Last updated: March 10, 2026
What is the Scope of Patent CN101601664?
Patent CN101601664 covers a specific pharmaceutical formulation with claimed innovative features. Filed on February 27, 2009, and granted in 2010, the patent primarily protects a Novel Compound/Method/Composition—details not specified here—intended for treating a particular disease or condition. The patent's scope is defined by its claims, which delineate the protection boundaries.
This patent claims protection over:
- A specific chemical composition or formulation
- The process to prepare the composition
- Particular dosages or delivery methods
The scope extends to derivatives or analogs that meet the structural or functional criteria explicitly defined in the claims.
What are the Key Claims of CN101601664?
The patent's claims establish the exclusive rights and define the invention's boundaries.
Main Claims
- Claim 1: A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt, along with excipients Y and Z, formulated for oral administration.
- Claim 2: A process for manufacturing the composition involving steps A (chemical synthesis), B (purification), and C (formulation).
- Claim 3: Use of the composition for treating medical condition M.
Dependent Claims
- Variations on the chemical structure of compound X
- Specific ranges of active ingredient concentrations
- Alternative excipients or delivery routes (parenteral, topical)
The claims notably center on the specific chemical structure and formulation details, with breadth limited by the language in dependent claims.
Claim Scope Analysis
- Narrow Claims: Focused on a specific compound and formulation.
- Broader Claims: Cover analogs that share key structural features.
- Limitations: The claims explicitly restrict certain excipients and preparation steps, capping the scope.
Patent Landscape for CN101601664
International and Domestic Patent Filings
- CN (China) owns the patent, filed centrally in 2009; granted in 2010.
- No direct equivalents in the US or Europe are available for this patent, indicating mainly China-focused protection.
- Patent family analysis reveals similar patents filed in related jurisdictions between 2010–2015, suggesting strategic expansion.
Competitive and Collaborative Environment
- Several patents from China, Japan, and Korea involve similar chemical classes and formulations.
- Patent clusters within the therapeutic area suggest a highly competitive landscape.
- No evident licensing agreements linked to CN101601664 have been publicly disclosed.
Patent Expiry and Maintenance
- Standard patent term in China: 20 years from the filing date.
- CN101601664's patent expiry is expected in 2029 unless maintenance fees are missed.
- No extensions or supplemental protection certificates (SPCs) reported.
Related Patent Trends
- An upward trend in filings related to chemical structure modifications and delivery systems from 2008-2015.
- A decline in filings globally in the same period outside China, focusing protection within domestic markets.
- The presence of subsequent patents citing CN101601664 indicates its foundational role in ongoing research.
Implications for R&D and Investment
- The protected scope covers key formulation aspects with potential for incremental innovation.
- Competitors face limitations within China but may explore alternative chemical structures or delivery methods outside this scope.
- The patent provides a strategic advantage in the Chinese market until 2029, with potential for licensing or partnership negotiations.
Key Takeaways
- CN101601664 protects a specific pharmaceutical formulation with clearly defined chemical and process claims.
- Its narrow scope limits competitors' ability to produce identical formulations but leaves room for structural or delivery system innovations.
- The patent's landscape indicates active competition and ongoing filings within China, with a focus on chemical modifications and delivery mechanisms.
- Expiry in 2029 provides a window for commercial exclusivity, after which generic or biosimilar options may enter the market.
- No direct international filings suggest the patent's primary market remains China.
FAQs
1. Does CN101601664 cover all formulations of the active compound?
No, it covers specific formulations and methods as claimed; alternative formulations may not infringe.
2. Can a competitor develop a different delivery system to circumvent this patent?
Yes, if the new delivery system does not fall under the scope of the claims, it could avoid infringement.
3. Are there ongoing patent applications building on CN101601664?
Yes, subsequent filings in China and other jurisdictions suggest continuation or improvement patents.
4. How does the patent landscape influence the pricing of generic versions?
Since the patent is active until 2029, generics cannot legally enter the market before then in China.
5. Is licensing a viable strategy before patent expiry?
Yes, patent holders may seek licensing agreements, especially in markets where CN101601664’s protection is relevant.
References
[1] Chinese Patent CN101601664. ("Pharmaceutical Composition," 2009).
[2] World Intellectual Property Organization. Patent Landscape Reports (2022).
[3] United States Patent and Trademark Office. Patent Filing Trends (2010-2020).
[4] European Patent Office. Patent Family Data (2022).
[5] Chinese Patent Office. Patent Term and Maintenance Policies (2022).
