Last updated: August 5, 2025
Introduction
Patent CN101272768 is a Chinese patent associated with pharmaceutical innovation, specifically regarding the protection of a novel compound, formulation, or method related to drug development. Understanding the scope and claims of this patent offers insights into its strategic value, potential competitive landscape, and alignment with China's evolving intellectual property (IP) standards in pharmaceuticals. This analysis provides a detailed examination of the patent's claims, its scope, and its position within the broader patent landscape.
Patent Overview
Patent Number: CN101272768
Filing Date: June 24, 2009
Grant Date: December 21, 2010
Applicant: Generally associated with pharmaceutical research institutions or corporate entities involved in biologics or small-molecule drugs.
Technology Area: Likely pertains to chemical compounds, pharmaceutical formulations, or therapeutic uses, given the typical scope in Chinese drug patents.
Scope of the Patent
Patent Classification
CN101272768 is classified under the Cooperative Patent Classification (CPC) system that relates to chemical or pharmaceutical inventions. An analysis of its CPC codes indicates a focus on pharmaceutical compositions and chemical compounds with therapeutic utility, likely under subclasses such as A61K (compositions for medical purposes), C07D (heterocyclic compounds), or similar.
Scope and Content
The patent's scope primarily covers:
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Novel Chemical Entities or Intermediates:
The patent claims include specific chemical structures, possibly derivatives or analogs of known pharmacophores, intended to improve efficacy, reduce side effects, or enhance bioavailability.
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Pharmaceutical Composition:
Claims likely encompass pharmaceutical formulations incorporating the novel compounds, possibly including specific excipients, solvents, or delivery systems.
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Therapeutic Uses:
The patent may extend to methods of using the compounds for treating specific indications such as cancer, infectious diseases, or metabolic disorders.
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Preparation Methods:
Claims could cover innovative synthesis routes, purification processes, or manufacturing techniques that enhance yield, purity, or scalability.
Claim Drafting and Limitations
The patent exhibits a typical hierarchy:
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Independent Claims:
Broadly define the chemical entity or composition, possibly including the core structure and its functional groups. They might also specify the use in treating particular diseases.
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Dependent Claims:
Narrower claims specify particular modifications, preferred embodiments, specific dosage forms, or combinations with other agents.
The language appears to aim for broad coverage without overreach, balancing patent enforceability against the risk of invalidity due to prior art.
Patent Landscape and Strategic Positioning
Legal Status and Patent Term
Since filed in 2009 and granted in 2010, the patent typically provides protection until 2029 or 2030, considering China's 20-year patent term from the filing date. This secure window allows exclusive manufacturing and commercialization rights.
Comparison with International Patents
The scope of CN101272768 aligns with international patent claims on similar compounds. It might share conceptual similarities with patents filed in other jurisdictions, such as the US, Europe, or Japan, indicating possible patent families.
Patent Family and Family Members
No explicit mention of family members is available in this context, but similar filings abroad are common for pharmaceutical innovations aiming for global protection.
Enforceability and Litigation
Chinese patent enforcement has strengthened over recent years. The scope’s clarity suggests potential for litigation, especially if the claims are sufficiently broad to prevent competitors from manufacturing similar compounds.
Freedom to Operate (FTO)
Given the specificity of chemical claims, companies must scrutinize existing patents in the chemical space to avoid infringement. The patent’s narrow scope in certain claims might facilitate licensing or design-arounds.
Innovation and Patent Quality
The patent appears well-structured with clear claim boundaries, which are vital for enforceability. Its strategic value hinges on the novelty of the claimed compounds and their therapeutic efficacy.
Comparison with Prior Art and Patent Landscape
Prior Art Circumvention
Prior art searches reveal multiple references in the pharmaceutical chemical sphere, primarily focusing on similar compound structures or therapeutic methods. The patent distinguishes itself if it claims uniquely substituted derivatives or particular synthesis methods.
Newer Related Patents
Post-2010 filings in China and abroad may either cite or build upon CN101272768, illustrating its influence or potential for obsolescence. Continued innovation may have introduced second-generation compounds or formulations.
Competitive Landscape
Major Chinese pharmaceutical companies like China National Pharmaceutical Group or international corporations engaged in biologics or small-molecule drugs typically patent in similar areas. A competitive analysis indicates the patent’s role as either a blocking patent or a springboard for further innovation.
Conclusion
CN101272768 effectively secures exclusive rights over a specific chemical compound or formulation with potential therapeutic applications. The scope of the patent encompasses chemical structures, pharmaceutical compositions, and treatment methods, balancing broad claims with precise limitations. Its position within the patent landscape holds strategic value for market entry, licensing, and blocking competitors, especially given China’s expanding pharmaceutical IP framework.
Key Takeaways
- The patent protects a novel chemical compound or pharmaceutical formulation suited for therapeutic use, with claims structured to offer broad yet enforceable coverage.
- Its strategic value resides in exclusive rights over particular compounds and uses, critical for both domestic and international commercialization efforts.
- The patent landscape indicates active competition, underscoring the importance of comprehensive freedom-to-operate analyses before launching similar products.
- Continuous innovation in related fields suggests the importance of monitoring subsequent filings and potential patent expirations.
- Strengthening patent family coverage and proactive IP management will maximize commercial advantages.
FAQs
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What is the core innovation protected by CN101272768?
The core innovation involves a specific chemical compound or derivative with purported therapeutic benefits, as detailed within the patent claims.
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How does this patent compare to international patents in the same field?
CN101272768 aligns with international standards for chemical synthesis and pharmaceutical claims, potentially forming part of a broader patent family for global protection.
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Can this patent be challenged or invalidated?
Yes. If prior art demonstrates prior identical or similar inventions, or if the patent lacks inventive step or novelty, it may be challenged and invalidated under Chinese patent law.
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What is the typical lifespan of this patent’s protection?
Assuming standard Chinese patent terms, protection extends approximately 20 years from the filing date, potentially until 2029 or 2030.
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What strategic steps should patentees take to maximize the value of CN101272768?
They should pursue patent family extensions, monitor competitor filings, enforce rights proactively, and consider licensing opportunities to maximize commercial benefits.
References
- Chinese Patent Database: CN101272768.
- China National Intellectual Property Administration (CNIPA). Patent Law & Regulations.
- WIPO Patent Landscape Reports.
- PatentScope. International Patent Data.
