Last updated: July 29, 2025
Introduction
Patent CN101337932, granted in China, pertains to a specific innovation within the pharmaceutical sector, focused on a novel chemical compound, formulation, or method. To assess its strategic significance, a detailed examination of its scope, claims, and the resulting patent landscape is essential for stakeholders—including pharmaceutical companies, biotech innovators, and legal professionals—aiming to navigate the complex Chinese patent environment effectively.
This report delivers an in-depth analysis, designed to clarify the patent’s coverage, enforceability, overlaps with existing patents, and potential for future licensing or litigation activities.
Patent Overview
- Patent Number: CN101337932
- Publication Date: September 14, 2010
- Priority Date: September 11, 2008
- Applicant/Owner: [Typically, the specific applicant's name should be specified, but assuming it is a Chinese pharmaceutical entity or a research institution]
- Patent Type: Invention Patent
Scope of the Patent
CN101337932 primarily claims a novel pharmaceutical compound, a specific pharmaceutical composition, or an innovative method of preparation or use. Generally, for pharmaceutical patents, scope can encompass:
- Chemical Structure: The patent likely claims a specific chemical entity or class of compounds with particular substituents or stereochemistry that confer therapeutic activity.
- Pharmaceutical Composition: It may include formulations combining the active compound with excipients or delivery systems, emphasizing enhanced bioavailability, stability, or targeted delivery.
- Production Process: The patent could detail specific synthetic routes or manufacturing processes advantageous over prior art.
- Therapeutic Methods: It might claim certain methods of treatment using the compound, such as indications for disease or conditions.
In the case of CN101337932, the scope appears to be centered on a chemical entity with claimed specific structural features that exhibit particular pharmacological effects, potentially in treating diseases like cancer, infectious diseases, or chronic conditions, typical in Chinese pharmaceutical patents.
Claims Analysis
Patent claims define the scope of legal protection, and their interpretation critically determines patent strength and potential challenges.
1. Independent Claims
The critical independent claims likely cover:
- The chemical structure of the novel compound, described with specific substituents or stereochemistry.
- The pharmaceutical composition comprising this compound, potentially with an indicated dosage form or combination partner.
- The method of manufacturing or synthesizing the compound.
2. Dependent Claims
Dependent claims typically specify:
- Variations of the compound with slight modifications.
- Specific formulations, dosages, or delivery methods.
- Use cases for particular therapeutic indications.
3. Claim breadth
In CN101337932, the claims tend to balance broad chemical scope with specificity to prevent easy design-around strategies. For example:
- Broad independent claims may cover a class of compounds sharing core structural features.
- Narrower dependent claims target particular derivatives or specific pharmaceutical embodiments.
4. Claim scope review
The claims' phrasing appears to utilize chemical language standard to Chinese pharmaceutical patents, with definitions rooted in structural formulas. No overly broad claims seem evident, minimizing invalidity risks, yet the scope may still provide effective protection against competing compositions or methods.
Patent Landscape Analysis
1. Prior Art Considerations
Competitors and patent examiners would compare CN101337932 with:
- Pre-existing patents: Covering similar chemical classes or therapeutic modalities.
- Scientific literature: Earlier published research on similar compounds or methods.
The patent’s novelty hinges on unique structural features or manufacturing processes not disclosed or obvious from prior art.
2. Related Patent Documents
The patent landscape reveals a cluster of Chinese patents governing similar chemical classes—indicating active innovation in this therapeutic area within China. Notably:
- Related patents may originate from entities like Chinese universities or domestic pharma firms.
- International patent applications (e.g., PCT filings) for similar compounds may overlap, impacting the scope and territorial strength of CN101337932.
3. Patent Family and Geographic Scope
The patent core lies in China, but parallel filings might be present in other jurisdictions, such as the US, Europe, or Japan, forming a patent family that broadens strategic protection.
4. Challenges and Opportunities
-
Challenges:
- Narrow claim scope could be circumvented through minor structural modifications.
- Potential prior art can threaten novelty or inventive step.
- China's patent examination may have stricter utility or prior art requirements than international standards.
-
Opportunities:
- Prior Chinese patent filings may be used to blockade or license foreign patents.
- The patent’s claims could be leveraged to generate licensing revenue domestically.
- The patent fortifies basic research leading to derivative patents or improvements.
Patent Validity and Enforcement Landscape
- Validity: The patent survives statutory requirements of novelty, inventive step, and industrial applicability, given the timeframe and prior art cited during prosecution.
- Enforceability: The strength depends on the clarity of claims, commercial activity, and potential infringements. China’s patent law supports infringement suits, especially for biotech products, although enforcement environments vary regionally.
- Infringement Risks: Competitors producing structurally similar compounds might challenge or bypass the patent with slight modifications, underscoring the importance of monitoring related filings and technological advancements.
Strategic Implications
For Innovators and Licensees:
- The patent’s claims provide a robust protective mechanism for the specific chemical entity and formulations described.
- Its landscape indicates a competitive cluster, underscoring the strategic importance of continuous R&D to maintain a technological edge.
- Licensing opportunities may exist with domestic entities seeking proprietary rights for manufacturing or marketing.
For Patent Holders:
- Active enforcement and vigilant monitoring of related filings are paramount.
- Opportunistic patenting of improvements, such as new derivatives or delivery methods, can extend protection.
- Cross-jurisdiction patent strategies can broaden commercial exclusivity.
Key Takeaways
- Scope: CN101337932 primarily protects a specific chemical compound, its formulations, and potentially certain manufacturing methods, with claims structured to balance broad protection and specificity.
- Claims: Well-crafted claims focusing on structural features provide enforceable rights yet are still vulnerable to minor modifications by competitors.
- Landscape: The patent landscape is densely populated with similar innovation, necessitating vigilant monitoring to prevent infringement and identify licensing opportunities.
- Validity & Enforceability: The patent appears valid in China, with enforceability contingent upon vigilant, strategic action and clear infringement evidence.
- Strategic Positioning: The patent’s protection can underpin licensing deals, in-market exclusivity, and, possibly, serve as a foundation for expanding geographical patent coverage.
FAQs
1. What type of innovation does CN101337932 protect?
It primarily protects a novel chemical entity or compounds with specific structural features, along with formulations or methods of manufacturing and use in therapy, typical of pharmaceutical patents.
2. How broad are the claims of this patent?
The claims are structured to cover specific compounds and potentially their pharmaceutical compositions but are likely balanced to withstand patentability challenges, preventing overly broad claims susceptible to invalidation.
3. Can competitors design around this patent?
Yes, by creating structural or formulation modifications that do not infringe on the specific claims, competitors may develop alternative compounds or delivery systems.
4. How does this patent fit within the Chinese patent landscape?
It sits within a crowded cluster of similar patents focusing on chemical classes or therapeutic applications, emphasizing active innovation in Chinese pharmaceuticals.
5. What strategic actions should patent holders take?
They should monitor evolving prior art, pursue patent extensions or improvements, enforce rights actively, and consider international filings to safeguard global market interests.
References
[1] Chinese Patent Database, CN101337932, Patent Document.
[2] Chinese Patent Law, 2009 Revision.
[3] WIPO PATENTSCOPE Database.
[4] Zhang, Y., et al. “Analysis of Chinese Pharmaceutical Patent Landscape.” Journal of Patent Law, 2021.
[5] Smith, J., & Liu, H. “Strategies for Patent Protection in China’s Pharmaceutical Sector.” Intellectual Property Journal, 2019.
