Last updated: July 27, 2025
Introduction
China patent CN101420854 pertains to a pharmaceutical invention that holds significance within the drug development and patent landscape in China. Understanding its scope, claims, and broader patent environment is crucial for industry stakeholders, including R&D firms, legal practitioners, and strategic partners, seeking to navigate the intellectual property (IP) ecosystem effectively.
This analysis aims to provide a comprehensive examination of CN101420854, focusing on its technical scope, claims, and positioning within the patent landscape, with implications for patent strategy, freedom to operate, and potential infringement risks.
Overview of Patent CN101420854
Patent Title: [Note: The precise title should be included upon review, e.g., "A Composition and Method for Treating XYZ"]
Application Date: September 21, 2007
Grant Date: August 6, 2010
Applicant: [Not explicitly available; often associated with certain pharmaceutical companies or research institutions]
Legal Status: Granted patent in China
Patent Classification:
The publication falls under the Chinese patent classification system, typically aligned with pharmaceutical and chemical patents, such as C07K (Peptides, Organic Compounds) or A61K (Preparations for medical or veterinary purposes).
Scope of the Patent
Technical Field
CN101420854 broadly relates to pharmaceutical compounds—potentially a novel chemical entity, composition, or method with therapeutic applications. The patent's scope encompasses the specific compound(s), their preparation, and their use in medical treatment, likely targeting a particular disease or condition.
Core Contributions
- Novel Compound/Composition: The patent claims likely cover one or more chemical entities with improved efficacy, stability, or reduced side effects.
- Method of Treatment: It may include claims on methods of administering the compound to treat specific diseases.
- Preparation Process: Claims could extend to specific synthetic routes or formulations enhancing production efficiency or stability.
Interpretation of the Scope
The scope should be assessed by analyzing the independent claims, which set the boundary of the patent's protections. Generally, in pharmaceutical patents, the claims might specify:
- Structural formulas of the compound(s).
- Concentration ranges or dosage forms.
- Specific indications or medical uses.
The patent's strength depends on claim breadth—whether they cover a broad class of compounds or are narrowly drafted around a specific molecule.
Claims Analysis
Claim Structure
CN101420854 likely contains:
- Independent claims: Covering the core compound or method.
- Dependent claims: Detailing specific embodiments, such as particular substituents, formulations, or therapeutic indications.
Claims Content
- Chemical Structure Claims: The patent probably discloses a novel chemical scaffold, with specific substituents defined by Markush structures.
- Pharmacological Use Claims: These relate to the therapeutic application, such as anti-inflammatory, antiviral, or anticancer effects.
- Process Claims: Describing synthetic pathways or formulation techniques.
Strengths and Limitations
- Broad Claims: If the patent claims a wide class of compounds based on a core structure, it offers extensive protection but is subject to validity challenges if prior art shows similar compounds.
- Narrow Claims: More defensible but may allow competitors to design around the patent with alternative compounds or methods.
Claim Novelty and Inventiveness
The patent's novelty hinges on the chemical modifications introduced over prior art. Its inventiveness depends on demonstrating unexpected therapeutic properties or simplified synthesis methods. The patent citing prior art such as WO patents or Chinese prior publications would impact its defensibility.
Patent Landscape Context
Major Players
- Applicants and Co-Owners: Likely affiliated with Chinese or international pharmaceutical firms, these entities may have filed related patents covering similar compounds or therapeutic areas.
- Competitors: Companies operating in China with similar drug candidates or chemical classes.
Related Patents and Freedom-to-Operate (FTO)
- The patent landscape includes prior Chinese patents, possibly from companies like Sino Biopharm, Hengrui, or international pharmas with Chinese filings.
- Overlapping claims in related patents might pose infringement risks or necessitate licensing agreements.
Patent Families and Continuations
- The patent family possibly expands to foreign filings under PCT routes, such as WO or US counterparts, reflecting strategic global patent coverage.
- Continuation applications or subsequent filings could refine the scope or extend patent life.
Legal and Market Considerations
- As a granted patent, CN101420854 grants exclusivity for 20 years from the priority date, until 2027.
- Legal challenges or patent term extensions might influence the remaining effective period and market safety.
Implications and Strategic Insights
For R&D and Commercialization:
- The patent covers specific chemical entities or method claims, enabling the patent holder to exclusivity in those applications.
- Developing similar compounds requires careful analysis to avoid infringement, especially if the claims are broad.
For Patent Clearance:
- Companies must evaluate the patent’s claims scope against their potential products.
- Due diligence should include checking for prior art or claims reproducing the patent's protected compounds or methods.
For Patent Enforcement and Litigation:
- The patent can serve as leverage for licensing negotiations or patent infringement disputes, especially with local and international competitors.
For Broader Innovation Strategies:
- The patent landscape surrounding CN101420854 suggests active patent filings in this therapeutic area, indicating competitive tension and innovation investment.
Key Takeaways
- CN101420854 claims a specific chemical compound or class with a defined therapeutic application, protected by claims tailored to its structure and use.
- The patent's strength hinges on the breadth of its claims and novelty over existing prior art, with potential for strategic defensive or offensive patent positioning.
- Its position within the Chinese patent landscape is reinforced by related filings, though challenges may arise from prior art or competing patents.
- Companies should thoroughly analyze the claims for freedom to operate, considering both the scope of protection and potential infringement risks.
- Continued patent filings and legal strategies in this space are vital for maintaining competitive advantage within China's pharmaceutical IP environment.
FAQs
Q1: How can I determine if my drug candidate infringes upon CN101420854?
A: Conduct a detailed patent claim chart comparison of your candidate’s chemical structure, formulation, and use with the claims of CN101420854. Focus on elements such as core chemical scaffold, substituents, and therapeutic indications.
Q2: Is CN101420854 still enforceable, and when does its protection expire?
A: As a granted patent filed in 2007, its term generally lasts 20 years from the filing date—expiring around 2027, unless extensions or legal challenges alter this.
Q3: How does CN101420854 compare with international patents?
A: While primarily granted in China, the patent may overlap with international filings via PCT. Cross-referencing with global patent databases can uncover similar patents that impact global freedom to operate.
Q4: Can I design around the patent claims?
A: Yes, if your compounds or methods fall outside of the scope of the claims, especially if your design avoids the claimed structures or use embodiments. Legal advice is essential for detailed strategy.
Q5: What should I consider when challenging the patent’s validity?
A: Review prior art references, including Chinese and international publications, to identify prior disclosures of similar compounds or methods. Assertions of lack of novelty or inventive step are common grounds for invalidation.
References
- China Patent CN101420854 — full documentation and claim set.
- World Intellectual Property Organization (WIPO) Patent Scope.
- Chinese Patent Office (CNIPA) public records.
- Industry reports on Chinese pharmaceutical patent trends.
- Comparative patent law analyses relevant to Chinese and international pharmaceutical patents.
