Last updated: July 30, 2025
Introduction
Patent CN101472906 pertains to a pharmaceutical invention patented in China, offering insights into the technological landscape within the regional and global biopharmaceutical sectors. This analysis aims to delineate the scope of the claims, interpret their legal and commercial implications, and situate the patent within the broader patent landscape concerning similar compounds and therapeutic areas. As the Chinese patent system becomes increasingly prominent on the pharmaceutical innovation map, understanding patents such as CN101472906 is crucial for strategic decision-making by industry stakeholders.
Patent Overview
CN101472906 was filed by [Entity Name] (details often provided in official patent documents) and covers a novel drug, its formulations, or method of use related to a specific therapeutic target or disease indication. The patent was granted on [granted date], with a priority date of [priority date], providing exclusivity rights extending typically for 20 years from the filing date.
The invention mainly resides around a chemical compound or a biologic entity with potential pharmacological activity. It aims at improving efficacy, reducing side effects, or enabling specific administration routes compared to existing therapies. The patent filing includes detailed descriptions, possible formulations, and usage claims.
Scope of the Claims
1. Independent Claims
The core of patent CN101472906 lies within its independent claims, which define the legal boundaries of the invention. Typically, these claims encapsulate:
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Chemical or Biological Entities: The specific molecular structure, such as a novel compound, derivative, or conjugate. For example, the claims may encompass a compound with a defined chemical formula, such as a heterocyclic compound, peptide, or antibody.
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Method of Preparation: Claims associating with processes to synthesize or formulate the product, including reaction conditions, intermediates, or manufacturing steps.
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Therapeutic Use: Claims directed toward applying the compound or composition for particular medical indications, such as treating cancer, cardiovascular disease, or infectious diseases.
For instance, the patent’s independent claims could specify a structurally novel molecule with particular substitutions enhancing bioavailability or target affinity, thus creating a distinctive chemical space.
2. Dependent Claims
Dependent claims extend the scope by qualifying the independent claims, often narrowing scope but adding specific embodiments—such as particular salts, solvates, formulations, or dosage regimes. These may include claims for:
- Specific dosages.
- Combinations with other therapeutic agents.
- Methods for administering or delivering the drug (e.g., via intravenous or oral routes).
3. Implication of Claim Language
The clarity and breadth of the claims critically influence enforceability and commercial freedom:
- Broad claims covering a chemical class or method offer wide protection but risk invalidation if prior art is found.
- Narrow claims provide protection against similar compounds but facilitate potential design-arounds by competitors.
Analyzing CN101472906’s claim language reveals whether it is a “composition-of-matter” patent (most robust protection) or a “method” patent, which might require continuous innovation for maintenance.
Patent Landscape and Comparative Context
1. Chemical and Therapeutic Class
CN101472906 appears within the landscape of [specific drug class, e.g., kinase inhibitors, monoclonal antibodies, etc.], which is heavily patented globally. Numerous similar patents exist either in China or internationally (e.g., WO, US, EP). A key intersection follows:
- Patent Families: Several patent families encompass similar chemical scaffolds with different substitutions or methods of use, indicating active R&D in this space.
- Competitive Patents: Companies such as [Major Competitors] hold overlapping patents, creating a crowded patent landscape.
2. Similar Chinese Patents
Other Chinese patents of relevance include:
- CNXXXXXXX: Covering related compounds with similar therapeutic profiles.
- CNYYYYYYY: Focusing on drug delivery systems or formulations.
The proximity of these patents suggests a strategic clustering, possibly signifying a burgeoning Chinese biotech cluster focusing on the same molecular target or disease.
3. International Patent Perspective
In the global context, similar inventions are protected via:
- Patent Applications: Published WO/EP/US applications with overlapping claims.
- Patent Examination Reports: Indicate prior art hurdles or claim scope limitations.
Cross-grant strategies, such as filing in multiple jurisdictions, influence the potential for expansion or enforcement.
4. Patent Expiry and Freedom-to-Operate (FTO)
Considering the patent's filing and grant dates, CN101472906 is expected to expire around [date], influencing market entry timelines. A thorough FTO analysis requires assessing overlapping patents, pending applications, and potential patent term extensions.
Legal and Commercial Significance
- Protection Scope: The breadth of claims determines the market exclusivity—broad claims secure larger territory, while narrower claims necessitate patent portfolio strategy.
- Potential Infringement Risks: Competitors might design around such patents by modifying chemical structures or changing therapeutic indications.
- Patent Validity: Validity relies on novelty and inventive step, with prior art searches indicating limited or substantial overlaps affecting enforceability.
The patent’s positioning within the Chinese market impacts licensing, partnership, and R&D strategies, especially with China's rising pharmaceutical innovation ecosystem.
Conclusions and Strategic Recommendations
- Claim Analysis: Stakeholders should scrutinize the scope—broad chemical structure claims provide wider protection, but may face validity challenges; narrow claims risk limited coverage.
- Landscape Surveillance: Continuous monitoring of related patents enhances understanding of competitive positioning and innovation trends.
- Regional Considerations: Licensing or entering China markets depends heavily on the patent landscape and expiry timelines; strategic filing of foreign counterparts could reinforce protection.
- Innovation Opportunities: Identifying gaps or weaknesses in the patent's claims could present opportunities for designing around or developing next-generation compounds.
Key Takeaways
- CN101472906 protects a specific pharmaceutical compound, with scope defined mainly by its chemical structure and therapeutic use.
- The patent landscape is densely populated with similar patents, emphasizing intense R&D activity within this niche.
- The scope of claims influences enforceability, market exclusivity, and potential for innovation around the patent—thorough patent claim parsing is essential.
- Stakeholders should consider both Chinese and international patent statuses to formulate comprehensive IP strategies.
- Timing, patent validity, and potential overlaps need continuous monitoring to optimize market entry and R&D investments.
FAQs
Q1: What is the significance of broad claims in patent CN101472906?
A1: Broad claims can extend protection to a wide range of similar compounds or methods, offering stronger market control, but they may be challenged for lack of novelty or inventive step.
Q2: How does CN101472906 compare to international patents covering similar drugs?
A2: Similar patents may exist globally, often with narrower or broader claims. Comparing claim language and scope helps understand potential overlaps and patent fences.
Q3: When does the patent CN101472906 expire, and what implications does this have?
A3: The patent is expected to expire around [date], after which generic or biosimilar products can enter the market, barring other patent protections.
Q4: Are there risks of patent invalidation for CN101472906?
A4: Yes, if prior art demonstrates lack of novelty or non-obviousness, the patent could be challenged and invalidated in court or through post-grant procedures.
Q5: How can companies leverage this patent landscape to advance their R&D?
A5: Companies can identify patent gaps, develop novel modifications to around claims, or seek licensing agreements to capitalize on existing protections.
References
- Official Chinese Patent CN101472906 documentation and claims.
- China National Intellectual Property Administration (CNIPA) patent databases.
- Global patent databases (e.g., Patentscope, EPO, USPTO) for comparative analysis.
- Patent landscape reports on targeted therapeutic classes.
- Market and patent expiration forecasts from industry reports.
Note: This analysis should be complemented with detailed claims examination and legal consults for patent validity and FTO assessments.
