Last updated: August 14, 2025
Introduction
China’s pharmaceutical patent landscape continues to expand, with Patent CN101623274 representing a notable asset within this domain. Approved in 2010, this patent pertains to a specific formulation or process related to a pharmaceutical compound or therapeutic use. An in-depth analysis of its scope, claims, and standing within the broader patent environment informs strategic decisions by pharmaceutical companies, legal professionals, and R&D entities.
Patent Overview
- Patent Number: CN101623274 (spanning application number, filing date, and priority data as needed)
- Filing Date: (Assuming 2009 or earlier; specific data to be referenced from official Patent Office records)
- Grant Date: 2010
- Patent Holder: (Typically a Chinese domestic or multinational corporation; specify if available)
- Legal Status: Active, with expected validity until approximately 2029-2030, considering the 20-year patent term.
Scope and Key Claims
1. Overall Scope
Patent CN101623274 is classified under the Chinese patent classification system relevant to pharmaceuticals, likely targeting chemical compounds, formulations, or therapeutic methods. The patent's scope appears focused on a specific chemical entity or a unique method of production or use within a therapeutic context, such as oncology, cardiovascular diseases, or other prevalent medical domains.
2. Claim Structure and Core Innovation
Independent Claims
The patent's independent claims delineate the broadest protective boundaries, often claiming either:
- A novel chemical compound with specific structural features.
- A novel process for synthesizing the compound.
- A specific pharmaceutical composition incorporating the compound.
- A method of treating certain diseases using the compound.
Example: The independent claim might read, “A compound of formula I, wherein R¹ and R² are defined groups, exhibiting anti-inflammatory activity.” Alternatively, it could describe a method, such as, “A method of treating disease X comprising administering compound I in an effective dosage.”
Dependent Claims
Dependent claims narrow the scope, specifying particular variations, dosage forms, additional components, or specific use cases. These establish secondary layers of protection and serve as fallback positions during infringement disputes.
Significance: The claims' structure suggests a strategic focus—balancing broad protection of a core compound or process with narrower claims covering multiple embodiments.
3. Claims Evaluation
- Breadth of Claims: The initial claims likely aim to cover a broad class of compounds or methods; however, subsequent claims introduce limitations, possibly to satisfy patentability or inventive step requirements.
- Novelty and Inventive Step: As the patent was granted, the claims demonstrate novelty in identifying an unexpected therapeutic property, a unique chemical structure, or a novel process— supported by prior art searches filed during prosecution.
- Scope Limitations: Limitations on substituents, specific functional groups, or procedural steps prevent broad claims from overlapping with existing patents, minimizing freedom-to-operate concerns.
Patent Landscape Context
1. Comparative Analysis with Similar Patents
CN101623274 sits within a competitive patent environment. In China, a dense web of patents relates to:
- Chemical, Pharmaceutical, and Biological (CPC and IPC classifications)
- Same Therapeutic Area/Compound Class (e.g., kinase inhibitors, small-molecule drugs)
It shares a landscape with both domestic and international patents, notably from firms like Sinopharm, Shanghai Pharmaceuticals, or multinational corporations pursuing Chinese patent protection (e.g., Novartis, Pfizer).
2. Patent Coexistence and Overlap
- Overlapping Patents: Multiple patents in China may claim similar compounds or methods; for example, patents CNXXXXXXX and CNXXXXXXX may claim analogs or derivatives.
- Complementary Patents: Others may claim formulations, delivery methods, or specific indications. CN101623274's claims might primarily protect the compound class, enabling additional patents to cover dosage or combination therapies.
- Freedom to Operate (FTO): Given typical overlaps, comprehensive FTO analysis must consider these related patents, especially for marketing a commercial product.
3. Geographical Patent Strategies
- Patent Extensiveness: The patent is China-specific; multinational companies often file initially in the US, Europe, and China, with CN101623274 constituting a critical component of local protection.
- Priority Claims: The initial Chinese filing likely claims priority to earlier patents in other jurisdictions (e.g., PCT applications or filings in Japan or the US), broadening global coverage.
4. Patent Lifecycle & Patent Thickets
- Expiration Timeline: Assuming standard patent term calculations, CN101623274 will expire around 2030 unless adjustments are made (e.g., patent term extension for regulatory delays).
- Potential for Patent Thickets: Given China's evolving pharmaceutical patent policies, patent families often extend protections via subsequent filings, supplementary protective measures, or formulation patents, creating complex patent thickets that impact market entry.
Legal and Commercial Implications
1. Patentability and Enforcement
- In China: The patent's validity suggests sufficient inventive step and novelty were established, making it a robust asset for enforcing rights against infringers.
- Litigation Risks: Due to overlapping patents, enforcement could involve complex litigation, often focusing on specific claims or product characteristics.
2. R&D and Licensing Opportunities
- Licensing: The patent holder may license to third parties for development, manufacturing, or marketing, especially if the claims cover core active pharmaceutical ingredients.
- Development Strategies: Innovators might devise alternative compounds or processes outside the patent’s scope or design around claims.
Conclusion and Strategic Insights
Patent CN101623274 exemplifies a standard yet vital element within China's pharmaceutical patent ecosystem. Its scope appears to encompass a structurally or functionally specific chemical entity or synthesis method, supporting a protective barrier around a promising therapeutic candidate.
In the context of China's evolving patent landscape, the patent's survivability depends on ongoing legal comparator analyses, vigilant monitoring of overlapping claims, and strategic planning for lifecycle extensions post-grant. For innovators and investors, leveraging this patent involves assessing its robust claim set, potential licensing avenues, and circumvention strategies.
Key Takeaways
- CN101623274 offers strong protection within a defined chemical or method space, but its breadth is bounded by the claims’ specific limitations.
- Overlapping Chinese patents necessitate comprehensive freedom-to-operate assessments, especially when developing structurally similar compounds or combination therapies.
- Multiple filings across jurisdictions enhance global patent protection, with China serving as a strategic market and protection hub.
- Remaining aware of patent expiration timelines and potential secondary filings is vital for sustained commercial advantage.
- Effective patent portfolio management in China demands continuous landscape monitoring, as the environment is dynamic and susceptible to new filings that could influence the patent’s enforceability or scope.
FAQs
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What is the primary focus of patent CN101623274?
It generally claims a specific chemical compound, formulation, or process related to a pharmaceutical invention, likely providing protection for a novel active ingredient or therapeutic method within China.
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How does the scope of claims influence enforcement or licensing?
Broad independent claims provide extensive protection, ideal for enforcement, but they are more vulnerable to invalidation. Narrower claims offer specific coverage but may limit licensing scope.
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Are there similar patents in China that could conflict with CN101623274?
Yes, numerous patents in China target similar chemical structures, classes, or therapeutic indications. Patent landscape analysis must identify potential overlaps and freedom-to-operate issues.
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What strategies can extend the protection period of this patent?
Patent term extensions, supplementary protection certificates (if applicable), and filing related secondary patents (e.g., formulations, delivery methods) can prolong market exclusivity.
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Can this patent be challenged or invalidated?
Theoretically, yes. Challenges might arise based on prior art, lack of inventive step, or insufficient disclosure. However, since it was granted, it currently holds enforceable rights, subject to validity disputes.
References
[1] Chinese Patent Office Public Database. Patent CN101623274.
[2] World Intellectual Property Organization (WIPO). Patent Family and Priority Data.
[3] Chinese Patent Law and Guidelines for Patent Examination.
[4] Market intelligence reports on Chinese pharmaceutical patents.
