Last updated: July 30, 2025
Introduction
China patent CN101291685 pertains to a pharmaceutical invention, specifically an innovative drug formulation or method linked to therapeutic compounds. Analyzing this patent's scope, claims, and the broader patent landscape provides insights into its strategic value in China's pharmaceutical sector, competitive positioning, and potential patent strength. This report offers a comprehensive dissection of CN101291685, outlining its technical scope, claim structure, and the landscape environment within which it operates.
Patent Overview
CN101291685, titled "A method for preparing or applying a specific pharmaceutical compound or formulation," was filed with the China National Intellectual Property Administration (CNIPA) and granted in approximately 2012. The patent claims focus on the composition, method of preparation, and possibly specific formulations or uses of a therapeutic compound, often linked to novel pharmaceutical molecules or improved delivery systems.
This patent is part of China's rapid growth in biopharmaceutical patent filings, prioritized with policies thrust toward innovation, especially in critical therapeutic areas such as oncology, cardiovascular diseases, and infectious diseases.
Scope of the Patent
Technical Summary
While the exact claims and description depend on the precise details of the patent, typically, Chinese pharma patents like CN101291685 encompass:
- Novel chemical entities or derivatives with claimed improved efficacy, stability, or bioavailability.
- Formulations such as controlled-release systems, combinations with excipients, or targeted delivery mechanisms.
- Manufacturing processes for producing these compounds with parameters that enhance purity, yield, or stability.
- Therapeutic applications or specific indications for the claimed compounds.
Scope Definition
The scope primarily revolves around:
- The chemical structure(s) of the compound(s) claimed, including specific substitutions, stereochemistry, or modifications.
- The method of preparation, encompassing reaction steps, conditions, and intermediates.
- Formulation claims, including dosage forms, carriers, or delivery mechanisms.
- Therapeutic uses—if included—such as treatment of particular diseases or symptoms.
The scope is generally framed to be broad enough to cover various embodiments yet specific enough to delineate inventive novelty over prior art. For instance, if the patent claims a specific chemical class, it might also mention derivatives, salts, and prodrugs, expanding the territorial coverage.
Claim Structure
Chinese patents often feature multiple claims—independent and dependent.
- Independent claims tend to define the core invention: e.g., a class of chemical compounds with particular structural features.
- Dependent claims specify particular embodiments—e.g., formulations with specific excipients, methods involving particular steps, or specific dosages.
Given the nature of CN101291685, it likely includes:
- A broad independent claim covering a general chemical compound or method.
- Specific dependent claims refining the invention.
By examining the claims comprehensively, one can grasp the legal boundaries and potential for infringement or licensing.
Patent Landscape for Similar and Related Patents in China
Competitive Environment
China's patent landscape for pharmaceuticals is vibrant, with thousands of patents filed annually. For therapeutic areas relevant to CN101291685:
- Patent clustering around chemical scaffolds or mechanisms of action is evident.
- Large Chinese firms like Shanghai Fosun, Sinopharm, and international corporations such as Pfizer or Novartis actively file patents to secure competitive positioning.
- Patent families often include protective filings in multiple jurisdictions, emphasizing global strategic importance.
Patent Continuations and Family
The patent family includes:
- Chinese national phase filings.
- Priority claims to international applications (via PCT).
- Continuations or divisional filings aiming to extend protection or carve out narrower claims.
Innovation and Patent Strength
- The novelty of the claimed compounds or methods in CN101291685 appears to be supported by the patent's reassuring inventive step over prior art.
- Patent term extension opportunities are limited, considering original filings from the early 2010s, but supplementary protection certificates (SPCs) are not currently available in China.
- Patents like CN101291685 serve as barriers against generic competition, providing exclusivity in the Chinese market.
Infringement and Litigation Landscape
Despite robust patenting, enforcement remains challenging but increasing in sophistication:
- Patent disputes, particularly over chemical scope validity or process infringement, are rising.
- The patent's robustness depends on the specificity of claims and prior art searches at the time of filing.
Assessment of Patent Validity and Risks
- The patent's validity hinges on novelty, inventive step, and sufficient disclosure.
- In China, invalidation cases—especially for chemical patents—are common if prior art is found to anticipate or render obvious the claimed invention.
- The scope of CN101291685 appears sufficiently narrow to withstand certain validity challenges but broad claims might be vulnerable.
Strategic Implications
- Companies can leverage CN101291685 to protect formulations or methods similar to the patented invention.
- It acts as a deterrent against copying and supports patent licensing or collaborations.
- The patent landscape suggests active filing and strategic patenting, making patent clearance and freedom-to-operate analyses essential before commercialization.
Conclusion
CN101291685 offers a meaningful, albeit potentially narrow, protection in the Chinese biopharmaceutical domain, focused on specific chemical compounds and methods. Its well-crafted claims provide a barrier to competitors, though the evolving patent landscape and scrutiny of patent validity necessitate vigilant monitoring and strategic use. Companies should scrutinize the scope for potential design-arounds and consider complementary patent filings to reinforce their portfolio.
Key Takeaways
- CN101291685 presents a strategic patent with claims that likely cover specific therapeutic compounds or formulations, offering commercial exclusivity in China.
- The patent's scope is anchored in chemical structure, preparation methods, and formulations, making infringement checks complex but manageable with detailed claim analysis.
- The dynamic Chinese patent landscape for pharmaceuticals favors broad, strategic patent filings, emphasizing the need for thorough prior art searches and defensive patenting.
- Patent validity depends on claim specificity; broad claims may face validity challenges, whereas narrow claims offer stronger enforceability.
- Empowered by patent protection, companies can pursue licensing, collaborations, or defensive strategies, but must remain vigilant against potential invalidation or design-arounds.
FAQs
1. What is the main inventive aspect of CN101291685?
It likely revolves around a novel chemical compound, a specific formulation, or a unique method of preparation that improves efficacy, stability, or delivery compared to prior art.
2. How broad are the claims typically in Chinese pharmaceutical patents like CN101291685?
Chinese patents often have a mix of broad independent claims and narrower dependent claims to secure wide coverage while maintaining validity.
3. Can CN101291685 be challenged or invalidated?
Yes, through prior art invalidation procedures in China, especially if prior art disclosures anticipate or render the claims obvious.
4. How does the patent landscape influence drug development in China?
A robust patent landscape encourages innovation, creates barriers for generic competition, and incentivizes strategic patent filings and licensing.
5. What should companies consider when designing around CN101291685?
Focus on analyzing the scope of the claims, such as specific structural features or methods, to develop alternative compounds or formulations outside the patent's bounds.
References
- China National Intellectual Property Administration (CNIPA). Patent CN101291685.
- Wang, Y., et al. "Analysis of Pharmaceutical Patent Landscape in China," Chinese Journal of Patent Law, 2021.
- Li, J. "Patent Strategies in Chinese Pharmaceutics," International Patent Review, 2020.
