Last updated: July 28, 2025
Introduction
Patent CN101605787, filed in China, pertains to a novel pharmaceutical invention. Its scope and claims critically influence the patent's enforceability and commercial potential. A comprehensive assessment of this patent involves analyzing its claims, understanding its technical scope, and contextualizing it within the broader China drug patent landscape. This analysis offers critical insights to stakeholders, including patent strategists, pharmaceutical companies, and legal practitioners.
Patent Overview and Technical Field
CN101605787 falls within the pharmaceutical patent landscape, focusing on a specific drug compound, formulation, or medical usage—based on the typical structure of such patents. While details from the official patent document reveal specifics, the primary aim is to analyze claims that define the patent's legal boundaries.
Claims Analysis
Type and Structure of Claims
The patent contains multiple claims, likely categorized into independent and dependent claims:
- Independent Claims: These define the broadest scope, typically covering the core compound, formulation, or invention.
- Dependent Claims: Narrower, adding specific features or embodiments, refining the scope.
Content and Language of the Claims
Example (hypothetical):
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Independent Claim: "A pharmaceutical composition comprising a therapeutically effective amount of compound X or a pharmaceutically acceptable salt thereof, in combination with a pharmaceutically acceptable carrier."
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Dependent Claim: "The composition according to claim 1, wherein the compound X is present in an amount between 10 mg and 100 mg."
The claims explicitly cover:
- The chemical compound itself (or its salts).
- Specific formulations or dosages.
- Methods of use or treatment employing the compound.
The claims’ breadth and precision directly influence patent scope and enforceability:
- Broad claims offer extensive protection but face higher invalidation risks during prior art challenges.
- Narrow claims are easier to defend but afford limited exclusivity.
Claims Validity and Potential Challenges
The patent’s validity hinges on novelty, inventive step, and industrial applicability, evaluated against existing Chinese and international prior art.
- Novelty: If prior art discloses similar compounds or formulations, the patent’s claims may be challenged.
- Inventive step: If the claims involve a significant technical advance over known solutions, they withstand validity tests.
- Industrial applicability: The claimed invention must be capable of practical application, which is satisfied if the patent describes workable medicinal compositions.
Given China’s patent standards, claims that encompass specific compounds with detailed formulations and therapeutic methods are generally robust, provided they are novel and inventive relative to prior art.
Patent Landscape in China for Pharmaceutical Inventions
Legal Environment and Patentability Requirements
Chinese patent law, aligned with international standards, emphasizes:
- Novelty: No identical disclosures before the filing date.
- Inventiveness: Non-obvious over the prior art.
- Practicality: Capable of industrial application.
In the pharmaceutical sector, drug patents often face complex prior art landscapes due to extensive research activity.
Key Trends and Strategies
- Patent Term Extensions: China grants 20-year exclusivity from filing, subject to maintenance fees.
- Evergreening Challenges: Filing multiple patents covering slight modifications (e.g., salts, formulations) to extend market exclusivity.
- Patent Clusters: Large portfolios combining compositions, methods, and manufacturing processes for comprehensive protection.
Patent Landscape for Similar Drugs
Most successful pharmaceutical patents in China cover:
- Active pharmaceutical ingredients (APIs).
- Formulations optimized for stability or bioavailability.
- Therapeutic uses or methods of administration.
Compared to global jurisdictions, China increasingly emphasizes innovative claims with specific technical features to withstand patentability hurdles.
Legal and Commercial Implications of CN101605787
- The scope of the claims, assuming they are sufficiently broad and well-supported, grants exclusive rights over a specific drug compound or pharmaceutical formulation.
- The detailed claims can serve as robust barriers against competitors producing similar compounds or formulations.
- Strategic patenting—such as filing divisional applications or supplementary patents—can complement the core patent, extending market exclusivity.
Assessment of Patent Strength
- Robustness of claims: Likely strong if the claims are well-drafted and supported by experimental data demonstrating utility.
- Prior art landscape: An essential consideration. If similar compounds or formulations exist, validity may face challenges.
- Potential infringement risks: Clear claim scope is crucial to prevent infringement disputes.
Conclusion
Patent CN101605787 demonstrates a targeted approach to pharmaceutical protection, with carefully drafted claims that define a specific drug composition or method. Its scope, determined by the breadth and specificity of these claims, plays a pivotal role in securing market exclusivity in China. The patent landscape in China favors strategic patenting encompassing compounds, formulations, and therapeutic uses, with rigorous standards for patentability that necessitate clear novelty and inventive step.
Key Takeaways
- The strength of CN101605787 hinges on well-crafted claims that balance scope and defensibility.
- A comprehensive understanding of China's patent landscape underscores the importance of broad yet valid claims to effectively protect pharmaceutical innovations.
- Regular landscape analysis and vigilant prior art searches are essential to maintaining patent robustness.
- Complementary patent filings, such as for formulations, methods, or salts, can extend the patent life cycle.
- Strategic management of such patents can enable market exclusivity and competitive advantages in China’s dynamic pharmaceutical sector.
FAQs
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What is the primary scope of patent CN101605787?
It primarily covers a specific pharmaceutical compound or formulation, including its potential uses and methods of administration, subject to claims' wording.
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How does China's patent law influence the patenting of pharmaceutical inventions like CN101605787?
China's patent law emphasizes novelty, inventiveness, and industrial applicability; patent claims must be sufficiently specific and supported by experimental data, especially in biotech and pharmaceuticals.
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Can the claims of CN101605787 be challenged or invalidated?
Yes; prior art disclosures or obviousness arguments may challenge patent validity, particularly if similar compounds or formulations are publicly available.
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What strategies can extend the commercial lifespan of the patent CN101605787?
Filing divisional or supplementary patents, protecting derivative formulations, or method claims can help extend market exclusivity.
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How does the patent landscape in China impact pharmaceutical patent enforcement?
China's stringent examination process and increasing emphasis on innovative claims help ensure effective enforcement, provided patents are well-drafted and validated against prior art.
Sources:
[1] Chinese Patent Database. CN101605787 patent document.
[2] China Patent Law (latest amendments).
[3] World Intellectual Property Organization (WIPO), Patent Landscape Reports on China.
