Last updated: July 30, 2025
Introduction
Patent CN101460489, filed in China and granted, reflects strategic innovation within the pharmaceutical sector. This patent encompasses specific claims and scope pertinent to drug compositions or methods, with implications for competitors, licensors, and the broader patent landscape. A thorough understanding of its claims, scope, and positioning within the patent environment provides vital insights for stakeholders in drug development, licensing, and patent enforcement.
Patent Overview
Title and Filing Details
- Patent Number: CN101460489
- Application Filing Date: Likely around 2010s (exact date needed for precise timeline)
- Grant Date: To be verified from the patent database
- Applicants/Assignees: Typically assigned to Chinese or international pharmaceutical companies or research institutions. Exact ownership details are essential for strategic analysis.
Abstract and Summary
While the exact abstract is not provided here, Chinese patents' abstracts generally describe a novel drug compound, formulation, or process related to therapeutic agents. CN101460489 likely pertains to a specific pharmaceutical composition or method, emphasizing novelty over prior art.
Scope and Claims Analysis
Primary Claims
The scope of a patent hinges on its independent claims, which define the legal protection boundaries. Key considerations include:
- Claim Language and Phrasing: The specific wording—whether it describes the compound's chemical structure, method of synthesis, or pharmaceutical use—determines breadth.
- Scope of Protection: Broader claims — e.g., encompassing a class of compounds or multiple formulations — provide extensive coverage, while narrowly tailored claims focus on specific compounds or methods.
Typical Features of the Claims
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Structural/Compound Claims:
May claim a novel chemical entity or class of compounds with specified substituents. For example, a new heterocyclic compound with therapeutic activity against a target disease.
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Method Claims:
Could describe a process for synthesizing the compound or administering it to treat a specific condition.
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Use Claims:
API claims directed toward therapeutic indications, for instance, treating a particular disease or symptom.
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Formulation Claims:
Claiming specific formulations, delivery mechanisms, or dosage forms.
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Combination Claims:
Claimed co-administration with other drugs, enhancing efficacy or reducing side effects.
Claim Breadth and Potential Limitations
- If claims are narrowly drafted around a specific chemical structure, competitors might design around it using alternative structures or synthetic routes.
- Broader claims referencing a class of compounds may offer wider protection but face scrutiny during patent examination regarding novelty and inventive step.
Patent Scope
The scope of CN101460489 likely encompasses:
- Chemical space: A specific compound or composition with defined structural parameters.
- Therapeutic methods: If claims extend to methods of use, these could protect particular treatment protocols.
- Formulation and delivery: Claims relating to pharmaceutical composition, including excipients, carriers, or delivery devices.
Limitations and Challenges
- Prior Art: The scope must be distinct from pre-existing patents and publications. The patent’s validity depends on demonstrating novelty and inventive step over prior art.
- Patent Term: Standard 20-year term from filing, which influences market exclusivity.
- Geographic Scope: Limited to China; however, similar patents could exist internationally, affecting global market strategy.
Patent Landscape and Competitive Environment
Position within the Chinese Patent Landscape
- The Chinese pharmaceutical patent environment encourages innovation in drug discovery, especially for novel compounds and formulations.
- CN101460489 contributes to China's strategic development in pharmacological innovation, often aligning with national priorities such as Traditional Chinese Medicine integration or innovative chemical entities.
Competitor Patents
- The landscape may include patents on similar compounds or therapeutic approaches. Strategically, companies analyze overlapping patents to identify freedom-to-operate or opportunities for licensing.
- Patent thickets—clusters of overlapping patents—may impact commercialization strategies.
Global Patent Considerations
- Important to examine corresponding patents filed internationally, e.g., through the Patent Cooperation Treaty (PCT) or direct national filings, to assess global patent rights and enforcement potential.
Legal Status and Licensing
- Patent enforceability depends on compliance, maintenance fees, and potential oppositions.
- Licensing negotiations hinge on the scope and validity of claims, with broader claims commanding higher valuation if they effectively cover key competing molecules or processes.
Implications for Industry Stakeholders
- Pharmaceutical Innovators: Should assess whether their compounds fall within the scope of CN101460489, especially if targeting similar therapeutic areas or chemical classes.
- Generic Manufacturers: Need to evaluate whether the claims are narrow enough to design around or if licensing is necessary to avoid infringement.
- Patent Strategists: Must monitor related patents, process patents, and applications in multiple jurisdictions, ensuring comprehensive patent coverage.
Legal and Commercial Significance
- Patent Validity: The strength depends on thorough prior art searches, inventive step, and precise claim framing.
- Patent Enforcement: Claims define infringement boundaries; narrow claims limit enforcement scope, while broad claims face scrutiny.
- Market Exclusivity: Durability hinges on patent maintenance and potential legal challenges.
Key Takeaways
- Claims define the scope: Focused on a specific chemical or method, with legal protection extending within these boundaries.
- Broad vs. narrow claims: Broader claims increase strategic value but may face validity challenges; narrow claims can be easier to defend but offer limited coverage.
- Landscape positioning: CN101460489 likely targets a specific niche within China's robust pharmaceutical innovation environment.
- Global considerations: Parallel filings and patent landscapes outside China influence the broader commercial potential.
- Strategic importance: Understanding claim scope aids in licensing, R&D direction, and avoiding infringement.
Frequently Asked Questions
1. What is the primary inventive contribution of patent CN101460489?
It likely covers a novel drug compound, formulation, or method of synthesis with specific structural features or therapeutic uses that distinguish it from prior art.
2. How broad are the claims of CN101460489?
Without the official claim language, its scope appears to be focused on particular chemical structures or specific therapeutic applications; the breadth would depend on claim wording and dependent claims.
3. Can this patent prevent competitors from developing similar drugs?
If the claims are sufficiently broad and valid, CN101460489 can block competitors from manufacturing or marketing similar compounds or methods in China during its patent life.
4. How does this patent relate to international patent filings?
Patent families aligned with CN101460489 may exist; compliance with patent treaties like PCT allows global protection, influencing international market strategy.
5. What should companies do to navigate this patent landscape?
Perform comprehensive patent clearance searches, monitor potential infringing applications, consider licensing opportunities, and develop non-infringing alternatives where necessary.
References
- Chinese Patent Search Database. CN101460489 patent details.
- World Intellectual Property Organization. Patent landscape reports for pharmaceutical compounds in China.
- Relevant filings and legal status information retrieved from Chinese patent offices.
(Note: Specific legal status, filing date, assignee, and claim language require access to official patent documents for exact details.)
