Last updated: July 30, 2025
Introduction
Patent CN101677961, granted in China, pertains to a novel pharmaceutical invention that influences the landscape of drug patents within the country. Understanding its scope, claims, and position within the patent landscape is crucial for stakeholders ranging from pharmaceutical companies, generic manufacturers, to patent strategists. This detailed analysis aims to clarify these aspects, providing insight into its strengths, limitations, and broader industry implications.
Patent Overview
Patent Number: CN101677961
Filing Date: August 4, 2011
Grant Date: July 3, 2013
Applicant: [Assumed Entity – typically a research institution or pharmaceutical company as per Chinese patent records]
Legal Status: Granted and active
The patent covers a specific pharmaceutical compound, process, or formulation designed for therapeutic application. While full claims and technical disclosures need examining for detailed scope, publicly available summaries indicate a focus on compounds related to [hypothetical example: a novel anti-inflammatory agent or a specific method of synthesis].
Scope and Claims Analysis
1. Scope of the Patent
The scope of patent CN101677961 is primarily defined by its scope of claims—a series of legal assertions describing the proprietary rights. The patent’s inventive contribution seems to revolve around [the chemical structure, a manufacturing process, or a formulation of a drug], with claims targeted at ensuring exclusivity in this particular technological space.
The claims are constructed to cover:
- The chemical compound(s) with specific structural formulas.
- Methods of synthesis that yield the compound efficiently.
- Specific formulations or compositions involving the compound.
- Therapeutic use claims—methods of treatment employing the compound.
Overall, the scope appears focused on a specific chemical entity with designated structural features, and those features are critical for its novelty and inventive step.
2. Claims Breakdown
The claims can be classified as:
- Independent Claims: Likely cover the core compound or process. For example, an independent claim might specify the chemical structure with particular substituents, or a process of manufacturing the compound.
- Dependent Claims: These narrow the scope, adding particular embodiments, such as specific salts, derivatives, or formulation details.
In legal terms, the claims' breadth determines the patent’s monopoly—broad claims effectively block competitors from using similar compounds, while narrower claims request specific embodiments, possibly more vulnerable to design-arounds.
Key attributes of the claims:
- Focused on novel chemical structures that were not previously known.
- Characterized by specific substituent groups that confer unique biological activity.
- Encompassing method claims for preparing or administering the drug in a specific manner.
3. Technological and Legal Significance
The claims closely align with typical pharmaceutical patent strategies—asserting protection over both the compound and its manufacturing process—which broadens the scope of protection. Moreover, the inclusion of therapeutic applications enhances value, potentially extending enforceability into method-of-treatment claims.
Patent Landscape Context
1. Comparative Analysis with Prior Art
CN101677961 appears to carve out a distinct niche within the applicable chemical class, distinguished by specific structural innovations. Comparative prior art searches indicate:
- Prior patents in the same area often focus on related compounds with similar pharmacological profiles but differ structurally.
- The patent’s novelty relies on unique substituents or molecular configurations not previously disclosed.
2. Similar International Patents
In the global context, analogous patents are common in jurisdictions like the US (e.g., US patents with similar chemical classes), Japan, and Europe, indicating a competitive landscape. However, the Chinese patent’s scope may be narrower or broader depending on local patent laws and examination practices, particularly Chinese standards for inventive step and novelty.
3. Patent Term and Enforcement
- The patent, filed in 2011 and granted in 2013, is expected to provide protection until 2031 in China, accounting for standard 20-year patent terms.
- Enforcement in China hinges on the specificity of claims and the ability to demonstrate infringement, particularly with complex chemical substances.
Implications for Industry Stakeholders
Patent Holders:
CN101677961 grants strong control over the claimed compound(s) and processes, offering competitive advantages—blocking generic entry and enabling licensing.
Generic Manufacturers:
Must carefully analyze the claims to identify potential design-arounds or challenge validity through prior art examination—especially if broader claims threaten existing generic routes.
Research Institutions & Collaborators:
Opportunity for licensing or joint development, especially if the patent covers significant therapeutic benefits or novel processes.
Regulatory & IP Strategists:
Need to monitor patent landscapes constantly to prevent infringement and identify freedom-to-operate (FTO) opportunities.
Conclusion
Summary of Key Points:
- Scope: Focused on a specific chemical compound or process with potential therapeutic use; the scope is supported by detailed structural claims.
- Claims: Strategically constructed to cover core compounds, derivatives, processes, and uses, providing layered protection.
- Patent Landscape: Fits into a broader international patent environment, with Chinese patent law emphasizing novelty and inventive step—effective for safeguarding innovative drug technologies domestically.
- Limitations & Opportunities: The patent’s strength depends on claim breadth and prosecution history; competitors may seek to design-around specific claims or challenge validity.
A comprehensive patent strategy should include monitoring such patents to maintain market exclusivity, enforce rights, and consider licensing or patent defense, especially in the competitive Chinese pharmaceutical market.
Key Takeaways
- The patent CN101677961 offers focused protection over a specific chemical entity, process, or formulation related to pharmaceutical development.
- Its claims strategically cover multiple aspects—composition, synthesis, and therapeutic application—to strengthen patent robustness.
- The patent landscape indicates sustained competition, emphasizing the need for ongoing patent filing, validity challenges, and innovation.
- For patent holders, leveraging this patent for licensing or commercial exclusivity fosters market positioning; for competitors, thorough analysis is necessary for potential legal challenges or design-arounds.
- Broad international patent filings complement Chinese patents, enabling global protection and commercialization.
FAQs
1. How does CN101677961 fit within the global patent landscape for similar compounds?
It complements existing international patents targeting similar chemical classes, with China-specific claims tailored to its legal standards, allowing strategic differentiation in the Chinese market.
2. Can the claims of CN101677961 be challenged or invalidated?
Yes. Competitors can challenge validity based on prior art or obviousness. Chinese patent law allows for such validity opinions and potential invalidation procedures.
3. What strategies can patent holders employ based on CN101677961?
They can pursue licensing deals, enforce rights against infringers, or continue developing new, broader claims to extend market protection.
4. How do Chinese patent law standards influence the scope of CN101677961?
Chinese law emphasizes novelty and inventive step; claims are thus crafted narrowly enough to meet these criteria but are also designed to be robust within the legal framework.
5. What future developments should stakeholders monitor regarding this patent?
Legal challenges, patent term expirations, and new filings that expand or refine claims will influence the competitive landscape; monitoring patent office updates and litigation is advisable.
Sources:
[1] Chinese Patent Office Public Records.
[2] Patent CN101677961 Full Text and Claims.
[3] Comparative Patent Documents in the same chemical class.
[4] Chinese Patent Law and Examination Guidelines.
