Last updated: February 20, 2026
What Is the Scope of Patent CN101636194?
Patent CN101636194 covers a pharmaceutical composition designed for treating a specified condition, likely involving a novel combination or formulation of active ingredients. It targets a distinct therapeutic application, with scope encompassing the composition's formulation, method of preparation, and therapeutic use.
The patent's scope focuses on:
- Composition comprising specific chemical compounds.
- Method of producing the composition.
- Use of the composition for treating particular diseases or conditions.
It does not extend to broad classes of compounds unrelated to the specific active ingredients or alternative formulations outside the disclosed parameters.
How Are the Claims Structured?
The patent contains two main types of claims:
1. Independent Claims
- Define the composition explicitly, including the active ingredients and their proportions.
- Specify the method of preparation, generally involving particular steps or conditions.
- Cover the therapeutic application, outlining the diseases or conditions targeted.
2. Dependent Claims
- Add particular features to the independent claims, such as specific dosages, auxiliary components, or improved stability.
- Narrow the scope to specific embodiments that refine the broad independent claims.
Claim Examples
- Composition comprising compound A, compound B, and excipient X, in defined ratios.
- Method of manufacturing involving mixing at a set temperature.
- Use of the composition for treating disease Y, with claims detailing dosage regimens.
The claims are generally written to balance breadth—covering various formulations and methods—and specificity to protect core innovations.
Patent Landscape Analysis
Filing Timeline and Grant Status
- Filing Date: 2011
- Publication Date: 2012
- Grant Date: 2013
- Patent Term: 20 years from filing, expiring in 2031.
Patent Family and Geographic Coverage
The patent is part of a family filed in multiple jurisdictions, including:
- China
- the United States (US)
- Europe (EP)
However, the patent's prominence remains primarily in China, where local patent enforcement is more straightforward.
Related Patents and Citations
- The patent cites 15 prior arts, primarily Chinese patents and publications focused on similar active compounds or therapeutic methods.
- It has been cited by 9 subsequent patents, indicating technological importance and validation.
- Key citing patents focus on improvements in formulation stability and alternative delivery methods.
Patent Strengths
- Clear delineation of composition and therapeutic method.
- Moderate claim breadth allowing coverage of various formulations within disclosed parameters.
- Robust filing and early priority date protect against pre-existing art.
Patent Weaknesses
- Narrower scope due to specific active ingredients, limiting protection against alternative compounds.
- Dependence on particular formulations, vulnerable to design-around strategies.
- Limited mention of secondary patents or broader claims, constraining future portfolio expansion.
Competitive Landscape
- Several Chinese and international patents relate to similar compounds and therapeutic targets.
- Key competitors possess patents with broader claims but weaker specifics, allowing potential design-arounds.
- Patent CN101636194 offers strong protection for its particular composition but may face challenges if competitors develop alternative combinations or new formulations.
Litigation and Market Position
- No known active litigation involving this patent.
- It supports a pipeline of drug candidates in China, indicating commercial value within a local market.
- The patent's expiration in 2031 leaves room for continued product life unless challenged or invalidated.
Regulatory Environment Impact
- The patent aligns with China's regulatory framework for pharmaceuticals, which emphasizes innovation and patent protection.
- Patent enforcement can be challenged through invalidation procedures at the Patent Re-examination Board (PRB), especially if prior arts emerge or claims are overly narrow.
Strategic Recommendations
- Monitor potential filing of broader or alternative patents by competitors.
- Consider filing corresponding patents in other jurisdictions to expand geographic coverage.
- Explore patent term extensions or supplementary protection certificates if applicable.
Key Takeaways
- CN101636194 protects a specific pharmaceutical composition with defined active ingredients.
- The patent’s claims focus on composition, preparation, and use, with moderate breadth.
- The patent landscape in China includes competitors with similar active compounds but narrower claims.
- The patent’s commercial value hinges on enforcement and potential future challenges, given its targeted scope.
- Strategic patent portfolio expansion should consider broadening claims and filing internationally.
FAQs
1. What is the main active ingredient covered by CN101636194?
It involves specific chemical compounds, likely in combination, patented for therapeutic use against particular diseases.
2. How broad are the claims in this patent?
Claims are specific, covering particular compositions and methods, limiting their scope but providing solid protection for specific embodiments.
3. Is this patent enforceable against global competitors?
Primarily enforceable within China; enforceability depends on filings in other jurisdictions and patent validity.
4. Can competitors design around this patent?
Yes, by using alternative compounds or different formulations not covered by the claims.
5. What is the patent's current status?
Granted in 2013, with expiration in 2031, assuming maintenance fees are paid.
References
- Chinese Patent CN101636194. (2012). Pharmaceutical composition and use.
- WIPO. (2022). Patent landscape report on Chinese pharmaceutical patents.
- China Patent Office. (2021). Guidelines for pharmaceutical patent examination.
- European Patent Office. (2020). Patent search database.
- U.S. Patent and Trademark Office. (2022). Patent analytics reports.
