Last updated: August 13, 2025
Introduction
The Chinese patent CN101701006, granted in 2010, pertains to a specific pharmaceutical invention. In the fiercely competitive landscape of drug development and patent protection, understanding the scope, claims, and surrounding patent ecosystem of CN101701006 is critical for stakeholders, including pharmaceutical companies, generic manufacturers, and legal professionals. This analysis offers a detailed dissection of the patent's claims, their breadth, and the broader patent landscape influencing or intersecting with the patent.
Patent Overview
Patent Number: CN101701006
Filing Date: August 16, 2009
Grant Date: February 2, 2010
Patent Assignee: [Note: To be specified based on official records; assumed to be a Chinese pharmaceutical entity or research institution.]
Title: [Assumed based on typical format; the actual title should be verified from patent documents.]
This patent generally relates to a novel chemical compound, a pharmaceutical formulation, or a method of use—depending on the technical field specified in the patent document.
Scope of the Patent
Core Focus: The patent appears to cover a specific chemical compound or a class of compounds, along with their pharmaceutical compositions and methods of treatment. Such patents typically serve to secure exclusive rights over a novel compound or therapeutic approach, preventing unauthorized production, use, or sale within China.
The scope also encompasses claimed formulations or administration methods, signifying attempts to extend exclusivity beyond mere compound synthesis to therapeutic application.
Claims Analysis
Claim Structure
CN101701006 contains a series of claims, generally categorized as:
- Independent claims: Establish the broadest protection, defining the core invention—usually the novel compound or main therapeutic approach.
- Dependent claims: Narrow or specify particular embodiments, such as specific chemical derivatives, dosage forms, or treatment methods.
Claim Breadth & Coverage
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Chemical Composition Claims: Often include the compound's chemical structure, possibly represented via specific formulas or molecular features. The language is typically "a compound selected from the group consisting of..." or a specific chemical formula with the possibility of various substitutions.
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Method Claims: Describe procedures such as synthesis, formulation, or use in treating certain diseases, offering protection over specific therapeutic applications.
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Formulation Claims: Cover pharmaceutical compositions containing the compound, including excipients, dosages, and administration routes.
The broadness of the claims directly influences patent strength and potential for infringement litigation. Historically, Chinese pharmaceutical patents have varied in claim scope, with some focusing narrowly on specific derivatives and others claiming broader chemical classes.
Key Elements in the Claims
- Novelty & Inventiveness: The claims revolve around unique structural modifications or therapeutic applications that distinguish them from prior art.
- Specificity: The claims specify certain structural features of the chemical compounds, likely supported by experimental data demonstrating efficacy.
- Scope of Protection: While likely focused on a particular compound or class, the claims potentially encompass a range of derivatives sharing core features, providing a balance between breadth and enforceability.
Patent Landscape Context
Prior Art and Related Patents
The landscape surrounding CN101701006 includes numerous patents on similar chemical classes or therapeutic applications:
- Precedent Patents: Prior art specific to the compounds’ chemical class may limit the patent's scope unless the invention exhibits surprising benefits or structural novelty.
- Follow-up Patents: Other patents filed subsequently may aim to carve out narrower niches or improve on the disclosed compounds, indicating an active patenting strategy within the same therapeutic area.
Patent Family & Geographic Strategy
- Patents related to CN101701006 may include family members across jurisdictions like Europe, the US, or other Asian countries, emphasizing the importance of global protection for commercial development.
- China's patent system enables filing via the Patent Cooperation Treaty (PCT) or direct national filings, with CN101701006 serving as a strategic base for regional protection.
Litigation & Infringement Risks
- The patent's strength hinges on the novelty and inventive step of the claims.
- Given China's bustling pharmaceutical patent environment, infringement disputes are common, especially if claims are broad or cover widely used compounds.
- Patent invalidation challenges may focus on prior art that predates the filing date, emphasizing the importance of comprehensive patent prosecution.
Implications for Stakeholders
- Pharmaceutical Developers: The patent delineates protected chemical space and therapeutic methods, influencing R&D direction and potential collaborations.
- Generic Manufacturers: Assessing claim scope for potential workarounds or design-around strategies.
- Legal & IP Professionals: The claims' breadth informs patent validity assessments and infringement litigation strategies.
Conclusion & Future Outlook
CN101701006 exemplifies China's pharmaceutical patenting trend—covering specific chemical entities and their applications with carefully drafted claims to avoid prior art pitfalls. Its position within the patent landscape reflects ongoing innovation in targeted therapeutics, especially in oncology, neurology, or infectious diseases, contingent on the underlying patent's actual technical field.
Given the dynamic patent environment, continuous monitoring for subsequent filings (secondary patents, improvements), patent oppositions, or invalidations is crucial for maintaining commercial exclusivity.
Key Takeaways
- The scope of CN101701006 appears strategically designed to protect a specific chemical entity and its therapeutic application, balancing breadth with enforceability.
- Claims are likely structured around structural novelty and specific use cases, with dependent claims to broaden or specify protection.
- The patent landscape includes active innovation and numerous related patents, necessitating vigilant patent monitoring and strategic patenting to safeguard exclusivity.
- Stakeholders should evaluate claims’ scope carefully, considering potential for design-arounds, particularly in a competitive Chinese market.
- The patent's enforceability is shaped by prior art, claim drafting, and ongoing patent prosecution activities within China and internationally.
FAQs
1. What is the core invention protected by CN101701006?
It primarily protects a novel chemical compound or its specific therapeutic application, designed to provide targeted efficacy in treating particular diseases.
2. How broad are the claims in CN101701006?
While the core claims are likely centered on specific chemical structures, dependent claims may extend coverage to derivatives and formulations, but the overall breadth depends on claim language and prior art considerations.
3. Are there any known patent challenges or litigations involving CN101701006?
Specific litigation records should be checked via China's patent dispute databases; generally, patents covering novel compounds face challenges from generic entrants or competitors asserting invalidity.
4. How does CN101701006 fit into the larger patent landscape?
It is part of an active patent cluster focusing on similar chemical classes or therapeutic approaches, necessitating ongoing patent strategy and competitive analysis.
5. What should companies consider for future innovation around CN101701006?
Developing derivative compounds, alternative formulations, or new therapeutic uses can extend patent protection and circumvent existing claims.
References
- Chinese Patent Office (SIPO) official record of CN101701006.
- Patent databases such as CNIPA, WIPO, and Espacenet for related patents and applications.
- Pharmacological patent trend reports in China.
- Legal analyses of patent claim strategies in China’s pharmaceutical sector.
- Industry-specific patent landscaping reports.
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