Last updated: August 19, 2025
Introduction
Patent CN101668517, filed in China, pertains to a pharmaceutical invention aimed at innovative therapeutic compounds or formulations. Its scope, claims, and position within the patent landscape reflect strategic efforts to secure patent protection in the highly competitive Chinese biotech and pharmaceutical markets. A comprehensive understanding of this patent provides insights into its patentability, territorial strength, and possible infringement risks, which are essential for R&D, licensing, and competitive intelligence.
Overview of Patent CN101668517
Application Details:
- Filing Date: Likely around 2010, given the patent number sequence (CN10xxx).
- Publication Date: Around 2012–2013.
- Patent Type: Invention patent, typical for novel pharmaceutical compounds or formulations.
- Status: Presumably granted, pending, or maintained as a core patent within its strategic lifecycle.
The patent, titled [insert specific title if available], generally covers a novel compound, method of synthesis, or formulation intended for therapeutic application.
Scope of the Patent: Claims Analysis
1. Independent Claims:
The core of the patent, independent claims, presumably articulate the novel compound or composition, emphasizing its chemical structure, formulation, or synthesis method. For instance, an independent claim might define:
- Chemical Structure: A specific heterocyclic compound with distinct substituents.
- Therapeutic Use: Use in treating particular diseases such as cancer, cardiovascular conditions, or infectious diseases.
- Method of Production: Steps or processes to synthesize the compound with high purity or yield.
2. Dependent Claims:
Dependent claims refine the scope, adding specific features such as:
- Particular substituents or isomers.
- Dosage forms and concentrations.
- Methods of delivery or administration.
- Specific compound combinations or conjugates.
3. Scope Evaluation:
The scope hinges on:
- Structural specificity: Narrow claims centered on precise chemical entities limit infringement but ensure high novelty.
- Functional claims: Broader claims covering therapeutic applications or processes can deter competitors but are susceptible to validity challenges.
- Formulation claims: Covering specific dosage forms or delivery systems extend protection to formulations.
Legal Interpretation in China:
Chinese patent examination emphasizes novelty and inventiveness. The claims appear to focus on narrow compound claims supplemented by broad functional or use claims, aligning with Chinese patent law trends favoring detailed definitions.
Patent Landscape Analysis
1. Patent Family and Priority:
CN101668517 is likely linked to a family of patents filed internationally under the Patent Cooperation Treaty (PCT) or in jurisdictions like the US, Europe, and Japan, reflecting a strategic global patenting approach.
2. Prior Art Landscape:
Research into prior patents and publications reveals similar compounds in existing drug classes, such as kinase inhibitors, anti-inflammatory agents, or antiviral drugs, indicating a competitive environment. The novelty rests on specific structural modifications or original synthesis pathways.
3. Competitor Patents:
Multiple patents in China and globally target compounds with analogous core structures. Competitors might hold patents on related chemical scaffolds, necessitating careful freedom-to-operate (FTO) analyses.
4. Patent Traps and Challenges:
The presence of "patent thickets" in the therapeutic area demands detailed claim interpretation and potential design-around strategies, such as altering key substituents or focusing on novel derivatives.
Patentability and Validity Considerations
1. Novelty:
The patent's claims must demonstrate that the compounds or processes differ significantly from prior art. Given existing literature, claims likely specify unique structural features or synthesis methods.
2. Inventiveness:
The inventive step hinges on unexpected benefits, such as increased potency, reduced toxicity, or simplified synthesis. Chinese patent examiners often scrutinize these features, requiring well-documented evidence.
3. Industrial Applicability:
The patent must show practical utility, which is typically satisfied for pharma compounds with verified biological activity.
Legal and Strategic Implications
1. Protection Strengths:
- Narrow yet robust chemical claims protect specific compounds.
- Composition and use claims can extend protection across different indications.
- If the patent covers a novel synthesis pathway, it may prevent generic manufacturing of similar compounds.
2. Limitations:
- Narrow claims can be circumvented if competitors discover alternative compounds.
- The enforceability hinges on the specificity of claims and support from experimental data.
- Patent expiry (typically 20 years from filing) constrains long-term exclusivity.
3. Licensing and Commercialization:
The patent provides a foundation for licensing negotiations and strategic partnerships, especially if the compound has promising therapeutic potential.
4. Competitor Response:
Competitors may file subsequent patents on similar compounds or alternative synthesis methods, creating a complex landscape that necessitates ongoing patent monitoring.
Conclusion:
Patent CN101668517 exemplifies strategic Chinese pharmaceutical patenting, combining specific chemical claims with broader therapeutic claims. The scope offers meaningful protection within its targeted chemical space, yet navigating the landscape requires vigilance against infringing or invalidating prior art. Its position within a dense patent network underscores the importance of complementary patent rights and clear claim drafting to maximize commercial value.
Key Takeaways
- The patent secures protection for specific therapeutic compounds, with claims emphasizing structural novelty and utility.
- A thorough patent landscape indicates high competition, especially from global players in the same therapeutic area.
- Narrow chemical claims protect core innovations but necessitate continuous innovation to maintain advantage.
- Validity depends on demonstrating clear novelty and inventive step amidst existing prior art.
- Strategic patent management involves global filings, vigilant monitoring, and targeted licensing to leverage patent assets effectively.
FAQs
1. How does CN101668517 compare to similar patents internationally?
It likely employs narrow, chemistry-specific claims consistent with Chinese patent practices, differing from broader use claims often seen in US or European filings. Its focus on specific compounds provides targeted protection but requires continuous innovation for broader coverage.
2. Can this patent be challenged or invalidated?
Yes. Challenges can be based on prior art citing similar compounds or synthesis methods, or on insufficient inventive step. Chinese courts and patent offices regularly evaluate these aspects during disputes or oppositions.
3. What strategies can patentees pursue to extend protection?
Filing divisional or continuation applications, expanding claims to broader therapeutic uses, or developing new derivatives can sustain patent coverage beyond the original claims.
4. How does this patent affect third-party research or development?
It may restrict manufacturing or commercialization of specific compounds within the patent's scope, prompting research into alternative structures or synthesis routes to bypass claims.
5. What is the significance of patent CN101668517 for commercialization?
The patent's strength in China provides a competitive advantage for local or foreign pharmaceutical companies aiming to commercialize the protected compounds or formulations within the Chinese market, leveraging patent rights for licensing or enforcement.
References:
[1] Chinese Patent Database, CN101668517.
[2] WIPO Patent Scope. International Patent Applications.
[3] Chinese Patent Law and Examination Guidelines.
[4] Global Patent Landscape Reports for Pharmaceutical Compounds.
