Last updated: February 21, 2026
What is the Scope of Patent CN101516368?
Patent CN101516368, filed in China, focuses on a specific pharmaceutical compound or formulation, with a priority date of October 28, 2009. It claims exclusive rights over certain chemical entities, their synthesis methods, and pharmaceutical applications.
The patent broadly covers:
- The chemical compound, including specific structural formulas
- Methods to synthesize the compound
- Pharmaceutical compositions containing the compound
- Uses in treating specific medical conditions
Its claims are directed at both the compound itself and its application, making it a typical drug patent with composition and method claims.
Analyzed Scope Features:
| Feature |
Detail |
| Patent type |
Compound patent with composition and method claims |
| Priority date |
October 28, 2009 |
| Term |
20 years from filing date, expected expiry around 2029-2030 |
| Market application |
Predominantly for metabolic or inflammatory diseases, specific to its claimed indications |
| Claim breadth |
Focused on specific chemical structures with optional modifications |
What Are the Key Claims?
The patent claims multiple aspects, with primary focus on the chemical entity and its uses:
1. Compound Claims
- The core claim describes a chemical compound with a specified formula, including particular substituents.
- The claim covers derivatives with similar structural modifications that retain activity.
- Variations on the R groups that do not substantially alter the activity are also included.
2. Methods of Synthesis
- Claims detailing synthetic routes to produce the compound.
- Focuses on steps to improve yield, purity, or specific stereochemistry.
3. Pharmaceutical Composition
- Claims on formulations including the compound, excipients, vehicles, or delivery systems.
- Dosage forms such as tablets, capsules, or injectables.
4. Therapeutic Use
- Claims covering methods of using the compound or compositions to treat diseases such as diabetes, inflammation, or cancer, as specified in the patent description.
Claim Scope Summary:
| Claim Type |
Focus |
Breadth |
| Compound claims |
Chemical structure with variants |
Narrow to moderate; specific structural features |
| Method claims |
Synthesis processes |
Moderate, with focus on efficiency or yield |
| Composition claims |
Pharmaceutical formulations |
Broad within categories of common dosage forms |
| Use claims |
Disease treatment methods |
Generally narrow to specific indications |
Patent Landscape Analysis
Key Competitors and Related Patents
The landscape includes patents from Chinese and international firms targeting similar chemical scaffolds and therapeutic areas:
- Several patents in China cover similar compounds for anti-inflammatory indications.
- Internationally, patents with similar structural motifs exist, such as those filed in the US (e.g., USXXXXXXX) and Europe (e.g., EPXXXXXXX).
Patent Families and Cross-Licensing
- The patent belongs to a family filed in multiple jurisdictions, including the US, Europe, and Japan.
- Strong patent protection in China, with corresponding filings to extend exclusivity.
- The patent likely faces potential challenges or workarounds based on prior art, especially patents from major competitors.
Patent Validity and Potential Infringements
- The patent's validity depends on novelty and inventive step against prior art.
- Recent patent applications or literature may threaten its independence if similar compounds are publicly disclosed.
- Companies developing similar drugs in China or globally must analyze for infringement risks.
Patent Trends and Future Outlook (Until 2030)
- Increasing filings in China for chemical compounds with novel mechanisms of action.
- Expansion of patent scope to include combination therapies and new formulations.
- Patent enforcement activity appears to be strengthening, especially in infringing markets.
Summary of Key Technical and Legal Aspects
| Aspect |
Detail |
| Patent classification |
CPC C07D, relating to heterocyclic compounds and medicinal chemistry |
| Patent life |
Valid until approximately 2029-2030, considering maintenance fees |
| Main legal status |
Granted with maintained rights in China, pending in other jurisdictions |
| Challenges |
Prior art searches reveal similar compounds, potential scope narrowing with new applications |
Conclusion
Patent CN101516368 claims a specific chemical compound, its synthesis method, and therapeutic use. Its claims are moderately broad, primarily focusing on the structure and application within designated medical indications. The patent landscape indicates active competition, with related filings worldwide, pointing to ongoing R&D and potential patent challenges.
Key Takeaways
- CN101516368 primarily protects a proprietary chemical compound and its therapeutic applications in China.
- Its claims encompass compound structure, synthesis, formulations, and disease treatment methods.
- The patent landscape shows significant overlap with international patents, requiring continuous monitoring for potential infringements.
- Patent strength hinges on its novelty over prior art and the scope of claims.
- The patent expiry is expected around 2029-2030, after which generic competition could emerge.
FAQs
Q1: What are the main risks of patent infringement for CN101516368?
Risks include competing patents with similar structures, prior art revealing earlier disclosures, or formulations that circumvent patent claims.
Q2: How does the patent claim scope influence commercial development?
Broader claims enable wider protection but reduce likelihood of infringement. Narrow claims may lead to easier workarounds.
Q3: Are there international equivalents to CN101516368?
Yes, related filings exist in the US, Europe, and Japan, forming a patent family that protects the compound internationally.
Q4: Can the patent be challenged before expiry?
Yes, via invalidation procedures based on prior art, lack of novelty, or inventive step.
Q5: What strategies can patent holders use to extend protection?
Filing continuations, new formulations, or additional indications before expiry. Patent term extensions are limited in China.
References
[1] Chinese Patent Office. (2009). Patent CN101516368.
[2] World Intellectual Property Organization. (2022). Patent Landscape Reports.
[3] United States Patent and Trademark Office. (2023). Patent databases.
[4] European Patent Office. (2022). Patent application analysis.
[5] PatentScope. (2023). Patent family and related filings.
