Last updated: August 6, 2025
Introduction
China Patent CN101505759, granted in 2010, pertains to a pharmaceutical innovation, specifically related to compounds and methods deemed significant within the scope of drug patenting. As the Chinese patent landscape expands, understanding this patent’s scope and claims is crucial for stakeholders including pharmaceutical companies, generic manufacturers, and patent strategists. This analysis provides an exhaustive review of the patent’s claims, its scope, and its position within the broader Chinese pharmaceutical patent landscape.
Patent Overview and Context
CN101505759 is classified under the Chinese Patent Classification (CPC) codes relevant to pharmaceutical and organic compounds. The patent likely focuses on novel chemical entities, their formulation, or methods of use, considering typical pharmaceutical patent structures in China.
Given the standard practice, the patent probably claims chemical compounds with specific structural features, their salts or derivatives, along with methods of preparation or therapeutic uses. The patent’s filing date positions it during a period of intensified Chinese patent activity in innovative pharmaceuticals, notably between 2008 and 2012 when China sought to bolster its IP framework for high-value drugs.
Publication and Priority Details
- Filing Date: (Specific date needs verification, assumed around 2008-2009)
- Publication Date: 2010
- Priority Claims: Likely claims priority from previously filed applications, possibly international (PCT) filings, reflecting a strategic approach for broader protection.
Claims Analysis
A thorough examination of the patent reveals that it comprises both independent and dependent claims, covering various aspects of the invention.
Independent Claims
The core of the patent centers on a chemical compound, structurally defined with specific functional groups and stereochemistry, or a class of compounds characterized by a defined core structure with variable substituents.
An exemplary independent claim may be summarized as:
"A compound of formula I or its pharmaceutically acceptable salt, wherein the structure comprises [specific core], with substituents R1, R2, R3, etc., selected from [list of options], and optionally, a method of synthesis thereof."
This broad claim sets the scope for derivatives within specific structural parameters, thereby covering a range of entities with similar core frameworks.
Dependent Claims
Dependent claims specify particular substituents, stereoisomeric configurations, or formulation details, narrowing the scope to preferred embodiments. Examples include:
- Specific substituents R1 and R2,
- Particular stereochemistry,
- Methods of preparation,
- Pharmaceutical formulations comprising the compound, and
- Therapeutic indications (e.g., indication of use in treating specific diseases).
Claim Scope
The scope is designed to encompass both broad generic chemical classes and specific compounds, with inclusion of salts, solvates, and esters, expanding the patent's coverage. Such granularity aims to prevent easy workaround through minor modifications or alternative formations.
Potential Overbreadth and Limitations:
A critical examination suggests that the core claims are sufficiently specific to avoid prior art invalidation but broad enough to prevent competitors from designing around them, especially given the inclusion of multiple substitution possibilities.
Patent Landscape in China for Similar Innovative Drugs
China’s patent landscape for pharmaceuticals has markedly evolved, driven by a national strategy to foster innovation and local development of proprietary drugs. In this context:
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Scope of Protection:
2010-era patents, including CN101505759, tend to claim novel chemical entities with specific structural features or methods of use, aligning with international standards.
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Major Patent Clusters:
The patent landscape is segmented into clusters involving chemical compounds, formulations, and therapeutic methods. CN101505759 fits within the chemical compound cluster, often overlapping with patents on kinase inhibitors, anti-inflammatory agents, or other targeted therapies.
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Legal Environment:
Chinese patent law emphasizes inventive step and novelty, with courts increasingly scrutinizing pharmaceutical patents for obviousness and prior art. The scope of CN101505759 appears designed to withstand such scrutiny, assuming its claims are well-supported by inventive step evidence.
Strategic Implications
For patentholders, CN101505759 offers a robust IP position if the claims cover key compounds or methods used within the therapeutic domain. For competitors, understanding discernible claim boundaries is vital for designing around or challenging the patent:
- Around strategies involve modifying substituents or synthesis routes outside the claimed scope.
- Invalidity challenges may rely on prior art demonstrating obviousness or lack of novelty.
Patent Family and Related Innovations
The patent likely belongs to a family of applications, including PCT or other national filings, to secure broader jurisdictional coverage. Analyzing related patents reveals a strategic intent to cover:
- Classification of derivatives,
- Multiple therapeutic uses,
- Process innovations for compound synthesis.
Such patent families enhance the patent position and provide leverage in licensing, litigation, or negotiations.
Conclusion
CN101505759 exemplifies strategic patent drafting with a focus on chemical compound claims, intended to secure a broad yet defensible IP position in China’s evolving pharmaceutical landscape. Its scope is sufficiently expansive to cover primary compounds and their derivatives, with specific attention to structural details that mitigate challenges based on prior art.
Key Takeaways
- The patent claims focus on specific chemical structures with variable substituents, expanding protection through multiple embodiments.
- The claims cover compounds, salts, and potentially formulations, providing comprehensive protection within its therapeutic scope.
- Given its strategic positioning, the patent offers significant leverage in product development and market exclusivity in China.
- Competitors should analyze claim boundaries carefully, especially regarding substitution modifications and synthesis methods.
- The patent landscape has evolved to emphasize inventive step and novelty, making precise claim language essential for enforceability.
FAQs
Q1: How broad are the chemical compound claims in CN101505759?
A1: The claims are broad enough to include a core chemical scaffold with various substituents, salts, and derivatives, enabling extensive coverage of similar compounds within the defined structural parameters.
Q2: What is the strategic value of CN101505759 in China’s pharmaceutical patent landscape?
A2: It secures exclusive rights to specific chemical entities, providing a foundation for commercialization, licensing, or blocking competitors in China’s fast-growing pharmaceutical market.
Q3: How does this patent compare to international patent standards?
A3: It aligns with international norms by defining chemical structures explicitly, claiming a range of derivatives, and including method claims, thereby offering comparable protection.
Q4: What enforcement challenges might arise with this patent?
A4: Challenges may include demonstrating inventive step, proving non-obviousness of modifications, or establishing infringement against formulations with slight structural variations.
Q5: Can this patent be easily designed around?
A5: While the claims are broad, subtle modifications to the chemical structure or synthesis methods within the scope of the claims may be difficult to circumvent without infringing or risking invalidation.
Sources:
- Official Chinese Patent Database (CNIPA).
- Patent document CN101505759.
- China Patent Law and Practice Reports 2010-2022.
