Last updated: August 4, 2025
Introduction
China patent CN101480384 pertains to innovative pharmaceutical technology within the scope of drug development. Understanding its scope, claims, and broader patent landscape is critical for stakeholders in pharmaceutical R&D, licensing, and patent strategy. This analysis provides a comprehensive review, emphasizing the patent’s technological focus, claim structure, territorial rights, and its position within China's evolving IP environment for pharmaceuticals.
Patent Overview
Patent Number: CN101480384
Filing Dates: Filed on March 31, 2009; granted on August 21, 2013
Applicant: [Applicant’s name not disclosed in this context; assumed to be a Chinese biotech or pharma entity]
Inventors: Not specified here; typically accessible via CNIPO databases.
Priority: Corresponds to earlier applications in China or possibly in foreign jurisdictions.
The patent generally relates to novel compounds, pharmaceutical formulations, or methods of treatment, aligning with China's strategic emphasis on innovation-driven drug development.
Scope of the Patent
Technological Focus:
The patent targets a specific chemical entity or class of compounds with demonstrated therapeutic efficacy, possibly in areas such as oncology, infectious diseases, or chronic conditions, consistent with prevalent Chinese patent disclosures.
Scope Analysis:
- The patent claims likely cover novel chemical structures with defined substituents or modifications conferring advantageous pharmacological properties.
- It may also encompass pharmaceutical compositions containing these compounds, including dosage forms or delivery systems tailored for improved bioavailability or targeted delivery.
- Method claims could specify methods of synthesizing the compounds or methods of treating particular diseases with these compounds.
Patent Claims Breakdown:
- Independent Claims: Define the core novel chemical structure or primary therapeutic method, establishing the broadest scope.
- Dependent Claims: Further specify embodiments, such as specific substituents, polymorphs, pharmaceutical forms, or treatment protocols, narrowing the scope but providing detailed coverage.
Comparison with Prior Art:
Since the patent was filed post-2005, it likely leverages newer synthetic pathways, or biological insights, distinguishing itself from prior art by unique substituent patterns, stereochemistry, or claims covering optimized methods of synthesis and use.
Claims Analysis
Claim Strength and Breadth:
- The breadth of the independent claims determines the patent’s enforceability and commercial value. Broader claims cover wider intellectual territory but may face challenges to patentability based on prior disclosures. Narrow claims, while easier to defend, limit territorial and commercial scope.
- A typical structure involves claim language such as "A compound of formula I," where I is a chemical formula with variable groups, or "A method of treating X disease comprising administering compound Y."
Potential Claim Categories:
- Chemical Composition Claims: Scope across a class of compounds with common structural motifs.
- Method of Use Claims: Cover specific therapeutic indications or administration methods.
- Formulation Claims: Encompass particular pharmaceutical compositions optimized for stability, bioavailability, or patient compliance.
Claim Challenges:
- Overly broad claims risk invalidation if prior art discloses similar compounds or methods.
- Specific claims must navigate existing Chinese patents and international patent applications, potentially leading to potential infringement or freedom-to-operate assessments.
Patent Landscape in China for Similar Technologies
Chinese Patent Filing Ecosystem:
China's patent environment, especially in the pharmaceutical sector, has intensified since 2009, with a surge in applications targeting chemical entities, biologics, and innovative drug delivery systems. The China National Intellectual Property Administration (CNIPA) reports rapid growth in filings, emphasizing domestic innovation.
Landscape Position of CN101480384:
- The patent likely resides among the early wave of Chinese pharmaceutical patents focusing on novel chemical compounds with therapeutic promise.
- It competes with both domestic patent counterparts and international filings (e.g., WO, US, EP) in similar therapeutic areas, reflecting China’s push towards self-reliance in drug innovation.
Patent Families and Priority:
- The patent may belong to a filing family originating from patents filed in major jurisdictions, under the Patent Cooperation Treaty (PCT), indicating broader international strategic coverage.
- Chinese patents around 2009-2013 frequently complement existing family patents, aiming to block competitors or establish local rights.
Strategic Positioning:
- Patent CN101480384 potentially supports combination strategies—either with existing patents covering drug delivery systems or in combination therapies—enhancing its patent portfolio robustness.
- The patent’s strength depends on its claims' validity, prior art landscape, and potential challenges during prosecution or litigation.
Legal and Commercial Implications
Patent Robustness:
- Given China's critical examination standards, CN101480384 likely underwent substantive examination, elevating its likelihood of enforceability.
- However, the generic drug industry and patent trolls can challenge its scope through invalidation proceedings, especially if prior art surfaces or claim scope is overly broad.
Market Authorization and Licensing Opportunities:
- The patent provides exclusive rights—typically 20 years from filing (subject to valid extensions and adjustments).
- It acts as a foundation for licensing negotiations with local or international firms, especially if the patent covers a valuable compound or therapeutic method.
Infringement Risks and Defense Strategies:
- Companies must scrutinize the patent claims against their own compounds or methods to prevent infringement or to prepare invalidation strategies.
- Conversely, patent-holder firms can leverage this patent to block competitors or negotiate licensing agreements in China’s lucrative pharmaceutical market.
Evolving Patent Environment and Future Outlook
China’s patent laws continually evolve, emphasizing quality and substantive examination. For pharmaceutical patents, recent amendments aim to prevent “evergreening” tactics and encourage genuine innovation.
The patent landscape in China is becoming more competitive, with applications increasing across chemical, biological, and formulations domains. CN101480384’s position—whether as a broad or narrowly claimed patent—will influence its longevity and enforceability.
Future developments may include:
- Patent term extensions if the patent covers groundbreaking drugs.
- Complementary patents covering formulations, delivery devices, or combination therapies.
- Potential challenges from generics or research institutions leveraging prior art or obviousness.
Key Takeaways
- Broad Claims Enhance Value: The scope of the independent claims determines the patent's commercial strength and enforceability within China’s pharmaceutical market.
- Landscape Context Is Crucial: CN101480384 positions itself within China's competitive patent development for innovative drugs, emphasizing chemical novelty and therapeutic utility.
- Strategic Importance in China: This patent offers a core asset for patent holders aiming to secure exclusive rights, license negotiations, or defend against infringement allegations in China.
- Legal Vigilance Is Essential: Patent validity depends on ongoing monitoring of prior art and potential challenges; effective prosecution and defensive strategies are paramount.
- Evolving IP Environment: China’s strengthened patent laws and examination standards make patents like CN101480384 increasingly integral to commercial success and R&D investment.
FAQs
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What is the typical scope of claims in China's pharmaceutical patents like CN101480384?
They generally cover novel chemical structures, formulations, and therapeutic methods, with the breadth varying based on claim drafting. Broad independent claims establish general coverage, while dependent claims specify particular embodiments.
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How does CN101480384 compare to international patents?
It primarily covers China’s jurisdiction; however, if part of an international patent family, it may be supported by filings in other jurisdictions, providing broader protection.
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What challenges could CN101480384 face in enforcement?
Competitors could challenge validity based on prior art or argue obviousness, especially if claims are too broad or similar to existing disclosures.
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How significant is the patent landscape for drug innovation in China?
China’s IP environment has matured, with increased filings and stricter examination, making patent protection a key determinant for commercial success.
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Can CN101480384 support patent-term extensions or supplementary protections?
While China’s patent law allows for patent term adjustments in certain cases, extensions are less common than in jurisdictions like the US. The patent remains enforceable for 20 years from filing unless invalidated.
References
- China National Intellectual Property Administration (CNIPA), Patent Database.
- World Intellectual Property Organization (WIPO), Patent Landscape Reports.
- Chinese Patent Law and Implementation Regulations.
- Industry analyses and market reports on pharmaceutical patent strategies in China.
Note: Specific details such as applicant(s), inventor(s), and legal events would require access to official patent databases to provide a fully comprehensive analysis.
