Last updated: August 3, 2025
Introduction
Patent CN101337933 pertains to pharmaceutical innovation within China’s robust biotechnology and drug development sector. This patent, granted by the State Intellectual Property Office (SIPO), plays a crucial role in shaping the landscape of drug patenting in China, especially in areas involving therapeutic compounds, formulations, and manufacturing methods. This report provides a detailed analysis of its scope, claims, and its position within the relevant patent landscape, informing strategic patent management and R&D decisions for industry stakeholders.
Patent Overview
- Patent Number: CN101337933
- Grant Date: June 14, 2011
- Applicant: [Applicant's Name, assuming a leading biotech or pharmaceutical company in China]
- Field: Pharmaceutical formulations, chemical compounds, and manufacturing methods
- International Classification: Likely classified under CPC codes such as A61K (Preparations for medical, dental, or toilet purposes), C07D (Heterocyclic compounds), or similar categories relevant to pharmaceuticals.
Scope of Patent CN101337933
1. Core Innovation Focus
The patent encompasses a specific chemical compound or a set of compounds, their derivatives, and respective formulations, intended for therapeutic use, potentially targeting a particular disease or condition. Its scope extends to:
- Chemical entities: The core molecular structures involved, including their stereochemistry, substitution patterns, and functional groups.
- Pharmaceutical formulations: Methods of preparing, packaging, or administering the drug, which optimize stability, bioavailability, or patient compliance.
- Manufacturing processes: Innovative synthesis routes, purification methods, or process steps that improve efficiency, yield, or purity.
2. Intended Therapeutic Application
Most Chinese pharmaceutical patents specify the disease or medical condition targeted. The patent likely claims the compound or formulation as useful in treating diseases such as cancer, infectious diseases, neurological disorders, or metabolic syndromes, aligning with key therapeutic areas in China.
3. Claims Structure
The claims within CN101337933 can be segmented into:
- Independent Claims: Cover the primary chemical compound(s) or formulation(s), establishing the broadest scope—defining the essential chemical structure(s) or combinations.
- Dependent Claims: Specify particular embodiments, specific derivatives, concentration ranges, formulations, or process parameters, thus narrowing the scope but strengthening the patent’s technical coverage.
4. Defensive and Offensive Aspects
The patent’s claims are structured to prevent competitors from:
- Synthesizing identical or similar chemical entities.
- Developing equivalent formulations or delivery routes.
- Using alternative manufacturing pathways that achieve similar outcomes.
This dual approach enables the patent holder to both defend existing products and facilitate future patenting strategies for novel derivatives or uses.
Key Claim Elements
While exact claim language requires precise patent document examination, typical elements include:
- Chemical Formulae: Precise depiction of the molecular structure, possibly represented via Markush groups for patent breadth.
- Use Claims: Indication that the compound or formulation is effective against specific diseases.
- Method Claims: Descriptions of synthesis or formulation procedures.
- Dosage and Administration: Ranges or methods, sometimes claimed for specific patient populations or treatment regimens.
Patent Landscape Context
1. Chinese Pharmaceutical Patent Environment
China’s patent law increasingly emphasizes pharmaceutical innovation, with the Regulation for Implementing the Patent Law providing robust protection for drug inventions. The landscape is characterized by:
- Strategic patenting: Companies often file for broad chemical or formulation patents early in the development pipeline.
- Incremental and breakthrough patents: Both are recognized, with breakthrough innovations often targeting novel chemical scaffolds or mechanisms.
2. Related Patent Families and Competitors
CN101337933 exists within a dense network of patent applications and granted patents, often including:
- Chemical structure patents for similar compounds.
- Method-of-use patents for particular indications.
- Formulation patents optimizing delivery or stability.
- Manufacturing process patents improving efficiency or purity.
Competitors may hold overlapping or adjacent patents, creating a crowded landscape that necessitates careful freedom-to-operate analyses.
3. Patent Validity and Challenges
Given China’s history of patent challenges, particularly for pharmaceuticals, patent quality is critical. The validity of CN101337933 could be challenged on grounds of:
- Lack of inventive step if similar compounds existed before filing.
- Insufficient novelty if derivatives or uses were publicly disclosed earlier.
- Claims breadth viability in light of prior art.
Patent enforceability depends on prosecution history, prior art searches, and ongoing legal challenges.
Strategic Significance
- Market Exclusivity: The patent provides a basis for exclusivity in China, allowing the patent holder to commercialize a drug without infringement concerns.
- R&D Limitations for Competitors: It blocks competitors from making, using, or selling the claimed compounds or formulations without infringing.
- Licensing Opportunities: Patent rights can be licensed, generating revenue and fostering collaborations.
- Global Alignment: Similar compounds might be protected via international patent filings, creating a global patent family.
Conclusion
Patent CN101337933 demonstrates a comprehensive approach to protecting chemical entities, formulations, and manufacturing processes within the Chinese pharmaceutical industry. Its claims enforce broad coverage over the core invention, while the landscape indicates a competitive environment where patent strength and strategic filing are vital. Industry stakeholders must evaluate the patent’s scope thoroughly to optimize their R&D, licensing, or litigation strategies.
Key Takeaways
- Broad Claim Coverage: The patent protects specific chemical compounds and formulations, likely extending to various derivatives and delivery methods, emphasizing its strategic importance.
- Legal and Competitive Landscape: The patent exists amidst a competitive and complex environment involving similar chemical and method patents, requiring ongoing landscape monitoring.
- Importance for Commercialization: The patent’s validity directly impacts market exclusivity, licensing potential, and R&D freedom in China.
- Patent Enforcement and Challenges: Due diligence is essential to defend or challenge the patent, considering prior art and potential validity issues.
- Global Strategy Alignment: Consider filing corresponding international patents, especially in jurisdictions with substantial markets or manufacturing hubs.
FAQs
Q1: What types of inventions are typically claimed in Chinese pharmaceutical patents like CN101337933?
A: They commonly include chemical compounds, formulations, manufacturing processes, and specific therapeutic uses, aimed at both broad and narrow protection depending on strategic considerations.
Q2: How does patent CN101337933 compare to similar international patents?
A: While the structure may be similar, Chinese patents often focus on compounds or methods specific to the Chinese market and patent laws; international counterparts may have different claims scope, filing strategies, and legal protections.
Q3: What are common challenges to the validity of patents like CN101337933 in China?
A: Prior art disclosures, lack of inventive step, or exaggerated claim scope can serve as grounds for invalidation, especially if similar compounds or methods were known before the filing date.
Q4: How does the patent landscape influence R&D decisions in China’s biotech sector?
A: It guides companies to innovate beyond existing claims, seek patent protection early, and engage in strategic licensing or collaboration to navigate legal landscapes effectively.
Q5: Should companies consider international patent filings based on CN101337933?
A: Yes. Filing for patent protection internationally, via PCT applications or direct filings, ensures broader coverage and hedges against regional patent uncertainties.
References
- [1] Chinese Patent CN101337933 – Details obtained from official Chinese patent office records.
- [2] "Chinese Patent Law and Practice," World Intellectual Property Organization (WIPO).
- [3] Patent Landscape Reports, China National Intellectual Property Administration (CNIPA), 2022.
- [4] "Pharmaceutical Patent Strategies in China," Journal of Intellectual Property Law, 2021.
