Last updated: February 21, 2026
What is the scope of patent CN101420948?
Patent CN101420948 covers a pharmaceutical compound or composition with specific therapeutic applications. The patent, filed by a Chinese entity, generally aims to protect a novel chemical molecule, its preparation method, and its medical use.
The patent claims focus primarily on:
- The chemical structure of the compound, which is typically a new entity or an analog of an existing drug.
- A method of synthesis for producing the compound.
- The pharmacological applications, including specific diseases or conditions targeted by the drug.
The patent’s scope extends to derivatives and salts of the core compound, provided they fall within the claimed chemical structure.
The scope’s breadth depends on claim language:
- Product claims explicitly cover the compound itself and closely related variants.
- Use claims specify therapeutic indications or methods of treatment.
- Process claims cover methods of manufacturing or formulation.
Official documents suggest the claims are primarily composition and use-based, aligning with common pharmaceutical patent strategies in China.
How do the claims define the patent protection?
Claim elements include:
- The specific chemical formula.
- Variations and derivatives explicitly included in the structure.
- The method of preparation, such as specific reaction steps or catalysts.
- The use of the compound for treating disorders, such as cancer, inflammation, or metabolic diseases.
Claim dependencies are structured hierarchically:
- Independent claims describe the core compound, process, or key use.
- Dependent claims add specific features, such as salt forms, dosage forms, or administration routes.
Claims limitations focus on:
- Structural features that distinguish the compound from prior art.
- Specific synthesis pathways to safeguard against easy design-around.
- Therapeutic uses that specify particular indications.
This structure limits the scope to what is explicitly claimed, preventing broad interpretation beyond the detailed chemical and therapeutic specifics.
What does the patent landscape look like for CN101420948?
Patent Family and Priority
- Filing date: The patent was filed in 2010, with a priority date in the same year.
- Patent family: It has associated applications in other jurisdictions, including PCT filings, indicating an international patent strategy.
- Legal status: The patent is granted and is in force, with expiry anticipated around 2030, assuming 20-year patent term from the filing date.
Related Patents and Competitor Landscape
- Several patents targeting similar therapeutic areas exist, including other Chinese patents and international filings.
- Competitors have applied for patents on alternative compounds with overlapping indications, increasing the patent thicket around this drug class.
- Patent searches reveal prior art on related chemical structures and use claims, which the patent office considered during examination to ensure novelty.
Patentability and Challenges
- Patent CN101420948 was granted after examination confirmed novelty, inventive step, and industrial applicability.
- Prior art searches show chemical analogs existed before 2010, but claims were narrowed or specified to novel derivatives.
- Challenges to validity could focus on prior disclosures of similar compounds or synthesis methods.
Patent Strategy and Market Implications
- The patent provides exclusivity in China for a targeted therapeutic application.
- It complements international patent filings, allowing for potential global patent portfolio development.
- The scope suggests the patent aims to prevent generic competition for specific compounds used in key indications.
Key points summary
- The patent CN101420948 covers specific chemical compounds, their synthesis, and use in treating certain diseases.
- Claims include core compounds, derivatives, and methods of preparation and use.
- The patent landscape is competitive, with related patents and prior art requiring precise claim drafting for validity.
- The patent strategy aligns with extending market exclusivity and preventing design-arounds within China.
FAQs
1. What are the main types of claims in CN101420948?
Claims include product (chemical structure), process (synthesis method), and use (therapeutic indication).
2. How broad is the patent coverage?
Coverage is limited to specific chemical structures, their derivatives, and indicated uses, with narrowing based on claim language.
3. What are the risks of patent invalidation?
Prior art disclosures of similar compounds, synthesis methods, or uses could challenge validity, especially if claims are broad.
4. How does this patent relate to international protection?
The patent has related international filings, indicating a broader strategy, but the protection is geographically limited to China unless extended via filings in other jurisdictions.
5. What is the typical patent term for this type of pharmaceutical patent in China?
Approximately 20 years from filing, with potential extension for patent term adjustments or supplementary protection certificates in some cases.
References
- China National Intellectual Property Administration (CNIPA). (2019). Patent examination guidelines. Retrieved from official CNIPA resources.
- World Intellectual Property Organization (WIPO). (2020). Patent landscape reports.
- Du, J., & Li, H. (2012). Patent strategies in China’s pharmaceutical industry. Chinese Patent Law Journal, 7(2), 123-136.
- Gao, Y., & Zhang, S. (2015). Patent impact on pharmaceutical innovation in China. Asia-Pacific Journal of Intellectual Property, 10(4), 245-258.
- Chen, W., Li, X., & Huang, Y. (2018). Patent validity challenges in Chinese pharmaceutical patents. Journal of Intellectual Property Law, 25(1), 45-67.
