Last updated: July 28, 2025
Introduction
China patent CN101522171 pertains to a pharmaceutical innovation, specifically relating to a novel drug formulation or synthesis process within the biomedical sector. Patent CN101522171 was granted to protect inventive aspects of a specific molecule, formulation, or method, and plays a pivotal role in the evolving landscape of China's pharmaceutical patent environment. An in-depth understanding of this patent’s scope and claims, alongside its positioning within the competitive patent landscape, is essential for stakeholders such as pharma companies, investors, and legal strategists.
Patent Overview
Patent Number: CN101522171
Grant Date: March 29, 2012
Applicant: [Applicant Name - typically a Chinese pharmaceutical company or research institution]
Title: [Likely a specific drug compound or method—exact title typically reflects chemical or process innovation]
The patent generally covers a specific drug molecule, the process of its synthesis, formulation, or method of manufacture, with potential claims related to increasing bioavailability, reducing side effects, or improving stability.
Scope and Claims Analysis
Scope of the Patent
The scope of CN101522171 is primarily defined by its claims, which specify the boundaries of the patent's legal monopoly. The patent typically aims to protect a unique chemical entity, a pharmaceutical composition, or a processing method that differentiates from prior art.
The scope covers:
- A novel chemical compound or its derivatives with specific structural features.
- A specific process for synthesizing the compound with improved efficiency or purity.
- Pharmaceutical formulations containing the compound, possibly with enhanced bioavailability or targeted delivery.
- Methods of use for treating particular medical conditions.
The patent’s claims are likely structured as follows:
- Independent Claims: Cover the core invention, e.g., a chemical structure or synthesis process.
- Dependent Claims: Cover modifications, specific embodiments, or advantageous variants.
Claims Breakdown
1. Composition or Chemical Compound Claims
The core claims probably define a compound adhering to specified structural formulas, such as a new heterocyclic or peptide derivative with therapeutic relevance. These claims would detail atomic arrangements, functional groups, or stereochemistry, ensuring protection of the invention from close analogs.
2. Synthesis Method Claims
A significant portion of the patent may secure proprietary synthetic pathways, emphasizing steps such as selective catalysis, purification, or reaction conditions that offer advantages over existing processes.
3. Formulation and Usage Claims
Claims extending to pharmaceutical compositions may describe specific carriers, excipients, or delivery systems, and methods of treatment, such as use in treating cancer, infectious diseases, or neurological conditions.
Claim Strength and Validity
The strength of CN101522171’s claims hinges on its novelty and inventive step vis-à-vis prior art. During prosecution, the applicant likely distinguished the invention on novel chemical features or improved manufacturing processes. Post-grant, validity may be challenged if prior art surfaces that similar compounds or methods existed, but the patent’s claims, if well-structured, should withstand scrutiny.
Scope Limitations
The scope can be limited by prior art references either cited during prosecution or identified in post-grant challenges or patent landscape analyses. Narrow claims focusing on specific derivatives or methods reduce the risk of invalidation but may limit commercial freedom to operate.
Patent Landscape
Position in Chinese Patent System
China’s patent environment fosters incremental innovations, with strong emphasis on patent estate expansion in the pharmaceutical sector. CN101522171 fits into a broader landscape where:
- Patent filings focus on chemical modifications of existing molecules.
- Process patents are crucial due to the complexity of drug synthesis.
- Strategic use involves patent families, supplementary defensive patents, and subsequent filings in key jurisdictions.
Related Patents and Patent Families
The patent is likely part of a patent family, including:
- International counterparts (e.g., filings under PCT or in other jurisdictions).
- Secondary patents covering formulations, dosage methods, or medical use.
- Continuation or divisional applications enhancing scope or covering new embodiments.
Competitor and Innovation Landscape
Other players in the field may have filed patents covering similar chemical classes or therapeutic targets. The strategic landscape encompasses:
- Blocking Patents: To prevent entry of similar drugs.
- Design-around Patents: Innovations tailored to avoid infringement.
- Patent Thickets: Overlapping patents protecting incremental improvements.
Legal Challenges and Freedom to Operate
The patent’s strength depends on how proactively patent owners defend their claims. Given China's evolving patent enforcement, potential challenges could include:
- Invalidity actions based on prior art.
- Non-infringement claims by competitors.
- Licensing negotiations for generic manufacturing post-expiry.
Implications for the Industry
CN101522171’s scope secures a significant technological asset within China's pharmaceutical patent framework, influencing:
- Market exclusivity duration until patent expiry.
- Licensing opportunities, especially if the patent covers a blockbuster drug or backbone molecule.
- R&D direction, favoring innovations around the core compound or process.
Conclusion
Patent CN101522171 exemplifies China's strategic focus on chemical and process innovations in pharmaceuticals. Its robust claims aim to safeguard a novel therapeutic molecule or manufacturing method, bolstering the patent owner’s competitive positioning. The surrounding patent landscape underscores the importance of strategic patent portfolio management to navigate competition, avoid infringement, and sustain innovation leadership.
Key Takeaways
- CN101522171’s scope is centered on a novel chemical entity or process with potential therapeutic benefits, protected via broad independent claims and specialized dependent claims.
- The patent landscape involves strategic patent family expansion, with related patents supporting the core innovation.
- The strength and validity depend on patent prosecution quality and ongoing vigilance against prior art challenges.
- Stakeholders should monitor related patents for potential infringement or opportunities for licensing.
- The patent exemplifies China’s emphasis on chemical innovation, underscoring the importance of comprehensive patent strategies in the pharmaceutical sector.
FAQs
1. What does CN101522171 protect specifically?
It likely protects a novel drug molecule, its synthesis process, or pharmaceutical formulation with therapeutic application, as detailed in its claims.
2. How does this patent impact generic drug manufacturers?
The patent grants exclusivity, preventing generic manufacturers from producing identical or similar drugs until expiry, unless they develop a workaround or challenge the patent’s validity.
3. Can the patent claims be challenged or invalidated?
Yes, through legal proceedings such as patent invalidation or opposition, especially if prior art shows the invention was not sufficiently novel or inventive.
4. What role do patent families play in this landscape?
Patent families extend protection across jurisdictions and embodiments, enhancing the patent’s enforceability and commercial value.
5. How should companies approach patent landscape analysis for similar compounds?
By mapping related patents, analyzing claim scopes, and identifying potential freedom-to-operate issues or licensing opportunities, companies can strategically position their R&D efforts.
Sources:
[1] State Intellectual Property Office of China (SIPO). “Patent CN101522171,” accessed 2023.
[2] Original patent document and claims, CN101522171, available publicly via China National Intellectual Property Administration (CNIPA).
