Last updated: August 8, 2025
Introduction
Patent CN101730530, filed in China, pertains to a novel pharmaceutical compound or formulation, as indicated by its classification within China's patent classification systems and the focus of related IP filings. The patent’s scope, claims, and positioning within the Chinese pharmaceutical patent landscape are crucial for stakeholders aiming to understand its proprietary protection, potential for licensing, or competitive edge.
Patent Overview and Filing Details
Filed by [Applicant Name], CN101730530 was granted on [Grant Date] after examination, indicating considerations of novelty, inventive step, and industrial applicability aligned with China's patent standards. The patent's primary focus lies in a specific drug compound, formulation, or method of production, claiming both structural and process-related innovations (assuming typical composition-based patents in pharmaceuticals).
Scope of the Patent
The scope of patent CN101730530 encompasses:
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Core Innovation:
The patent claims a novel chemical entity or a medicinal formulation exhibiting specific pharmacodynamic or pharmacokinetic properties. Alternatively, it may pertain to a manufacturing process that improves yield, purity, or stability.
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Coverage:
The protective scope extends to the chemical structure, derivatives, salts, and stereoisomers of the core compound, as well as methods for synthesis, formulation, and potentially method of use in therapeutic applications.
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Limitations:
The claims likely define the scope narrowly to the particular chemical structure or process, aiming to overcome prior art limitations and ensure enforceability while maintaining specificity.
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Boundary Conditions:
Claims exclude known compounds, prior art methods, or alternative formulations outside the precise chemical or process boundaries set forth.
Claims Analysis
Claims Breakdown:
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Independent Claims:
Central claims articulate the composition or process with particular structural formulas, concentration ranges, or process steps. For example, if the patent covers a new class of anti-inflammatory agents, an independent claim may specify the chemical structure's core backbone with functional groups.
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Dependent Claims:
These narrow the scope, covering specific embodiments, such as certain salt forms, dosage forms, or methods of administration. They serve to reinforce the patent's breadth while providing fallback positions during infringement or validity challenges.
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Scope of Claims:
The claims likely prioritize compound claims over method claims, reflecting a typical approach where the primary protection targets the composition itself, with ancillary claims on manufacturing and use.
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Illumination of Inventive Step:
The claims are crafted to distinguish over prior art by emphasizing structural modifications that confer superior activity or reduced toxicity, which are salient for patentability in China.
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Claim Language and Functional Limitations:
The language probably employs precise chemical nomenclature, possibly using Markush structures, to encompass classes of compounds. Functional language may describe the pharmacological effect, but Chinese patent law favors structural specificity.
Patent Examination Considerations:
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The claims must demonstrate novelty over prior Chinese and international patents, with clear distinctions in chemical structure or process.
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Inventive step is supported if the claims define non-obvious structural modifications or process improvements.
Patent Landscape for Similar Chinese Pharmaceutical Patents
1. Filing Trends and Patent Families in China
China’s evolving pharmaceutical patent landscape displays a surge in filings, especially after China's accession to the Patent Cooperation Treaty (PCT) system. Notably:
- Innovative compounds: Many filings focus on novel chemical structures targeting prevalent therapeutic areas like oncology, CNS disorders, and infectious diseases.
- Method of use claims: Increasing emphasis on indications, reflecting strategic expansion of patent scope.
- Formulation patents: Focused on delivery mechanisms and stable formulations to extend market exclusivity.
2. Strategic Positioning within the Chinese Patent System
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Patent Clusters:
A significant number of patents relate to similar chemical classes, indicating active R&D in that area and competitive patent filings to carve out market share.
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Patent Families:
Key players often file multiple patents in a family to encompass different aspects (compound, methods, formulations) for robust protection.
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Legal Landscape:
China’s patent examination now rigorously scrutinizes inventive step, especially in pharmaceuticals, requiring clear differentiation from prior art. Patent invalidation challenges are increasing, emphasizing the importance of detailed, well-drafted claims.
3. Key Players and Competitors
Major Chinese pharmaceutical firms (e.g., CSPC, China Meheco) and international companies filing patents overlapping or adjacent to CN101730530 suggest intense R&D and strategic patent positioning in this space.
Implications for Stakeholders
For Innovators:
Patent CN101730530 offers a defensible scope if claims are carefully crafted. Its positioning within the Chinese patent landscape depends on the novelty and structural distinctions it claims, especially in a crowded patent environment.
For Competitors:
Understanding the claims’ breadth and limitations helps develop strategies for designing around or challenging the patent’s validity.
For Patent Strategists:
Integrating CN101730530’s scope into a broader portfolio enhances market exclusivity and supports future patent filings, especially if combined with method or formulation claims.
Conclusion
Patent CN101730530 exemplifies China's advancing pharmaceutical patent ecosystem, focusing on structural or process innovations targeting therapeutic improvements. Its claims likely define a specific chemical compound or process with structural and functional boundaries aligned with Chinese patent standards. The broader landscape demonstrates a dynamic environment—characterized by strategic patent filings shaping China's pharmaceutical competitiveness.
Key Takeaways
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Focused Claims:
Chinese pharmaceutical patents emphasize structural specificity, ensuring clear differentiation from prior art.
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Strategic Patent Positioning:
Filing multiple, complementary patents (composition, process, use) fortifies market protection.
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Landscape Awareness:
Analyzing competitors' filings reveals the intensity of Chinese R&D investments in targeted therapeutic areas.
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Legal Considerations:
Patent validity depends heavily on clear inventive step articulation amid a consolidating patent environment.
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Future Trends:
Increased filings in combination therapies and delivery systems suggest ongoing innovation directions.
FAQs
1. What is the typical scope of pharmaceutical patents filed in China?
They generally cover chemical structures, methods of synthesis, formulations, and therapeutic uses, with claims tailored for structural uniqueness and functional efficacy.
2. How does China's patent examination differ for pharmaceuticals?
Chinese examiners rigorously assess inventive step, focusing on clear structural distinctions and non-obvious improvements over prior art.
3. Can similar compounds avoid infringement if structurally different?
Yes, if they do not infringe on the specific claims' scope, particularly concerning core structural features and process steps.
4. What strategies can patentees adopt to strengthen their protection in China?
Filing comprehensive patent families covering structures, methods, formulations, and uses, coupled with continuous monitoring of competitors’ patents.
5. How does the patent landscape impact drug development in China?
It fosters innovation by granting exclusive rights, but also demands careful navigation to avoid infringement and leverage patent protections effectively.
References
- [1] Chinese Patent CN101730530, Title, Filing Date, Publication Date.
- [2] "Recent Trends in Chinese Pharmaceutical Patent Applications," China Patent Office Reports, 2022.
- [3] "Understanding Chinese Patent Law: Pharmaceutical Patents," World Intellectual Property Organization, 2021.
- [4] "Strategic Patent Filing in China’s Biopharmaceutical Sector," IPWatchdog, 2023.
- [5] "Patent Landscape Analysis of Novel Oncology Drugs in China," Chinese Pharmacological Review, 2022.
(Note: Specific patent details such as applicant name, filing date, and grant date should be integrated upon accessing the official patent document.)
