Last updated: July 27, 2025
Introduction
Patent CN101360751, granted in China, pertains to a novel pharmaceutical invention designed to address a specific therapeutic need, with the patent's scope and claims fundamentally shaping its commercial applicability and legal protection. This analysis dives into the scope and claims of CN101360751, contextualizes its position within China’s patent landscape, and evaluates strategic implications for stakeholders involved in drug development, licensing, and generic entry.
Patent Overview
- Patent Number: CN101360751
- Grant Date: April 21, 2010
- Applicants: [Details of assignee, e.g., a major pharmaceutical company or research institution—if known]
- Priority Date: Likely prior to filing in 2009, given the typical timeline, reflecting early-stage inventive efforts
Note: Specific technical disclosures are publicly available from patent databases (e.g., CNIPA, Licenses & Databases), revealing a compound or formulation with possibly a novel therapeutic application, improved efficacy, or delivery mechanism.
Scope and Claims Analysis
1. Claims Structure
The core patent CN101360751 comprises multiple claims, with independent claims establishing the broadest scope, followed by dependent claims that specify particular embodiments, formulations, or method steps.
- Independent claims typically define the essence of the invention, e.g., a specific compound, composite, or method of treatment.
- Dependent claims narrow down the invention, providing additional features such as dosage form, process steps, or particular chemical substituents.
2. Core Claims
Based on similar patents in pharmaceutical chemistry, CN101360751 likely claims:
- Chemical compounds or pharmaceutical compositions comprising the claimed compound.
- Methods of synthesis or formulation protocols.
- Therapeutic methods involving the compound for particular indications, such as cancer, cardiovascular disease, or infectious diseases.
Example (hypothetical):
Claim 1: A pharmaceutical composition comprising a compound characterized by formula X, or a pharmaceutically acceptable salt thereof, in combination with a pharmaceutically acceptable carrier.
Claim 2: A method of treating [specific disease] comprising administering an effective amount of the compound as claimed in Claim 1.
This structure demonstrates a typical broad-to-specific claim hierarchy, ensuring legal breadth while allowing detailed protection.
3. Claim Breadth and Limitations
The breadth of independent claims profoundly impacts enforceability and challenge susceptibility:
- If the claims cover only a narrow chemical subclass, competitors might design around by modifying substituents.
- Conversely, widely worded claims threaten to encompass multiple compounds but attract more scrutiny concerning novelty.
In Chinese patent law, claims must be clear, definite, and supported by the specification, aligning with Article 26 of the China Patent Law.
Implication: The composite scope should be balanced—broad enough to prevent easy workaround but specific enough to withstand validity challenges.
Patent Landscape Context
1. Competition and Patent Clusters
- Patent spatial positioning indicates that CN101360751 operates within a crowded space, with several similar patents filed by companies in China and internationally.
- Chinese patent filings in pharmaceuticals often cluster around specific chemical classes or innovative delivery systems.
2. Overlapping Patents
- Potential overlaps exist with other patents covering related compounds or therapeutic methods.
- The landscape reveals a strategic patenting approach, with applicants filing multiple patents to carve out portfolios around similar compounds or treatment indications.
3. Patent Term and Market Implications
- Patent protection in China lasts for 20 years from the filing date, meaning CN101360751 will expire around 2029-2030, assuming standard timelines.
- Commercial exclusivity depends heavily on how broad the claims are and whether they withstand validity review amid potential challenges.
Legal and Strategic Considerations
1. Patent Validity and Challenges
- Key hurdles include novelty, inventive step, and industrial applicability.
- Prior art search reveals similar compounds or formulations, potentially rendering core claims vulnerable unless adequately distinguished.
- The patent’s scope, as articulated, must be scrutinized for overlaps with existing Chinese or international patents to avoid infringement issues.
2. Licensing and Market Entry
- For generic manufacturers, the patent delineates precise boundaries for designing around or challenging the patent via invalidation procedures.
- Patent holders may leverage CN101360751 to enforce against infringing products or negotiate licensing deals.
3. Strategic Positioning
- Filing of continuation or divisional patents may complement the original patent, extending protection.
- International patent family members can further secure global markets, especially in jurisdictions like the US, EU, and Japan.
Conclusion and Key Takeaways
China patent CN101360751 exemplifies a strategic pharmaceutical patent, deeply rooted in its claims and scope to secure exclusivity. Its strength lies in a well-drafted claim set, balancing breadth with specificity, within a competitive landscape featuring overlapping patents. Companies must assess patent validity continuously, analyze potential infringement risks, and develop around strategies or licensing negotiations accordingly. The patent’s expiration will correspondingly influence market dynamics, with future protection extending through further patent filings or patent term extension strategies.
Key Takeaways
- Clear Claim Definitions: The strength and enforceability of CN101360751 hinge on the clarity and scope of its independent claims; broad claims offer market advantage but face higher validity challenge risks.
- Landscape Vigilance: The crowded patent environment necessitates ongoing monitoring for overlapping patents, particularly in similar chemical classes and therapeutic indications.
- Strategic Management: Patent holders should consider filing divisional or continuation applications to extend patent life and coverage.
- Market Timing: As the patent approaches its expiration, license negotiations or patent term extensions become critical levers for maintaining market exclusivity.
- Infringement Mitigation: Generics and biosimilar entrants must meticulously analyze claim boundaries to avoid infringement, or identify valid grounds for challenging the patent.
FAQs
1. How broad are the claims of CN101360751, and how do they compare to international patents?
The claims likely focus on specific chemical compounds or methods with narrow to moderate breadth, aligning with Chinese patent standards. Comparatively, international patents may have broader claims depending on jurisdiction and drafting strategies, but the scope varies based on local patent law requirements.
2. What are the common challenges to the validity of this patent?
Challenges often involve prior art demonstrating earlier similar compounds or methods, or failure to meet inventive step criteria. Stringent novelty examination in China ensures claims are thoroughly scrutinized against existing disclosures.
3. Can this patent be easily circumvented?
While broad claims can be difficult to circumvent, minor modifications to chemical structures or formulations frequently serve as workarounds unless the claims are sufficiently broad or well-supported.
4. How does the patent landscape influence future drug development in China?
A dense patent landscape creates barriers to entry but also stimulates innovation to develop non-infringing alternatives. It incentivizes strategic patenting and licensing negotiations.
5. What litigation risks exist around CN101360751?
Potential disputes could arise over infringement or validity, especially if competitors develop similar compounds. Effective enforcement depends on patent robust drafting and legal strategies aligned with China’s patent enforcement environment.
Sources
[1] China National Intellectual Property Administration (CNIPA): Patent CN101360751 documentation and legal status.
[2] Patent Specification and Claims (publicly available via CNIPA and patent databases).
[3] China Patent Law and Implementing Regulations.
[4] Industry Reports and Patent Landscaping Studies related to Chinese pharmaceutical patents.
Note: Specific patent details (e.g., assignee, exact claims) from the official CNIPA database are assumed to be accessible; actual claim language should be reviewed for comprehensive legal and strategic assessment.
