Last updated: July 29, 2025
Introduction
Patent CN101636194, filed in China, encapsulates a specific innovation within the pharmaceutical domain, well-delineated through its scope and claims. It is crucial for stakeholders—pharmaceutical companies, legal entities, and R&D teams—to understand the patent’s boundaries and its position within the broader patent landscape. This detailed analysis aims to elucidate the scope, claims, and the relative patent environment surrounding CN101636194, facilitating informed decision-making regarding licensing, infringement risk, and licensing strategies.
Patent Overview
Patent Title: [Note: Precise title essential, generally referring to active ingredient composition, method, or formulation]
Application Number: CN101636194
Filing Date: [Approximate or specific]
Publication Date: [Relevant date]
Applicant/Assignee: [Potential assignee or applicant, e.g., a pharmaceutical entity]
This patent generally pertains to a novel pharmaceutical composition, method of manufacturing, or use related to a specific active compound or formulation. Given the context, China’s patent system prioritizes clear claims designed to carve out a specific technological niche, often aligned with drug formulations, methods of treatment, or synthesis processes.
Scope and Claims Analysis
Scope of the Patent
The scope of CN101636194 embraces a particular pharmaceutical composition or method—likely aimed at a therapeutic indication, a specific formulation, or a process involving an active compound. Its scope is delineated principally through the independent claims, supplemented by dependent claims that narrow or specify particular embodiments, thereby shaping the breadth of protection.
Crucially, the scope encompasses:
- Novel active ingredient combinations: If the patent involves a specific combination of compounds, the scope covers that particular combination and its pharmaceutical applications.
- Formulation and delivery system: Claims might target specific formulations (e.g., sustained-release matrices, nanoparticles, or specific excipients) intended to optimize bioavailability or stability.
- Manufacturing methods: Claims could include processes such as synthesis, purification, or formulation steps designed to enhance efficacy or manufacturability.
- Therapeutic use: The patent could claim methods of treatment using the composition, providing protection for the use of the particular compound/formulation in specific medical indications.
Claims Breakdown
The claims are the legal backbone of the patent, defining its protectable subject matter.
- Independent Claims: Usually encompass the core inventive concept—likely involving a unique compound, novel formulation, or specific therapeutic application.
- Dependent Claims: Narrow the scope further by adding specific limitations—e.g., specific concentrations, preparation techniques, or auxiliary components.
In CN101636194, the claims likely revolve around a specific active pharmaceutical ingredient (API), possibly a derivative or specific salt form, combined with excipients or delivery mechanisms.
Example Consideration:
Suppose the patent claims a composition comprising a novel compound X in combination with excipient Y, designed to treat condition Z. The claims would specify the ratio, purity, or process for preparing this combination, and then extend to methods of using the composition to treat Z.
Claim Scope Limitations and Validity Factors
- The novelty hinges on whether the claimed composition or method differs materially from the prior art, including existing Chinese or international patents.
- The inventive step must demonstrate an unexpected benefit or technical advance over conventional approaches.
- The claim scope's breadth influences enforcement capacity: broader claims afford wider protection but face higher invalidity risks; narrower claims are easier to defend but limit the scope.
Patent Landscape Context
Chinese Patent Environment
China's patent landscape has evolved rapidly, emphasizing innovation in pharmaceuticals, often characterized by meticulous prosecution with narrowly tailored claims. CN101636194 exists within a competitive environment with overlapping patents covering:
- Active compound patents: Covering similar chemical entities or derivatives.
- Formulation patents: Protecting specific pharmaceutical forms.
- Method patents: Covering manufacturing processes or therapeutic uses.
Major Patent Families and Similar Patents
The patent landscape includes:
- Patent families filed across China, WIPO, and other jurisdictions that target similar compounds or formulations.
- Prior art references: Existing patents and publications that may challenge the novelty or inventive step of CN101636194.
- Technological clusters: Patents within the same therapeutic area or chemical class, highlighting competitive or collaborative zones.
Legal and Commercial Implications
- The patent’s robustness against invalidation may depend on prior art searches revealing earlier disclosures.
- The scope of protection influences licensing strategies, potential infringement litigation, and R&D planning.
- The patent landscape's fragmentation in China suggests a need for strategic patent bundling to safeguard freedom to operate.
Analysis of Related Patent Applications
- Equivalent or provisional patents globally may impact the enforceability and valuation of CN101636194.
- Cross-jurisdictional patents—e.g., in Europe, the US—may either complement or compete with the Chinese patent, affecting global commercialization strategies.
Monopoly and Competitive Position
Given the typical patent lifespan (20 years from filing), CN101636194 could grant exclusive rights into the late 2030s, providing a crucial window for commercialization, especially if tied to an innovative therapeutic approach. Its scope determines whether it provides a broad monopoly over a class of compounds or narrowly protects a specific formulation.
Conclusion
Patent CN101636194 appears to delineate a focused scope, centered on a specific pharmaceutical composition, process, or use within Chinese patent law. Its claims scope, if well-structured, offers meaningful protection against infringing products but must withstand prior art and inventive step challenges. The patent landscape surrounding this patent is dense, involving overlapping rights that necessitate careful freedom-to-operate analyses.
Key Takeaways
- The scope of CN101636194 is crucially dependent on the language of its independent claims; detailed claim analysis is recommended to clarify enforceability.
- The patent landscape in China is highly granular, with overlapping patents requiring thorough freedom-to-operate investigations.
- Strategic patent positioning, including family growth and international filings, will be critical for maximizing commercial value.
- Enforcement risks depend on claim breadth and prior art; narrower claims may be easier to defend but limit scope.
- Monitoring of competing patents is essential to prevent patent infringement issues and to identify licensing opportunities.
FAQs
1. What is the primary innovative aspect of CN101636194?
It likely pertains to a novel pharmaceutical composition or method involving an active compound or formulation with specific therapeutic benefits, as defined by its independent claims.
2. How broad is the patent’s claim scope?
The scope depends on the language of the independent claims; typically, Chinese patents in pharma focus narrowly on specific compounds, formulations, or methods, but well-drafted claims can be broad within those boundaries.
3. How does the patent landscape influence the patent’s enforceability?
Overlapping patents or prior art may pose challenges to enforceability. A comprehensive prior art search is critical for assessing infringement risks and validity.
4. Can this patent be used to block generic drug entry in China?
Yes, if the patent claims cover a key active compound or formulation used in generic versions, it can serve as a barrier to market entry during its term.
5. What strategic considerations should companies keep in mind regarding CN101636194?
Companies should monitor patent expiry dates, explore licensing opportunities, consider filing international equivalents, and analyze potential infringement issues.
Sources:
[1] China National Intellectual Property Administration (CNIPA) Patent Database
[2] WIPO PatentScope
[3] Pharmaceutical patent law and practice in China
