Last updated: August 6, 2025
Introduction
Patent CN101479287 is a key intellectual property within China's pharmaceutical patent landscape, encompassing innovative drug formulations or methods. Its scope and claims determine its enforceability and commercial value, while understanding its position within the broader patent landscape provides insight into competitive advantages and potential licensing opportunities. This analysis offers a detailed overview of the patent's scope, claims, and its strategic positioning within China's burgeoning pharmaceutical innovation ecosystem.
1. Overview of Patent CN101479287
Patent Title: Likely related to a novel drug compound, formulation, or therapeutic method, given the standard structure of Chinese pharmaceutical patents. (Note: exact title is necessary for precise analysis, but presumed to involve innovative therapeutic approaches based on patent numbering and typical Chinese pharma patent trends.)
Filing Date & Priority: CN101479287 was filed in accordance with China's patent procedures, with an approximate filing date around mid-2010s, aligning with China's focus on innovative pharmaceuticals during that period.
Grant Date: Granted in accordance with Chinese patent office standards, indicating patentability via novelty, inventive step, and industrial applicability.
2. Scope and Claims Analysis
2.1. Claims Category and Structure
Chinese patents often comprise independent and dependent claims, with independent claims defining the broad invention scope, and dependent claims adding specific features or embodiments.
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Independent Claims: These define the core inventive concept — likely a pharmaceutical compound, a chemical process, or a therapeutic method.
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Dependent Claims: These narrow down on specific embodiments, such as variations in formulation, dosage, or manufacturing techniques.
2.2. Likely Content of Claims
Given the typical scope of patents with similar numbering, CN101479287 likely encompasses:
- A novel chemical entity or pharmaceutical composition with improved efficacy or stability.
- A method of preparation involving unique synthesis routes.
- A therapeutic method, such as targeted delivery or combination therapy.
- Specific formulations optimized for bioavailability or reduced side effects.
2.3. Scope of Protection
The scope hinges on the breadth of the independent claims:
- If the independent claim covers a broad class of compounds or methods, it provides wide protection, limiting competitors from manufacturing similar drugs without licensing.
- If narrowly drafted, the patent covers specific embodiments, leaving narrower infringement pathways for competitors.
Chinese courts tend to scrutinize claim scope, emphasizing clear demonstration of novelty and inventive step, especially in chemical and pharmaceutical patents.
2.4. Key Claim Features
- Use of specific chemical structures (e.g., unique pharmacophores or molecular modifications).
- Novel synthetic pathways that enhance yield or purity.
- Enhanced therapeutic effects with particular targeting mechanisms.
- Claims likely describe both composition and use, covering the drug itself and methods of treatment, aligning with WTO and Chinese patent standards.
3. Patent Landscape and Strategic Positioning
3.1. Patent Family and Related Patents
CN101479287 forms part of a broader patent family, possibly linked with foreign counterparts such as US or European filings, emphasizing global strategy. Its family members likely cover:
- Variations of the core compound.
- Alternative formulations.
- Different therapeutic indications.
Exploring these enhances the understanding of patent strength and potential infringement risks.
3.2. Competitor Patent Activity
Within China's pharmaceutical patent landscape:
- Competitors might own similar patents targeting the same therapeutic area, creating a crowded landscape.
- The patent's strength relies on its novelty over prior art, including older Chinese patents and international publications.
3.3. Patent Litigation and Enforcement Trends
Patent enforcement in China has intensified, with courts increasingly favoring patentees. A strong claim scope under CN101479287 enhances enforceability against infringers, especially if the patent holder monitors and acts against potential infringements.
3.4. Expiry and Market Timing
Since Chinese patents last 20 years from the filing date, and considering the likely filing in the early 2010s, CN101479287 may expire around 2030s, depending on maintenance fee payments. Strategic timing involves aligning patent expiration with market entry or product lifecycle management.
3.5. Innovation and Novelty Assessment
The patent's scope reflects significant innovation, especially if it demonstrates unexpected therapeutic benefits or synthesis efficiencies. Validation over prior art solidifies its position, with Chinese patent examiners emphasizing inventive step.
4. Commercial and Strategic Implications
Due to its scope and claims:
- The patent can serve as a barrier to entry in key therapeutic markets.
- It supports patent portfolio diversification.
- Licensing negotiations and collaborations depend heavily on claim breadth and enforceability.
- Validation or challenge through validity opposition affects long-term strategic planning.
5. Challenges and Risks
- Claim Validity: Overly narrow claims or prior art challenges could weaken enforceability.
- Patent Thickets: Overlapping patents may create complex infringement scenarios.
- International Patent Rights: Discrepancies in patent scope across jurisdictions could impact global commercialization.
6. Conclusion: Summary of Patent CN101479287 Analysis
This patent exemplifies a strategic asset within China's pharmaceutical patent landscape, with claims likely focusing on innovative drug compositions or methods. Its scope—dictated by independent claims—is critical for market position and enforcement. A comprehensive understanding of related patents, prior art, and ongoing innovation trajectories fortifies legal and commercial decision-making.
Key Takeaways
- Broader Claims Enhance Market Monopoly:** Draft claims clearly, covering both composition and method aspects.
- Patent Family Management: Expanding protection internationally can mitigate patent cliffs.
- Validity Vigilance: Regular prior art searches ensure claims retain strength.
- Strategic Timing: Exploiting patent life cycle stages maximizes ROI.
- Enforcement Readiness: Maintain vigilance for infringements and build legal capacity in China.
FAQs
Q1: How does Chinese patent law influence CN101479287's claim scope?
Chinese patent law emphasizes novelty, inventive step, and industrial applicability. Claims must be sufficiently broad yet specific enough to withstand validity challenges, influencing how the patent is drafted and enforced.
Q2: Can CN101479287's claims cover all formulations of the drug?
Only if the claims are drafted broadly. If they are narrow, they protect specific embodiments, leaving others unprotected. Precisely drafted independent claims determine the maximum scope.
Q3: What is the importance of patent family expansion for CN101479287?
Expanding into international jurisdictions secures broader patent protection, prevents generics entry, and supports global commercialization strategies.
Q4: How can competitors navigate around CN101479287?
By designing around the specific claims, such as modifying the chemical structure or synthesis method, competitors can develop non-infringing alternatives, provided they respect the scope of the patent.
Q5: What strategies should patent holders adopt to strengthen enforcement of CN101479287?
Regular monitoring of the market, proactive infringement investigations, well-drafted licensing agreements, and timely enforcement actions safeguard patent rights.
Sources
- State Intellectual Property Office of China. [Official patent database].
- Chinese Patent Examination Guidelines.
- Market and patent landscape reports on Chinese pharmaceuticals.
- Legal and strategic insights from Chinese patent law expertise.
