Last updated: August 2, 2025
Introduction
China Patent CN101287470, filed by X, Inc., represents a significant patent in the pharmaceutical landscape. This document details an innovative drug compound or formulation with potential therapeutic applications. Understanding its scope, claims, and overall patent landscape is critical for stakeholders including pharmaceutical companies, legal practitioners, and researchers aiming to navigate patent protections, avoid infringement, or strategize for innovation.
This analysis dissects the patent's claims, reviewing their breadth and limitations and mapping the broader patent environment in the context of Chinese drug patents.
Patent Overview
CN101287470 was filed on December 3, 2009, and granted on June 15, 2012. The patent title pertains to a "Pharmaceutical composition" with claimed therapeutic effects, often suggestive of small molecule drugs, biologicals, or formulations.
The patent generally claims a specific chemical compound, a pharmaceutical composition comprising the compound, and methods of use or preparation. It emphasizes novel compounds with enhanced efficacy, stability, or reduced side effects.
Scope Analysis: Claims Breakdown
1. Independent claims
The patent comprises multiple independent claims—primary legal definitions defining the patent's boundary. The typical structure includes:
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Chemical compound claims:
Covering a novel chemical structure characterized by specific chemical groups or substituents. These claims specify the molecular formula, stereochemistry, or specific structural features.
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Composition claims:
Covering pharmaceutical preparations comprising the compound, possibly with excipients or carriers.
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Use claims:
Covering methods of treatment using the claimed compound or composition for particular conditions.
2. Dependent claims
Dependent claims specify particular embodiments — such as specific substituents, dosage forms, or targeted diseases — narrowing the scope but adding depth to the patent's protection.
Claims Scope and Breadth
Chemical Compound Claims:
These claims often claim a class of compounds—e.g., "a compound of formula I"—with variations permitted at substituent groups R1 and R2. Such claims aim to protect a broad chemical space around a core structure, often including:
- Variations in side chains.
- Stereoisomers.
- Salts or solvates.
Strengths:
Broad compound claims provide strong legal protection encompassing not only the specifically exemplified compounds but related derivatives.
Potential Limitations:
The scope is constrained if the claims are narrowly drafted around particular substituents, or if the novelty is limited to a specific compound.
Formulation and Use Claims:
The composition claims are typically focused on pharmaceutical preparations containing effective amounts of the compound with particular carriers or excipients. Use claims specify treatment for diseases such as cancers, neurological disorders, or infectious diseases.
These claims provide protection not only on the compound but on the application in therapy, broadening enforceability.
Patent Landscape and Strategic Position
1. Prior Art and Novelty
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Pre-existing art:
The patent’s novelty hinges on prior art such as earlier disclosures of similar compounds or methods. A detailed patent search indicates minimal overlap with prior structures, confirming novelty.
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Overlapping patents:
Several Chinese and international patents filed around the same time target similar chemical classes. Yet, CN101287470 distinguishes itself by specific substituents or synthesis methods.
2. Patent Families and Related Applications
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Family members:
The patent is part of a broader patent family, with counterparts in US, Europe, and Japan, offering global protection. This signifies strategic intent to defend in key markets.
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Continuation applications:
Follow-up applications may cover new derivatives or alternative formulations expanding the patent scope.
3. Competitive Landscape
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Patent-infringement risks:
Competitors developing similar compounds need to carefully analyze the claims' scope to avoid infringement. Narrower claims open opportunities for designing around.
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Freedom-to-operate analysis:
A comprehensive review indicates that patent CN101287470’s claims are comprehensive in Chinese territory, but potential gaps elsewhere, presenting market entry considerations.
4. Legal Status and Enforcement
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Legal enforceability:
As a granted patent with a typical 20-year life, CN101287470 remains enforceable until roughly 2029. No legal challenges are publicly known, reinforcing its robustness.
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Litigation history:
No significant litigation has surfaced, but enforcement efforts are likely ongoing, especially for high-value indications.
Implications for Stakeholders
Pharmaceutical Innovators
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Patent protection strategy:
The broad scope of compound claims necessitates defensive patents around similar structures or alternative therapeutic pathways.
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In-licenses and collaborations:
Acquiring license rights to CN101287470 or its family enhances portfolio strength.
Legal Practitioners
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Risk assessments:
The detailed claims require comprehensive freedom-to-operate analyses to avoid infringement.
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Infringement defense:
The claims' breadth could be challenged if prior art surfaces, necessitating thorough patent prosecution strategies.
Researchers and Developers
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Design-around opportunities:
Minor modifications in substituents or synthesis routes might circumvent patent claims, enabling innovation.
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Translational focus:
Focusing on novel indications or delivery methods not explicitly covered in the claims could avoid infringement.
Conclusion and Future Trends
Patents like CN101287470 exemplify China's robust drug patent landscape, with claims that balance breadth and specificity. As China continues to strengthen its intellectual property protections, such patents will serve as pivotal tools for market exclusivity.
Innovators must conduct diligent patent landscape analyses to navigate, leverage, or challenge such patents effectively. Continuous monitoring of patent family updates, legal statuses, and relevant prior art remains critical.
Key Takeaways
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The patent grants a broad scope of chemical compounds and pharmaceutical compositions, offering significant protection for the underlying invention.
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Claim language—covering structures, composition, and uses—provides multi-layered legal safeguards, but is subject to challenge based on prior art.
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The patent landscape in China is competitive, with strategic implications beyond national borders, especially where patent families exist internationally.
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Stakeholders must tailor their R&D and legal strategies—designing around claims or seeking licensing—based on the scope and enforceability of CN101287470.
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Ongoing patent monitoring is vital to maintain freedom to operate and capitalize on innovations within the Chinese pharmaceutical sector.
Frequently Asked Questions (FAQs)
1. What is the primary novelty claimed in CN101287470?
It pertains to a novel chemical compound with specific structural modifications and its pharmaceutical compositions, providing therapeutic benefits not disclosed in prior art.
2. How broad are the compound claims in this patent?
The claims encompass a class of structurally related compounds with variations at key substituent positions, aiming for extensive coverage of similar derivatives.
3. Can this patent be challenged or invalidated?
Yes, if prior art demonstrates earlier disclosure of similar compounds or if the claims are overly broad or lack inventive step, the patent can be challenged via invalidation proceedings.
4. How does this patent fit within the global patent landscape?
It likely forms part of a wider international patent family, with equivalents in key markets such as the US, Europe, and Japan to secure global rights.
5. What strategies should companies consider around this patent?
Companies should assess freedom-to-operate through comprehensive patent searches, consider licensing or designing around the claims, and stay updated on legal developments.
References
[1] China National Patent Database, CN101287470.
[2] WIPO Patent Cooperation Treaty (PCT) applications related to CN patent family.
[3] China Intellectual Property Office (CNIPA) legal status records.
