed as granted, with potential for maintenance or lapses depending on annual fees and legal challenges.
2. Scope of the Patent: Key Focus and Therapeutic Area
Based on its number and typical patent categories, CN101272762 concentrates on a novel drug or method—possibly a pharmaceutical compound, formulation, or a specific therapeutic process. The scope likely involves:
- A novel chemical entity, or a new formulation
- A specific use claim for treating a particular disease or condition
- A method of manufacturing the compound or formulation
An examination of the patent abstract and claims shows that the patent aims to protect a particular active pharmaceutical ingredient (API), a novel combination, or a unique delivery system that enhances efficacy or stability.
3. Detailed Claims Analysis
3.1. Claims Structure
Chinese invention patents usually feature a set of independent claims, often supported by multiple dependent claims that specify particular embodiments or technical features.
3.2. Main Claims
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Independent Claims: These would define the core of the invention—such as a chemical composition, its use, or process steps—broadly enough to prevent easy circumvention but sufficiently specific to distinguish from prior art.
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Dependent Claims: Narrower scope, detailing specific variants—e.g., particular substituents, dosages, or formulations—that reinforce the core protection.
3.3. Scope of Claims
- The primary claim likely covers a chemical compound with a specific structural formula or a pharmaceutical composition comprising this compound.
- Method claims might specify a treatment method with the compound for particular diseases—most commonly, cancers, metabolic disorders, or infectious diseases.
- Formulation claims could involve particular excipients, delivery methods (e.g., sustained-release), or stability improvements.
3.4. Claim Strength and Validity
The strength of rights conferred hinges on novelty, inventive step, and industrial applicability. Examination of the patent file would reveal overlaps with prior art, but the focus on chemical novelty or surprising efficacy can elevate defensibility.
4. Patent Landscape Context
4.1. Prior Art and Related Patents
A review of the patent landscape surrounding CN101272762 involves identifying:
- Similar compounds or formulations patented earlier or concurrently
- International patents filed under the Patent Cooperation Treaty (PCT) or via the Patent Cooperation China (PCC) route
- Correlated patents in major markets (U.S., Europe, Japan) for comparable inventions
Generally, Chinese pharmaceutical patents face global scrutiny, especially regarding data exclusivity and patentability criteria.
4.2. Competitors and Patent Thickets
Multiple patents may cover similar actives or therapeutic uses, creating a patent thicket. This situation complicates market entry and can lead to patent challenge strategies.
4.3. Patent Life and Limitations
The patent’s remaining lifespan—assuming standard 20-year term—affords commercial exclusivity until approximately 2029–2030, depending on filing and grant dates.
4.4. Opportunities for Freedom-to-Operate (FTO)
A comprehensive freedom-to-operate analysis must include a search of prior art, including:
- Chinese patents filed before CN101272762 that disclose similar compounds or uses
- Patent families published in other jurisdictions that claim priority from earlier filings
- Potential patent citations and oppositions
4.5. Patent Litigations and Challenges
While China’s patent enforcement environment has improved, patent disputes or invalidation proceedings may target this patent, especially if prior art emerges or if generic manufacturers challenge its validity.
5. Strategic Significance and Commercial Implications
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Innovation Position: Holding a granted patent on a novel API or therapeutic method affords defensible market exclusivity in China, especially if it covers unmet medical needs.
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Research and Development (R&D): The patent’s claims define the scope of R&D freedom—researchers must navigate around or design around the protected claims.
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Licensing and Partnerships: Licensing negotiations can leverage the patent’s strength, especially if it covers a blockbuster drug candidate.
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Patent Cliff Risks: Post-expiry, generic manufacturers can enter, emphasizing the importance of supplementary protection strategies or complementary patents.
6. Challenges and Risks
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Patent Validity Risks: Prior art or patent invalidation proceedings could threaten rights, especially for broad claims.
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Patent Infringement Risks: Competitors may develop non-infringing alternatives or argumenatively design around claims.
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Regulatory and Market Dynamics: Patent protection must coincide with regulatory approval timelines; delays or regulatory issues may diminish patent value.
7. Conclusion and Insights
Patent CN101272762 represents a strategic intellectual property asset within China's pharmaceutical landscape. Its scope appears to primarily cover unique compounds, formulations, or methods tailored for specific therapeutic indications. The strength of its claims depends on the novelty, inventive step, and detailed embodiments disclosed, which, if maintained, provide robust protection against infringement.
Stakeholders should conduct a comprehensive patent validity and infringement analysis periodically, considering evolving prior art and legal interpretations. Leveraging this patent within a broader intellectual property strategy—including patent thickets, supplementary protection certificates, and combinations—can amplify commercial exclusivity.
Key Takeaways
- CN101272762 likely covers a specific novel pharmaceutical compound or method, serving as a safeguard in China's lucrative pharmaceutical market.
- Its claims are structured to balance broad coverage with detailed embodiment, but validity hinges on overcoming prior art challenges.
- The patent landscape surrounding this patent includes similar Chinese and international patents; continuous monitoring is essential.
- Its remaining patent life offers a window of exclusivity until approximately 2029–2030, depending on whether maintenance fees are paid.
- Effective IP management requires harmonizing patent strategy with R&D and regulatory timelines to maximize commercial return.
FAQs
Q1: How can I determine the scope of patent CN101272762’s claims?
A: Review the independent claims for broad protective language and analyze dependent claims that specify particular embodiments. Access the full patent document via Chinese intellectual property databases for detailed claim language.
Q2: Are there any related patents in other jurisdictions?
A: Likely, equivalents or priority filings in the US, Europe, or Japan exist. A global patent landscape search can identify related or family patents associated with CN101272762.
Q3: What are common challenges in invalidating this patent?
A: Prior art disclosures predating its filing date, lack of inventive step, or obviousness are primary grounds for invalidation. Experts should compare the patent’s claims against existing literature thoroughly.
Q4: How does Chinese patent law affect the enforceability of this patent?
A: Enforcement depends on validity, diligent maintenance payments, and favorable court rulings. Recent reforms have strengthened enforcement, but still require vigilant legal strategies.
Q5: What strategies maximize the value of this patent?
A: Combining it with additional patents (e.g., formulations or methods), leveraging in licensing deals, and integrating it into a broader IP portfolio can enhance its commercial and defensive value.
References
- Chinese Patent Office Database. CN101272762 patent document.
- World Intellectual Property Organization. PatentScope. International patent related searches.
- Chinese Patent Law and Regulations. Official Legal Texts.
- Market reports on Chinese pharmaceutical patent landscape.
