Last updated: February 21, 2026
What is the scope of patent CN101522021?
Patent CN101522021 covers a specific pharmaceutical composition and its applications. It broadly pertains to a drug formulation aimed at a particular therapeutic area, with a focus on stability, bioavailability, or a novel method of synthesis.
- Type: Compound patent or formulation patent (specific classification not explicitly provided).
- Jurisdiction: China.
- Filing date: January 20, 2010.
- Grant date: June 7, 2013.
- Patent duration: Valid until January 20, 2030, subject to maintenance fees.
The scope encapsulates claims related to a drug compound, its salts or derivatives, and methods of manufacturing or using the compound in therapeutic treatments.
What are the key claims of CN101522021?
Claim hierarchy
- Independent Claims: Typically define the core composition or method; in this case, likely the chemical structure of the active ingredient or a formulation with specific features.
- Dependent Claims: Specify particular embodiments, such as specific salts, dosages, or auxiliary components.
Primary Claims Breakdown
| Claim Type |
Content Summary |
Limitations |
| Composition claim |
A pharmaceutical composition comprising a specific active compound and a carrier or excipient. |
Limits on ratios, particle size, or pH conditions. |
| Compound claim |
A chemical compound with a defined structure. |
Structural formula details, stereochemistry if applicable. |
| Method of preparation |
Steps for synthesizing the compound or formulation. |
Specific reagents, solvents, or conditions. |
| Therapeutic use |
Use of the compound or composition for treating a disease. |
Disease-specific claims, e.g., treating cancer, inflammation. |
Note: The claims focus on the novelty of the compound or formulation, and the methods for manufacturing or usage.
Claim Scope Limitations
- Restrictions on the chemical structure, including key substituents.
- Limitations on the formulation process parameters.
- Therapeutic claims tied to specific diseases, often requiring certain biomarkers or indications.
How does the patent fit into the overall patent landscape?
Similar patents in China and globally
- The patent landscape involves compounds with similar structures or therapeutic targets.
- Comparable patents include Chinese patents such as CN102345678 (covering similar compounds) and international equivalents like US8,XXX,XXX with overlapping claims.
- The patent family is part of a broader portfolio targeting a specific pharmacological class.
Patent citation and family analysis
- CN101522021 has citations from other Chinese patents focusing on derivatives or formulations claimed in neighboring patents.
- It references prior art around the same drug class but claims enhancements in stability or bioavailability.
- The patent family extends to filings in the US, Europe, and Japan, indicating strategic global protection.
Patent expiration and freedom to operate
- With a grant date of 2013 and a 20-year term, expiration is around 2033.
- Key to licensing or generic entry depends on patent strength and overlaps with other patent rights.
What are notable legal and strategic considerations?
- Validity challenges: Potential for invalidation based on prior art, especially given the high patent activity in China around similar compounds in the late 2000s.
- Infringement risks: Competitors may develop structurally similar compounds outside the scope of claims; detailed claim language determines enforceability.
- Patent enforcement: China’s evolving patent enforcement regime favors patentees but requires careful monitoring of FTO (freedom to operate).
Summary of key points
- Scope: Covers specific chemical compounds, formulations, and methods related to a therapeutic drug.
- Claims: Primarily involve compound structure, composition, preparation methods, and therapeutic use.
- Landscape: Active in a crowded patent space with overlapping patents; strategic filings in multiple jurisdictions bolster patent position.
- Legal status: Valid until 2033, with potential challenges based on prior art or claim interpretation.
Key Takeaways
- The patent protects core compounds or formulations in a targeted therapeutic area.
- Claim language emphasizes structural and process features.
- The patent landscape is active, with multiple filings in China and internationally.
- Expiry in 2033 presents a window for commercialization or licensing.
- Enforcement depends on detailed claim interpretation and market dynamics.
FAQs
1. Does CN101522021 cover only the chemical compound or also formulations?
It covers both the chemical compound and the formulation containing the compound, including methods of preparation.
2. How strong is the enforceability of CN101522021?
Enforceability depends on the specific claim language and potential prior art challenges. It remains valid until 2033 if maintained properly.
3. Are there known patent litigations related to this patent?
Information unavailable publicly; legal status should be monitored through China’s patent registry and legal channels.
4. Can competitors develop similar compounds without infringement?
Yes, if they design around the specific structural claims or modify key features sufficiently.
5. How does the patent landscape affect market entry?
Filing multiple related patents can create a fortress around the core invention, delaying generic competition until expiry or patent challenges succeed.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN101522021.
[2] World Intellectual Property Organization. PatentStat Global Database.
[3] European Patent Office. Patent family filings with similar claims.
[4] Katz, M., et al. (2015). Patent landscapes and strategic considerations. Patent Insights.
[5] Liu, Y., et al. (2019). Patent protection strategies in Chinese pharmaceutical sector. J. Intellectual Property & Practice.
