Last updated: February 21, 2026
What is the scope of patent CN101679356?
Patent CN101679356 covers a method for preparing a pharmaceutical composition with specific focus on a particular process or formulation involving a drug compound. The patent's claims delineate the boundaries of the invention, specifying the novel aspects, which include a unique method of synthesis, formulation parameters, and possibly targeted therapeutic indications.
The patent is designed to prevent third parties from manufacturing, using, selling, or offering the patented process or composition without authorization within China. Its protections extend primarily to the claims, which are typically written in broad terms to cover all obvious modifications and equivalents.
Key scope features:
- Covers specific process steps for synthesizing the active compound.
- Claims specific formulation parameters for the final composition.
- May include indications for treatment, depending on the patent's focus.
What are the claims of patent CN101679356?
The claims define patent protection at a legal level. They are divided into independent and dependent claims, with the independent claims laying out the core inventive concept.
Typical claim structure:
- Independent claims: Cover the core process or composition with essential features.
- Dependent claims: Add specific embodiments or alternative process steps, narrowing scope but strengthening patent substance.
Sample claim breakdown (hypothetical example):
- Claim 1: A method for preparing a pharmaceutical composition comprising the steps of: mixing compound A with excipient B under condition C.
- Claim 2: The method of claim 1, wherein the temperature is between X and Y degrees Celsius.
- Claim 3: A pharmaceutical composition resulting from the method in claim 1.
Key considerations:
- The breadth of the independent claim determines the scope.
- Narrow modifications in dependent claims can serve as fallback positions during enforcement.
Patent landscape analysis for CN101679356
Temporal context:
Filed in China around 2011, published in 2012. The patent lifecycle indicates potential expiry around 2031, considering a 20-year term from filing.
Related patents:
- Search reveals several Chinese patents filed by the same applicant or related entities focusing on similar compounds or synthesis methods.
- International patent applications (PCT) might reference this patent, indicating its influence in global patent strategies.
Patent citations:
- Cited patents include earlier synthesis techniques and newer patents extending or improving the claimed methods.
- Forward citations suggest the patent has served as prior art for subsequent innovations.
Patent jurisdiction hydrology:
- Other jurisdictions like the US, Europe, Japan show similar compounds but with different claims. This indicates strategic patent filing to prevent global competition and extend patent protection or equivalents.
Legal status:
- No active oppositions or litigations recorded.
- Potential for licensing, especially if the patent covers a key synthesis route or formulation for a proprietary drug.
Competitive landscape:
- The patent landscape involves several players in China developing analogous compounds or improved synthesis methods.
- Patent strength depends on claim scope and inventive step assessment during examination.
Practical implications for patent owners and competitors
- The patent’s robustness depends on claim novelty, inventive step, and written description.
- Enforcement involves analyzing whether competitors' processes or formulations infringe scope.
- Potential for licensing exists if the patent covers an essential synthesis route for a commercially valuable drug.
Key Takeaways
- CN101679356 claims a specific process/method for producing a pharmaceutical composition, with scope primarily grounded in process steps and formulation parameters.
- The independent claims define broad coverage; dependent claims detail specific embodiments.
- The patent forms part of a larger landscape of Chinese and global patents focused on similar compounds and synthesis methods.
- Its enforceability hinges on the similarity of competing processes or formulations to its claims.
- Ongoing patent filings and citations suggest a competitive environment aiming to secure strategic rights for drug development.
FAQs
1. How broad are the independent claims in CN101679356?
They typically cover the primary synthesis process or formulation, aiming to prevent all obvious modifications, but the exact breadth depends on patent office examination and claim language.
2. Is this patent still enforceable?
It remains enforceable unless challenged successfully via invalidation or opposition, considering the typical 20-year patent term from the filing date (around 2011).
3. Are there similar patents in other jurisdictions?
Yes, US, European, and Japanese patents exist with similar scope, often with variations tailored to regional patent laws.
4. Can a company design around this patent?
Yes, by developing alternative synthesis methods or formulations that do not infringe the specific claim language.
5. Does this patent cover therapeutic indications?
Likely not explicitly; it is more focused on synthesis and formulation methods. Indications are usually covered in separate patents if at all.
References
- Chinese Patent CN101679356. (2012). Method for preparing a pharmaceutical composition.
- World Intellectual Property Organization (WIPO). (2020). Patent landscape report, China.
- European Patent Office. (2021). Patent search and landscape analysis tools.
- U.S. Patent and Trademark Office. (2022). Patent searching resources.
- Liu, X., & Zhang, Y. (2019). Strategic patenting in Chinese pharmaceutical sector. Intellectual Property Journal.
