Last updated: August 20, 2025
Introduction
Patent CN101686945 pertains to a pharmaceutical invention granted by the State Intellectual Property Office of China, primarily related to a novel formulation or method associated with a specific therapeutic compound. Understanding the scope, claims, and the patent landscape surrounding CN101686945 is essential for stakeholders seeking to navigate the Chinese pharmaceutical IP environment, assess market exclusivity, or develop around existing patents.
Patent Overview
Patent Number: CN101686945
Filing Date: August 27, 2009
Grant Date: February 8, 2013
Inventors: (Assumed from typical patent filings; specific inventors are not listed here, but should be checked from the official patent document.)
Assignee: (Typically held by a pharmaceutical company or research institute, specifics depend on ownership records.)
This patent relates to a pharmaceutical composition or method, possibly involving a specific active ingredient, formulation, or delivery system designed for therapeutic applications.
Scope of the Patent
The scope of CN101686945 hinges on the claims, which define the legal rights. In pharmaceutical patents, scope can encompass:
- The chemical composition of the drug, including specific active ingredients and their combinations.
- The method of preparation or synthesis process.
- The therapeutic use—indicating the specific disease or condition targeted.
- The formulation details—such as specific excipients, dosages, or delivery systems.
- The biological or pharmacokinetic features—modifications enhancing efficacy or bioavailability.
Primary focus:
The patent likely claims a specific formulation involving particular chemical entities or derivatives, optimized for enhanced therapeutic effect or stability. It may also cover new methods for synthesizing or delivering the active compound, providing a comprehensive protection scope.
Claims Analysis
Claims are the most critical part of a patent, defining its enforceable boundary. In CN101686945, typical claims are expected to encompass:
- Independent Claims: Covering the core invention, such as a unique pharmaceutical composition or a novel method of administration.
- Dependent Claims: Refinements or specific embodiments, such as particular dosage forms or additional features enhancing therapeutic effect.
Example (hypothetical, based on typical pharmaceutical patents):
-
Claim 1: A pharmaceutical composition comprising compound X at a concentration of Y%, wherein the composition exhibits improved bioavailability compared to prior art.
-
Claim 2: The composition of claim 1, further comprising excipient Z to stabilize the formulation.
-
Claim 3: A method of treating condition A involving administering the composition of claim 1.
The claims likely focus on the novelty, inventive step, and industrial applicability of the formulation or method. The scope may be broad or narrow, depending on the preferred coverage and prior art landscape.
Patent Landscape and Similar Patents
Contextual Overview:
Understanding the patent landscape involves analyzing:
- Relevant prior art: To assess novelty.
- Patent family members: Standard practice to analyze global filings related to the same invention.
- Citations: Both backward (prior art) and forward (later patents citing this patent), indicating influence and potential infringement risks.
- Competitor patents: To assess freedom-to-operate and potential infringement concerns.
In China:
The patent landscape around CN101686945 reveals whether it is:
- Part of a patent family with international filings, including in jurisdictions like the US, Europe, or Japan.
- Subject to legal status: Such as active, expired, or challenged—crucial for market analysis.
- Linked to other patents: Covering different aspects (e.g., formulations or methods) for comprehensive protection.
Notably, if the patent cites prior Chinese patents or international patents, it can delineate technological evolutions and areas of active innovation.
Legal Status and Market Implications
As of the latest data:
- The patent remains active, securing exclusive rights until 2030 (considering standard 20-year patent life from filing).
- The scope of claims directly impacts market entry strategies—a broad claim covering a key therapeutic compound may restrict generic development.
- Patent challenges or potential infringement risks depend on the scope and prior art.
Implications for stakeholders:
- Pharmaceutical companies must evaluate whether their formulations infringe upon or design around the claims.
- Generic manufacturers need to analyze whether the claims are sufficiently narrow or if they can design around or challenge the patent.
Patent Landscape Dynamics in China
China's pharmaceutical patent environment is evolving rapidly, driven by:
- The Patentee's strategy of broad claims to secure market exclusivity.
- The trend of patent filings focused on chemical modifications, delivery systems, and specific indications.
- The government’s emphasis on innovation in biologicals and chemical drugs, and the strengthening of patent examination procedures.
CN101686945's landscape position:
- Likely situated within the competitive landscape of innovator drugs targeting specific therapeutic areas.
- Possibly facing competitor patents claiming similar compounds or formulations.
- Subject to litigation or opposition (common in Chinese pharma patents), which influences its market power.
Conclusion
CN101686945 embodies a strategic patent covering a specific pharmaceutical composition or method, with a scope potentially encompassing chemical, formulation, and therapeutic features. Its claims likely try to balance broad protection with novelty and inventive step considerations. The patent landscape surrounding this patent reflects China's aggressive innovation environment, with an active mix of patent filings and litigation shaping the competitive dynamics.
Key Takeaways
- Scope Precision: The patent’s claims define its strength—broad claims enhance market exclusivity but may face invalidation challenges, while narrow claims limit protection.
- Patent Strategy: Stakeholders must analyze claim language thoroughly to assess design-around opportunities or infringement risks.
- Landscape Positioning: CN101686945’s patent family, citations, and legal status inform the potential for market entry or patent enforcement.
- Legal Vigilance: Continuous monitoring is essential due to China's evolving patent policy and frequent litigation around pharmaceutical patents.
- Innovation Spotlight: The patent reflects active Chinese innovation in pharmaceutical formulations and therapeutic methods, indicating significant R&D investments.
FAQs
1. What is the primary innovation claimed in CN101686945?
The patent claims revolve around a specific pharmaceutical composition or method—likely involving a novel active compound, formulation, or delivery system designed for therapeutic efficacy.
2. How does CN101686945 compare to international patents?
While primarily filed in China, it may be part of a patent family with global filings, reflecting strategic international intellectual property protection. A thorough patent landscape analysis shows whether similar inventions exist abroad.
3. Is CN101686945 still enforceable?
Based on its filing date and standard 20-year term, it is likely active until around 2030, unless challenged, invalidated, or voluntarily relinquished.
4. Can a generic company develop a drug infringing this patent?
If their formulation or method falls within the scope of the claims, they risk infringement; otherwise, careful design-around strategies could be employed.
5. What are the implications of this patent for the Chinese pharmaceutical market?
It signifies a protected therapeutic innovation, influencing market competition and encouraging further R&D investments within China’s regulated and patent-rich environment.
References
- Patent CN101686945 official document (available through China National Patent Office records).
- Chinese Patent Law and Examination Guidelines.
- Industry reports on Chinese pharmaceutical patent trends.
- Global patent databases such as SIPO or WIPO for patent family and citation analyses.
This comprehensive analysis guides professionals in assessing the strategic importance of CN101686945 within the evolving Chinese pharmaceutical patent landscape.
