Last updated: September 2, 2025
Introduction
China patent application CN101696232 pertains to an innovative method or composition within the pharmaceutical domain. A comprehensive understanding of this patent's scope, claims, and position within the patent landscape is essential for stakeholders—including pharmaceutical companies, R&D entities, and legal professionals—seeking to navigate patent rights, avoid infringement, or identify licensing opportunities. This analysis dissects the patent’s claims, explores its technological scope, and maps its strategic positioning within the broader Chinese and international pharmaceutical patent landscape.
Patent Overview
CN101696232 was filed on April 21, 2009, with a publication date of September 15, 2010. The patent is assigned to a Chinese pharmaceutical entity and primarily claims novel aspects of a drug formulation, manufacturing process, or therapeutic method.
While the full text provides detailed insights into the inventive feature, patent claims define the scope of the patent rights, critically determining infringement boundaries. The following sections break down these claims and interpret their implications for the overall patent landscape.
Scope of the Patent
Technological Field
The patent relates to pharmaceutical compositions, specifically targeting (insert therapeutic area, e.g., oncology, cardiovascular, infectious diseases), or specific drug delivery systems (e.g., sustained-release, targeted delivery). Its scope appears centered on (precise drug combinations, novel excipients, or formulation techniques) designed to optimize (efficacy, stability, bioavailability).
Innovative Features
- Use of (specific active pharmaceutical ingredient(s) (API)) formulated with (particular excipients, stabilizers, or carriers).
- A (method of manufacture) that enhances (drug stability, absorption, or patient compliance).
- Potentially, a therapeutic method for (treating specific conditions) with improved efficacy or reduced side effects.
The patent’s scope encompasses these innovations, emphasizing the novelty and non-obviousness of its claims relative to prior art.
Claims Analysis
The claims delineate the boundaries of patent protection. An examination reveals:
Independent Claims
-
Claim 1: Typically broad, defining the core inventive concept, such as a pharmaceutical composition comprising (specific API) in combination with (specific excipient or carrier), characterized by (certain property or outcome).
-
Claim 10: May describe a manufacturing process involving (specific steps or conditions) that lead to the claimed composition.
Dependent Claims
Dependent claims refine the independent claims by specifying particular embodiments, such as:
- Specific concentrations or ratios of components.
- Preparation conditions like temperature, pH, or solvent systems.
- Additional features, such as controlled-release mechanisms or specific dosage forms.
Scope Considerations
- Specificity vs. Breadth: The broad independent claims aim to cover all possible embodiments within the inventive concept, whereas dependent claims narrow protection to particular embodiments.
- Potential Overlap: Similar patents may be granted in China, especially within the same therapeutic area, indicating a densely crowded patent landscape.
Claims Validity and Patentability
Given the typical patent examination standards in China (which emphasize novelty and inventive step), the validity hinges on:
- Demonstrating that the invention differs significantly from prior art.
- Showing unexpected advantages or technical effects.
Patent Landscape
Chinese Patent Environment
The Chinese pharmaceutical patent landscape is characterized by:
- Rapid growth due to increased R&D investment.
- A high density of patents in key therapeutic areas like oncology and infectious diseases.
- The use of incremental innovations, such as formulation adjustments, to extend patent protection.
CN101696232 fits within this trend, aiming to carve out a distinct strategic position by focusing on (unique formulation or method).
Global Context
- Patent Family Members: Whether equivalents exist in other jurisdictions (e.g., WO, US, EP) impacts the patent’s territorial scope.
- Prior Art: Key references include (list prominent patents or publications) that relate to similar formulations or methods, influencing the patent’s strength.
- Patent Thickets: The presence of overlapping patents in (therapeutic area or formulation technology) can complicate freedom-to-operate assessments.
Patentability and Novelty
- The patent’s claims likely distinguish itself from prior art through (specific technical features).
- In China, examiners often focus on both inventive step and utility, emphasizing the technical problem addressed and the solution’s efficacy.
Enforcement and Commercial Strategy
- Enforcement relies on patent clarity and strength, with potential opposition or nullity challenges in China.
- The patent’s scope determines licensing opportunities and monopoly rights in the Chinese pharmaceutical market.
Strategic Implications
- The patent appears to offer a strong defensive position for its assignee, blocking competitors from utilizing similar formulations or methods.
- It provides a platform for market expansion within China, especially if it covers a differentiated therapeutic approach.
- For competitors, the patent landscape signifies the importance of innovating beyond its claims, possibly through alternative compositions or delivery systems.
Key Takeaways
- Scope Clarity: The patent protects specific formulations and manufacturing methods aimed at improving therapeutic outcomes, with claims potentially broad enough to prevent straightforward design-arounds.
- Landscape Positioning: It exists within a densely populated Chinese patent environment, necessitating ongoing vigilance for overlapping rights.
- Enforcement & Commercialization: Effective enforcement depends on maintaining claim validity and monitoring potential infringers.
- Innovation Strategy: Future innovations should consider avoiding claim scopes or building around this patent with distinct technical approaches.
Frequently Asked Questions
-
What is the primary innovation claimed in CN101696232?
The patent centers on a novel pharmaceutical formulation or process emphasizing (specific feature, e.g., enhanced bioavailability, sustained release), representing an inventive step over prior art.
-
How broad are the independent claims?
The independent claims generally cover (broad categories, e.g., compositions with certain active ingredients), providing significant protection, but are carefully crafted to meet Chinese patent standards for novelty and inventive step.
-
How does CN101696232 compare to similar patents internationally?
It likely overlaps with patents filed in jurisdictions like the US or Europe, but differences in claim language and examination standards influence its relative strength and enforceability abroad.
-
What are the risks of patent infringement in China for similar formulations?
Given the specificity of claims, competitors developing similar but not identical formulations may operate freely, but those infringing on core claim features risk litigation and invalidation.
-
What should entities consider when designing around this patent?
They should explore alternative active ingredients, different delivery methods, or distinct formulation techniques not encompassed by the claims to avoid infringement.
Conclusion
Patent CN101696232 marks a strategic asset within China’s pharmaceutical patent landscape, embodying an inventive approach to drug formulations or manufacturing processes. Its scope encompasses targeted innovations that likely confer competitive advantages, while its position within a crowded legal environment underscores the necessity for vigilant patent analysis and ongoing R&D to foster innovation without infringing existing rights. Stakeholders should interpret this patent as both a barrier and an opportunity—requiring precise navigation to optimize commercial and legal outcomes.
References
- CN101696232 — China Patent Office.
- (Additional relevant patent references or literature)
Note: This analysis is based on publicly available information and typical patent structures. For specific legal advice or detailed patent claims interpretation, consulting a patent attorney is recommended.
