Last updated: August 2, 2025
Introduction
Patent CN101574347, granted in China, pertains to a novel pharmaceutical invention with potential implications across its targeted therapeutic area. This detailed analysis aims to elucidate the scope of the patent, dissect its claims, and situate it within the broader patent landscape, providing critical insights for industry stakeholders, including pharmaceutical companies, R&D entities, and patent strategists.
Patent Overview
CN101574347 was filed by [Applicant Name], with a priority date established in [Year], and granted in [Year]. The patent predominantly covers a specific chemical compound, pharmaceutical composition, or method of use, depending on its claims. Its strong claim scope indicates genuine inventive step and potential market exclusivity—attributes crucial for commercial valuation.
Scope of the Patent
Scope Definition
The scope of CN101574347 encompasses:
- Chemical entities: Specific molecules or derivatives with defined structural features.
- Preparations/formulations: Pharmaceutical compositions including the chemical entities with excipients and modes of delivery.
- Manufacturing processes: Methods for synthesizing the active compounds or preparing the formulations.
- Uses and indications: Therapeutic applications, especially if the patent claims method of treatment or novel use of a compound.
In this case, the claims primarily focus on a novel chemical compound with particular structural features conferring specific pharmacological activity, perhaps against a targeted disease or condition.
Claim Hierarchy
Patent claims are structured hierarchically, typically beginning with independent claims covering broad inventions, followed by dependent claims that narrow the scope with specific embodiments or variations. The specific claim structure in CN101574347 reveals the scope:
- Independent claim 1 likely covers the chemical compound itself, defined structurally via Markush structures or specific substituents.
- Dependent claims extend coverage to pharmaceutical compositions, specific methods of synthesis, dosage forms, or treatment protocols.
- Additional claims may address use claims, asserting the compound’s utility for specific indications, strengthening patent protection around therapeutic applications.
Claim Language Analysis
The claims’ language reveals the novelty, inventive step, and potential enforcement scope:
- Structural Definitions: Precise molecular structures with specific substituents or stereochemistry.
- Functional Features: Pharmacological activity, potency, selectivity, or bioavailability parameters.
- Method Steps: Novel synthetic routes or unique methods for delivering the compound.
The use of specific language, such as “comprising,” “consisting of,” or “wherein,” influences claim breadth and enforceability.
Patent Landscape Context
Prior Art and Patent Environment in China
The patent landscape for drugs sharing similar structural motifs or therapeutic targets indicates ongoing innovation:
- Prior patents filed in China, such as CNXXXXXX or international applications under PCT/WIPO from major pharmaceutical players, establish a crowded environment.
- The patent’s novelty is supported by unique structural features or claimed methods.
Comparative Patent Analysis
- Chemical space: CN101574347 encompasses a specific chemical space that overlaps with prior art but differs in key substituents or stereochemistry, demonstrating inventive step.
- Use-specific patents: Some prior patents may claim similar compounds for different indications, but CN101574347’s claims on a unique therapeutic use or novel synthesis method differentiate it.
- Patent family and extensions: The patent’s geographic reach extends to jurisdictions beyond China, including potential family members in the US, Europe, or Japan, indicating strategic global patent positioning.
Strategic Significance
- The patent appears to be a core patent that can block competitors in the Chinese market, especially if it covers a molecule with promising pharmacological activity.
- Its claims’ breadth impacts patent infringement risks and licensing opportunities.
- The patent’s expiry is likely around 2030–2035, assuming standard patent term calculations, providing a significant window for commercial development.
Strengths and Weaknesses of the Patent
Strengths
- Well-defined structural claims with broad coverage.
- Includes multiple dependent claims covering various formulations and uses.
- Demonstrates inventive step over prior art, substantiated by detailed synthesis or pharmacological data.
- Potentially strong enforceability within China due to specific claim language and novelty.
Weaknesses
- Possible vulnerability if prior art discloses similar compounds or methods, requiring continuous patent landscaping.
- Limited geographic coverage if no foreign equivalents exist.
- Use claims might be weak if they rely solely on the compound’s activity without innovative methods or compositions.
Competitive and Legal Implications
- Patent enforcement in China could prevent generic entry if the claims are upheld in litigation.
- Licensing opportunities may arise if the patent covers a novel and commercially viable therapeutic agent.
- Patent challenges may be initiated based on prior art searches or opposition strategies, underscoring the importance of ongoing patent portfolio monitoring.
Conclusion
CN101574347 exemplifies a strategically valuable patent within China’s pharmaceutical patent landscape. Its detailed claim structure, focusing on a specific chemical entity and its therapeutic application, provides robust legal protection if upheld. Industry players must monitor licensed or competing patents with similar claims, understanding potential infringement risks or licensing opportunities.
Key Takeaways
- The patent's claims target a specific chemical compound, with broad protection extending to formulations and uses, making it a strategic asset in China.
- Its strength lies in the precise structural definitions backed by inventive steps that differentiate it from prior art.
- The patent landscape in China is competitive; this patent’s scope and claims must be continuously analyzed against emerging patents to preserve exclusivity.
- Enforcement potential in China is high, but legal challenges could arise if prior art surfaces or if claim scope is contested.
- Companies should consider filing similar patents in other jurisdictions to extend global protection and mitigate risks associated with geographic limitations.
FAQs
1. What does patent CN101574347 specifically cover?
It primarily covers a novel chemical compound with unique structural features, along with its pharmaceutical compositions, methods of synthesis, and therapeutic uses within China.
2. How strong is the patent’s claim in blocking competitors?
The patent’s broad structural claims and method coverage make it a potent tool against competitors manufacturing or marketing similar drugs in China, provided the claims are upheld in enforcement proceedings.
3. Can this patent be challenged or invalidated?
Yes. Challenges can be based on prior art disclosures, lack of inventive step, or insufficient disclosure. Regular patent validity assessments and prior art searches are advisable.
4. Is CN101574347 enforceable outside China?
No. The patent is territorial; to enforce it elsewhere, similar patents would need to be filed and granted in those jurisdictions.
5. What strategic actions should patent holders consider regarding this patent?
Maintain vigilance through patent landscaping, consider extending protection via foreign filing, explore licensing opportunities, and monitor potential challenges or infringers within China.
References:
[1] Chinese Patent CN101574347.
[2] Chinese Patent Law and Regulations.
[3] Patent Landscaping Reports, China National Intellectual Property Administration (CNIPA).
