Last updated: August 5, 2025
Introduction
China Patent CN101406457 pertains to a specific inventive modality within the pharmaceutical domain, with a focus on novel drug compositions, methods, or formulations. An understanding of its scope, claims, and the overall patent landscape is vital for pharmaceutical companies, legal professionals, and researchers to assess its competitive standing, infringement risk, and innovation boundaries within the Chinese pharmaceutical patent ecosystem. This analysis synthesizes patent claim structures, scope, and the patent landscape surrounding CN101406457, providing actionable insights for stakeholders.
Patent Overview
CN101406457 was granted in China, filing around the early 2010s, and pertains to a distinct pharmaceutical formulation or a method of manufacturing a drug. Although the complete patent document details specific compositions or processes, the core scope generally relates to a novel combination of active ingredients, improved stability, efficacy, or bioavailability of a therapeutic agent.
The patent’s abstract suggests it covers a drug formulation for a particular condition or disease, with claims encompassing compositions, methods of preparation, and associated uses. The inventiveness likely hinges upon a unique technological advancement designed to optimize pharmacokinetics, reduce side effects, or enable manufacturing efficiencies.
Scope of Patent CN101406457
1. Patent Claims Analysis
The claims of CN101406457 can be classified into:
- Independent Claims: Define the broadest protective scope, often covering the core invention—such as a composition, method, or device.
- Dependent Claims: Narrower claims that specify particular embodiments, concentration ranges, or process parameters.
Key features of the claims:
- Composition Claims: Usually specify the active ingredients, their ratios or states (e.g., crystalline forms), and optional excipients. For example, a claim might cover a specific combination of a β-lactam antibiotic with an enhancer compound.
- Method Claims: Describe unique manufacturing processes, such as a novel synthesis method, formulation process, or delivery system.
- Use Claims: Encompass the therapeutic applications or indications of the drug, with claims directed towards specific diseases or conditions.
The scope is often centered on the novelty and inventive step of the combination or process. For example, if the patent claims a new pharmaceutical composition with increased bioavailability, the scope would include formulations with similar compositions but different concentrations or manufacturing methods, provided these do not fall outside the patent’s explicit language.
2. Claim Interpretation and Limitations
Chinese patent law emphasizes a broad interpretation of claims during infringement analysis, provided the scope is consistent with claim language and description. The claims likely cover:
- Specific molecular combinations for a drug.
- Packaging or delivery mechanisms.
- Manufacturing techniques with particular parameters.
Limitations are usually found in scope-defining language, such as specific percentages, temperature parameters, or method steps, which serve to narrow interpretations.
3. Patent Duration and Potential Challenges
Given its filing era, CN101406457’s patent term extends a standard 20 years from the filing date, likely expiring around 2029-2030. The patent may face challenges:
- Novelty or Inventiveness Risks: If prior art emerges claiming similar compositions or methods.
- Invalidation Actions: Due to alleged lack of inventive step or obviousness.
- Workaround Strategies: Developing alternative formulations or manufacturing processes outside the claim scope.
Patent Landscape and Competitive Context
1. Related Patents and Patent Families
The patent landscape includes:
- Family members and derivatives: Similar patents filed in other jurisdictions (e.g., US, EU, Japan) reflecting the assessed novelty.
- Therapeutic Area Patent Clusters: Multiple patents targeting similar drugs or indications, with overlapping claims or complementary claims creating a complex patent thicket.
- Patent Resolutions and Litigation: Any known disputes, licensing agreements, or patent challenges concerning CN101406457 inform its enforceability and strategic importance.
2. Prior Art and Patent Search Findings
Analyzing prior art reveals:
