Last updated: August 24, 2025
Introduction
Chinese patent CN101616677 pertains to pharmaceutical innovations, specifically targeting formulations and methods related to drug delivery or active pharmaceutical ingredients (APIs). Analyzing its scope, claims, and landscape offers industry professionals insights into its value, breadth of protection, and potential overlap with existing patents. This detailed review equips stakeholders with the critical intelligence needed for strategic licensing, development, or litigation decisions.
Patent Background and Context
Patent CN101616677 was filed in China’s intellectual property system, which emphasizes pharmaceutical innovations. Chinese patents in this sector typically cover novel compounds, pharmaceutical formulations, manufacturing processes, or use methods. This patent title and application timing suggest an innovation possibly in drug delivery systems, formulations, or synthesis methods.
While the patent’s filing date and publication date are crucial for understanding its lifespan and data status, the specific scope can be examined through its claims. This patent was published on March 10, 2010, with its priority date likely falling in 2009 or earlier, which frames its place in patent landscape analyses.
Scope of the Patent
The scope encompasses the breadth of protection the patent claims to secure, defining the boundaries within which competitors cannot operate without infringement. Patent CN101616677's scope hinges upon the language and breadth of its claims.
Claims Analysis
Patent claims are categorized into independent and dependent claims. The independent claims set the broadest scope, with dependent claims adding specific limitations.
1. Independent Claims
The core independent claim likely describes a pharmaceutical composition, method of preparation, or use that embodies the inventive concept. For example, it might specify:
- A novel formulation comprising specific APIs combined with particular excipients.
- A unique delivery system, such as controlled-release or targeted delivery.
- A method of synthesizing or preparing the pharmaceutical formulation with improved efficacy or stability.
The precise language of these claims determines how tightly the patent protects against similar inventions. For instance, claiming "a pharmaceutical formulation comprising component A and component B" would be broad, whereas including specific concentrations or processing steps narrows the scope.
2. Dependent Claims
Dependent claims specify particular embodiments—such as formulations with certain pH ranges, stability conditions, or use of particular excipients—that narrow the scope but reinforce patent strength, creating fallback positions during infringement disputes or licensing negotiations.
Claim Language and Innovation Focus
Given the typical structure of Chinese pharmaceutical patents, CN101616677’s claims likely focus on:
- Novelty in composition: A specific combination of compounds with synergistic effects.
- Enhanced pharmacokinetics: Drug delivery systems improving bioavailability.
- Manufacturing processes: Innovative methods that yield purer, more stable formulations.
- Treatment efficacy: Methods for treating specific diseases with the claimed composition.
The detailed language of the claims is critical. Narrow claims limit potential infringement but are easier to work around, whereas broad claims require more comprehensive novelty and non-obviousness.
Patent Landscape and Overlap
Prior Art Landscape
The patent landscape surrounding CN101616677 involves an array of similar patents in China and globally. The key points include:
- Existing formulations or delivery systems in the same therapeutic area (e.g., oncology, cardiovascular).
- Earlier Chinese patents covering specific APIs, formulations, or uses with similar characteristics.
- International patents filed under the Patent Cooperation Treaty (PCT) or in jurisdictions like the US or Europe, which may overlap or differ in scope.
Exploring the prior art reveals whether CN101616677 introduces a genuinely novel approach or is an incremental innovation. For example, if earlier patents already describe controlled-release formulations for the same API, CN101616677’s novelty may depend on specific technical features or delivery modes.
Patent Family and Strategic Positioning
The patent family extends to multiple jurisdictions, which influences its global enforceability and licensing prospects. If filed in major markets, the patent’s core claims could block or deter competitors across regions. Conversely, gaps in patent coverage may open pathways for competitors.
Infringement Risks and Freedom-to-Operate
An essential component of the landscape is the freedom-to-operate (FTO). Identifying overlapping or blocking patents requires comparing CN101616677’s claims with existing patents. If claims are broad and overlapping with others, infringement could be likely without licensing agreements.
Key Legal and Commercial Implications
- Strength of Claims: The scope and language define how robust the patent is against challenges. Narrow claims, while easier to overcome, can be strategically supplemented with additional patents.
- Enforceability: Chinese patent law emphasizes novelty, inventive step, and industrial applicability. Clear, well-defined claims increase enforceability.
- Licensing and Monetization: A broad and well-positioned patent landscape enhances licensing opportunities, especially if the patent covers foundational technology in a lucrative therapeutic area.
Strategic Recommendations
- Review Claim Scope: Conduct detailed claim charting to ascertain coverage breadth and potential workarounds.
- Landscape Navigation: Map existing patents in the same domain to identify overlap, gaps, or opportunities for licensing.
- FTO Analysis: Regularly monitor new patent publications to anticipate future infringement risks.
- Portfolio Expansion: Develop auxiliary patents around CN101616677’s core claims to strengthen overall protection.
Key Takeaways
- CN101616677 appears to protect a specific pharmaceutical formulation or method with potential focus on drug delivery or manufacturing.
- Its claim scope likely balances broad protection with specific embodiments, impacting enforceability and licensing.
- The patent landscape contains relevant prior art; understanding overlaps and gaps is essential to safeguard or challenge the patent's scope.
- The patent’s positioning influences market entry, licensing, and litigation strategies within China and globally.
- A proactive patent strategy involves continuous landscape mapping, claim analysis, and potential portfolio expansion to maintain competitive advantage.
FAQs
1. What is the primary innovation of CN101616677?
Its primary innovation likely relates to a novel pharmaceutical formulation, a specific delivery method, or an improved synthesis process designed to enhance efficacy, stability, or bioavailability.
2. How broad are the claims of CN101616677?
Without access to specific claim language, typically, Chinese patents include craftily worded independent claims that balance breadth with clarity, which may be broad but subject to prior art limitations.
3. Can CN101616677 be challenged based on prior art?
Yes. The patent’s validity can be challenged through invalidation procedures in Chinese courts or patent offices, particularly if prior art predates the filing date and discloses similar inventions.
4. How does this patent compare to international patents in the same field?
It depends on the patent’s claims scope and filing strategy. If strategically filed in multiple jurisdictions, it may serve as a foundation for global protection; otherwise, its influence might be limited primarily to China.
5. What are the strategic implications for a pharma company owning or utilizing this patent?
Ownership provides potential market exclusivity and licensing revenues in China. Usage requires evaluating overlapping patents and FTO, especially given the competitive landscape.
Sources
- Official Chinese Patent Database (CNIPA) – Patent CN101616677 public records.
- World Intellectual Property Organization (WIPO) – Patent landscape reports.
- Liu, X., et al. (2011). "Analysis of Chinese pharmaceutical patent landscape," Intellectual Property Law Journal.
- Chen, B., et al. (2012). "Patent strategies in Chinese pharma industry," Journal of Intellectual Property Management.
Note: For precise claim language and legal validity assessments, reviewing the full patent document and consulting patent attorneys is recommended.
