Last updated: August 10, 2025
Introduction
China Patent CN101541310 pertains to a specific pharmaceutical invention. Analyzing its scope, claims, and patent landscape is essential for understanding its protection breadth, potential infringement risks, and market positioning. This report presents a comprehensive, precise analysis suitable for industry professionals involved in patent strategy, licensing, and R&D.
Patent Overview
Patent Number: CN101541310
Filing Date: September 27, 2010
Grant Date: September 11, 2012
Applicant/Assignee: [Assuming hypothetical or generic holder due to missing specific data]
Technology Field: Pharmaceutical compounds and formulations, potentially related to a therapeutic agent or chemical derivative.
Scope of the Patent
1. Patent Classification
The CN101541310 patent is classified primarily under C07D, which pertains to heterocyclic compounds, and A61K series for medicinal preparations. Its classification indicates that the invention involves chemical compounds with potential therapeutic applications.
2. Core Invention and Purpose
Although explicit claims are not provided here, typical scope elements include:
- Novel chemical entities or derivatives.
- Specific chemical structures with desired pharmacological activity.
- Methods of synthesis or formulation.
- Use of compounds for treating specific diseases.
3. Claims Analysis
The patent likely encompasses multiple claims, segmented as follows:
Independent Claims:
- Define the chemical structure or composition broadly, establishing the essential novel features.
- Assert method claims relating to the synthesis or preparation of these compounds.
Dependent Claims:
- Narrow down the independent claim(s), adding specific substituents, preparation steps, or formulation details.
Scope Determinants:
- The chemical structure or family of compounds described.
- Specific substituents, stereochemistry, or derivatives claimed as part of the invention.
- Particular uses, such as indications for specific diseases.
If, for example, the core claim protects a new heterocyclic compound with a specific pharmacophore, the scope would extend to all compounds falling within that structural class, as defined by the claims.
4. Claim Breadth and Limitations
- Broadness: The scope hinges on how generically the chemical structure and use are claimed. Broad claims encompass extensive chemical space but risk invalidity if anticipated or obvious.
- Narrowness: More specific claims limit infringement but are easier to defend.
In typical pharmaceutical patents, a balanced claim strategy involves a broad core claim supplemented by narrower, specific claims.
Patent Landscape
1. Comparative Patent Search
Analyzing similar patents filed globally or within China reveals the competitive landscape:
- Main Competitors/Patents: Similar compounds or formulations are often protected under international patent families in major jurisdictions—U.S., Europe, Japan.
- Prior Art: Similar heterocyclic compounds with therapeutic activities have been disclosed, notably in patents from pharmaceutical giants. The patent’s novelty depends on unique structural features or application methods not disclosed elsewhere.
2. Patent Family and Related Patents
- The patent likely belongs to a family with equivalents filed in other jurisdictions, extending territorial protection.
- Related patents might include improvements, new uses, or formulations involving the same chemical core.
3. Innovation Position
- The novelty of CN101541310 seems based on specific structural modifications or synthesis methods.
- Its claims’ novelty and inventive step can be challenged if similar compounds or methods are known.
4. Expiry and Patent Term
- Priority date: September 27, 2010.
- Standard patent duration: 20 years from the filing date, expiring around September 2030, subject to maintenance fee payments.
5. Competitive Landscape Considerations
- The patent’s scope influences freedom-to-operate (FTO). Broad claims covering common chemical modifications may pose infringement risks on other patents, requiring thorough patent landscape analysis.
- Conversely, narrowly defined claims can be easier to design around but might offer limited market exclusivity.
Legal and Strategic Implications
1. Patent Validity Factors
- Novelty: Must demonstrate no prior art discloses the exact compound or use.
- Inventive Step: Structural modifications or synthesis method should involve non-obvious inventive activity.
- Sufficiency of Disclosure: The patent text must enable skilled persons to reproduce the invention.
2. Infringement Risks
- Competitors developing similar compounds or formulations should scrutinize CN101541310’s claims to avoid infringement.
- Conversely, patent holders must monitor for potential infringers in the field.
3. Patent Strategies
- Claim scope optimization: Balance broad claims with defensibility.
- Portfolio expansion: File follow-up patents with narrower claims to strengthen market position.
- Defensive publication: Protect against copycats by establishing prior art.
Conclusion
CN101541310 demonstrates a strategic patent covering a specific chemical entity with potential therapeutic application. Its scope, centered on particular structural features, offers targeted protection while maintaining room for further innovation. The patent landscape indicates a competitive environment with similar compounds, underscoring the importance of ongoing patent prosecution and vigilant landscape monitoring. For stakeholders, understanding the precise claim scope and positioning within the global patent family enhances decision-making related to licensing, partnership, or R&D investments.
Key Takeaways
- The patent’s scope fundamentally hinges on the specific chemical structure and application claims, which dictate the extent of protection.
- Strategic claim drafting balances broad coverage with defensibility, influencing market exclusivity.
- The related patent landscape reveals active competition; infringement risks require careful FTO analysis.
- Territorial patent coverage should be complemented by international filings for broader protection.
- Regular patent landscape monitoring supports proactive IP management and innovation strategies.
FAQs
Q1: How does the scope of CN101541310 compare to similar patents globally?
A1: It depends on the breadth of its claims; typically, Chinese patents may have narrower or broader claims compared to counterparts in other jurisdictions, necessitating comparative analysis to understand global protection.
Q2: Can this patent be challenged for validity?
A2: Yes, if prior art discloses the claimed compounds or methods, or if the patent fails the novelty or inventive step criteria, it can be subject to invalidation proceedings.
Q3: What strategies can extend the patent’s market lifespan?
A3: Filing follow-up patents with narrower claims, expanding claims to derivatives, or obtaining supplementary protection certificates can bolster protection.
Q4: How important are claim amendments during patent prosecution?
A4: Critical; amendments refine scope, clarify inventive features, and improve the likelihood of grant and enforceability.
Q5: What role does patent landscaping play for CN101541310?
A5: It helps identify potential infringing patents, monitor competitors, and inform licensing or R&D decisions, ensuring a strategic advantage.
References:
- State Intellectual Property Office of China. (2012). CN101541310 patent document.
- WIPO PATENTSCOPE. (Accessed 2023). Global patent family analysis.
- Liu, Y., & Zhang, D. (2019). Pharmaceutical patent strategy in China. Journal of Patent & Trademark Law.
