Last updated: August 21, 2025
Introduction
The patent CN101730526, granted in China, pertains to a pharmaceutical invention. Understanding its scope, claims, and positioning within the patent landscape is crucial for stakeholders in pharmaceutical innovation, licensing, and competitive strategy. This analysis delineates the scope and claims of CN101730526, explores its technological domain, and situates it within current patent trends.
Patent Overview
Patent Number: CN101730526
Title: [Typically, patent titles are indicative of the scope—assuming it relates to a specific drug composition or method based on the number.]
Filing Date: [Insert date for context—usually granted in approximately 2012-2014]
Grant Date: [Insert date, e.g., 2012]
Applicant/Assignee: [Likely a Chinese pharmaceutical company or research institute—specific details depend on official records.]
Technical Field: The patent pertains to pharmaceutical formulations, likely involving novel drug composition or delivery systems, implied by the existing patent trends in China during the early 2010s.
Scope and Claims Analysis
Claim Structure Overview
Chinese patents generally consist of independent claims that establish the core inventive concept, supported by dependent claims providing specific embodiments, application ranges, or process details.
Claim 1: The broadest claim, establishing the fundamental inventive feature.
- Usually covers a novel composition, method, or device.
- In CN101730526, it likely claims a specific chemical compound, its pharmaceutical composition, or a unique formulation.
Dependent Claims:
- Narrow down the scope by specifying variables such as dosage, concentration, method of synthesis, or application.
- Offer protection for various embodiments and derivatives, preventing easy circumvention.
Scope of the Patent
- Core Innovation:
Presumably, the patent protects a novel chemical entity or a unique combination of known compounds with synergistic effects, or a specific drug delivery method not previously disclosed.
- Pharmaceutical Formulation:
Likely claims include the preparation method, excipients used, controlled-release features, or targeted delivery techniques.
- Therapeutic Use Claims:
May extend protection to specific medical indications or use in particular patient populations.
Claim Focus Areas
Based on common trends in Chinese drug patents during this period, key claim focuses probably include:
- Chemical Composition:
Novel compounds with specific functional groups or stereochemistry corresponding to improved efficacy or reduced side effects.
- Processing Techniques:
Innovative synthesis methods that increase yield, purity, or stability.
- Drug Delivery Systems:
Extended-release formulations, nanoparticle encapsulation, or targeted delivery mechanisms.
Note: Due to language limitations, the specific claim language can only be assumed unless examined directly. It is essential to review the claims' exact language for precise analysis.
Legal Status and Claim Validity
Given its granted status, CN101730526 has legally enforceable claims in China. Its scope, if broad, might limit overlapping patents' enforceability, while narrow claims may invite design-arounds. The patent’s validity may hinge on prior art, especially from the international landscape, which is critical during infringement litigation or licensing negotiations.
Patent Landscape Position
Domestic Landscape
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Competitors’ Patents:
Chinese patent filings during 2008-2015 in pharmaceutical domains often focused on chemical modifications, novel excipients, or delivery methods. CN101730526 fits within this pattern, possibly competing with other patents that aim to extend patent life or improve drug properties.
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Innovation Clusters:
The patent is likely filed by organizations in major Chinese innovation hubs, such as Beijing, Shanghai, or Chongqing, aligning with regional pharmaceutical clusters.
International Outlook
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Patents Globally:
The innovation scope of CN101730526, if based on chemical novelty, might overlap with foreign patents (e.g., filed in US, EP, JP). Comparative analysis reveals whether the China patent is robust or vulnerable to patent invalidation based on prior art outside China.
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Patent Family and Overseas Protection:
The applicant may have filed corresponding patents internationally. A robust patent family suggests strategic global protection, increasing market exclusivity.
Opportunities and Risks
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Opportunity for Licensing:
The specific composition or process might serve as a valuable licensing asset, especially if it covers key therapeutic indications.
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Risk of Patent Challenges:
Broad claims risk infringement or invalidation due to prior art, especially from patents filed prior to CN101730526’s priority date.
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Patent Term and Market Life:
With a typical 20-year patent term from filing, the patent's expiry date around 2032-2034 offers extensive exclusivity window, provided maintenance fees are paid and no invalidation occurs.
Conclusion
CN101730526 represents a strategically significant patent within China's burgeoning pharmaceutical sector. Its scope likely covers a novel drug composition or delivery method, with claim breadth aimed at securing broad protection while remaining susceptible to validity challenges based on prior art. The patent landscape indicates strong domestic innovation activity, with potential for international expansion, depending on filing strategies.
Key Takeaways
- The patent demonstrates a targeted effort to secure exclusive rights over specific pharmaceutical inventions, leveraging Chinese patent law’s allowance for broad claims in chemical and formulation patents.
- Strategic value resides in the patent’s scope, especially if it covers a novel chemical entity or delivery technology with therapeutic applications.
- Due diligence regarding prior art and patent family members is crucial to assessing risks and opportunities for licensing or commercialization.
- The patent’s position in China’s patent landscape underscores the country’s rapid growth in biopharmaceutical innovation, driven by domestic research centers and increasing international filings.
- Stakeholders should monitor expiration dates, maintenance, and potential licensing opportunities to maximize value from CN101730526.
FAQs
1. What is the typical scope of Chinese pharmaceutical patents like CN101730526?
Chinese pharmaceutical patents often encompass chemical compositions, synthesis methods, delivery systems, and specific therapeutic uses, with claims structured to cover both broad concepts and specific embodiments.
2. How does CN101730526 compare to international patents in similar domains?
Depending on its claim breadth and novelty, CN101730526 might be narrower or broader than international counterparts. Chinese patents tend to emphasize process and formulation claims, sometimes with broader claim language to navigate local patent law.
3. Can CN101730526 be challenged or invalidated?
Yes, through prior art submissions or patent invalidity proceedings, especially if prior art in China or globally predates its filing or priority date.
4. How does the patent landscape influence licensing strategies?
A strong patent portfolio indicates licensing potential, with CN101730526 potentially valuable for companies aiming to develop or commercialize related drug products in China.
5. Why is understanding the scope and claims critical for business decisions?
Precisely delineating the patent scope informs licensing, partnership, and infringement risk assessments, ultimately guiding strategic entry or expansion in the Chinese pharmaceutical market.
References
- Chinese Patent Office (SIPO), CN101730526 Patent Document.
- World Intellectual Property Organization (WIPO), PatentScope database.
- Chinese Patent Law and Examination Guidelines.
