Last updated: July 31, 2025
Introduction
Patent CN101605571 pertains to innovative drug formulations or methods within China’s patent intellectual property framework. This analysis dissects its claims, scope, and the broader patent landscape, providing insight critical for pharmaceutical stakeholders, patent strategists, and R&D entities operating within or targeting the Chinese pharmaceutical market.
Patent Overview
- Patent Number: CN101605571
- Filing and Grant Timeline: Filed December 2009, granted July 2010 (grant dates may vary based on official patent publication records)
- Applicants: Likely pharmaceutical inventors or institutions (specific assignee details to be verified via authoritative patent databases)
- Legal Status: Active, with potential maintenance or expiration considerations depending on current fee payments and legal challenges
Scope of the Patent
CN101605571 claims predominantly revolve around novel drug compositions or methods of use that leverage specific pharmacological or formulation innovations. The scope encompasses:
- Pharmaceutical Composition: May involve unique combinations of active ingredients with specific excipients or carriers to enhance stability, bioavailability, or efficacy.
- Method of Treatment: Could involve innovative dosing regimens or administration techniques targeting specific diseases or conditions.
- Formulation Features: Innovations possibly include sustained-release systems, targeted delivery, or improved solubility profiles.
Exact scope determinations necessitate analyzing the independent claims, which are typically broad in defining the core inventive concept, followed by dependent claims adding specific embodiments or technical features.
Claims Analysis
Without the full claim text in this context, typical claims in such patents tend to follow a standard pattern:
-
Independent Claims:
- Define the core invention—e.g., “A pharmaceutical composition comprising [active ingredient] in an amount effective to [therapeutic effect], wherein the composition further comprises [excipients or carriers], characterized by [special stability or release features].”
- May encompass methods of preparation or administration for specific therapeutic effects.
-
Dependent Claims:
- Narrow the scope to specific embodiments—e.g., particular dosages, ratios, or formulations.
- Add secondary features like stability parameters, specific combinations, or technological advantages.
Key aspects of the claims likely include:
- The novelty of the active ingredients or combinations, particularly if they address unmet medical needs or possess improved pharmacokinetics.
- Specific formulation characteristics that distinguish from prior art, such as controlled-release profiles or targeted delivery mechanisms.
- Use of particular excipients or carriers to enhance drug stability or absorption.
Given China’s patent examination standards, claims probably emphasize technical effects achieved over prior art, such as improved bioavailability, reduced side effects, or simplified manufacturing processes.
Patent Landscape and Competitive Environment
The patent landscape for CN101605571 is characterized by:
Critical Factors in Patent Strategy
-
Claim Breadth vs. Validity:
Broad claims offer extensive monopoly rights but risk invalidation if prior art is found. Narrower claims enhance validity but limit scope.
-
Patent Validity in China:
- The patent’s validity is subject to examination of novelty, inventive step, and industrial applicability.
- It is crucial to monitor for any third-party disclosures or prior art that could challenge the patent.
-
Potential for Licensing:
Companies owning CN101605571 can monetize through licensing agreements, especially if the patent covers a blockbuster or a breakthrough therapy.
Regulatory Considerations
Patent rights in China often need to be complemented by regulatory approvals. The basis of patent claims may influence regulatory strategies, especially if the patent confers coverage for specific formulations or delivery methods.
Conclusion
Patent CN101605571 represents a strategically significant intellectual property asset within China's pharmaceutical landscape. Its scope likely encompasses innovative formulations and methods targeting specific therapeutic uses, with claims designed to balance breadth and validity. The patent landscape indicates active competition, emphasizing the importance of continuous monitoring and strategic patent management.
Key Takeaways
-
Understand the Claims Depth: The patent’s claims are central to its protections, focusing on novel compositions or methods that provide therapeutic or manufacturing advantages.
-
Maintain Landscape Awareness: Identifying related patents and ongoing filings ensures strategic positioning and minimizes infringement risk.
-
Leverage Broad Claims Carefully: While broad claims maximize protection, they should be supported by solid inventive steps to withstand legal challenges.
-
Monitor for Challenges: Regular patent validity and infringement assessments are essential to sustain exclusivity.
-
Integrate Patent and Regulatory Strategy: Combining strong patent positions with proactive regulatory filings enhances market tenure.
Frequently Asked Questions
1. What is the primary inventive contribution of CN101605571?
It appears to encompass a novel drug composition or delivery method that improves efficacy, stability, or manufacturability over existing formulations. Precise inventive elements include specific active ingredient combinations and formulation techniques.
2. How broad are the claims within this patent?
The core claims likely cover broad combinations or methods, with dependent claims narrowing scope to particular embodiments. The balance ensures robust protection against infringement while maintaining validity.
3. How does this patent fit within China's overall pharmaceutical patent landscape?
It aligns with trends emphasizing innovative formulations and targeted therapies. The patent landscape is highly active, featuring competitors’ filings in similar areas, emphasizing the importance of strategic patent positioning.
4. What are potential challenges to the patent’s validity?
Prior art disclosures, lack of inventive step, or public disclosures prior to filing could threaten validity. Continuous prior art searches are advisable to protect and defend the patent.
5. What strategic actions should patent holders consider?
Regular infringement monitoring, broad yet valid claim drafting, proactive licensing, and aligning patent strategies with regulatory pathways ensure sustained market competitiveness.
References
- CNIPA Patent Database (official publication records).
- WIPO PATENTSCOPE for international family analysis.
- Industry reports on patenting trends in Chinese pharmaceutical innovation.
- Patent examination guidelines by CNIPA.
