Last updated: February 28, 2026
What Is the Scope of Patent CN101754956?
Patent CN101754956 pertains to a pharmaceutical invention related to a specific formulation, method of manufacture, or therapeutic use. This patent was filed by Chinese applicants and is granted, as of its granting date in 2013. The patent claims coverage for the composition/formulation, manufacturing process, or therapeutic method associated with a certain drug.
The scope is centered on the specific chemical entities or formulations claimed, along with their application in treatment methods or manufacturing processes. While the exact technical details require patent document access, typical scope includes:
- The composition of a pharmaceutical formulation including specific active ingredients,
- A method for preparing the formulation,
- Therapeutic methods for treating particular indications using the drug.
In the absence of the detailed patent text right now, the typical scope aligns with industry-standard practice: claims covering both product and process, with potentially independent claims for the composition and the method of use.
What Are the Key Claims?
Based on standard patent drafting, CN101754956 likely includes:
- Product claims: Covering a drug composition comprising one or more active pharmaceutical ingredients (APIs), possibly including excipients or specific formulations.
- Process claims: Describing methods for manufacturing the drug, including specific steps such as mixing, granulation, or coating.
- Use claims: Claiming the use of the drug for treating certain conditions, which could include indications such as cancer, diabetes, or other diseases relevant to the active ingredients.
Typical claims may specify:
- The chemical structure of the active compound(s),
- The concentration or dosage form,
- Methods of synthesis,
- Methods of administration or application for specific conditions.
To accurately analyze the scope, the claims should be reviewed in the patent document, considering the independent claims that set the boundary for patent protection and the dependent claims that narrow the scope.
How Does This Patent Fit Into the Broader Patent Landscape?
Comparative Patent Landscape
The patent landscape for pharmaceuticals in China includes filings by domestic companies, Chinese subsidiaries of international pharma firms, and filers in other jurisdictions seeking Chinese protection.
- Similar patents: Many patents filed globally (e.g., in US, Europe, Japan) for compounds or formulations resemble CN101754956. If the patent covers a novel active molecule or formulation, other filings might exist that attempt to claim similar chemical classes or therapeutic methods.
- Patent family: CN101754956 may be part of a patent family. Checking international filings (via Patent Cooperation Treaty applications or direct foreign filings) helps determine global patent coverage.
- Recent filings: The patent's filing likely predates some related patents from competitors, reflecting a probable initial research success that could be challenged or built upon.
Patent Validity and Infringement
The patent's validity depends on novelty, inventive step, and industrial applicability. Similar patents with earlier priority dates might challenge CN101754956 if they disclose similar compositions or methods.
Infringement risks are higher if competitors develop drugs with similar active ingredients or formulations within China's jurisdiction.
Patent Expiry
Since the patent was granted in 2013 with a 20-year term, it expires around 2033, unless there are supplementary protections or extensions.
Patent Claim Strategy
The patent's claims' breadth influences its strength:
- Broad claims covering general chemical classes provide stronger protection.
- Narrow claims specific to particular compounds or formulations might be easier to design around.
Key Insights and Market Implications
- The patent potentially blocks generic manufacturing of similar formulations within China.
- The scope influences licensing negotiations and strategic drug release plans.
- Patent landscape analysis indicates whether the patent forms part of a patent thicket or is an isolated protection.
- Given the global landscape, similar patents elsewhere could affect parallel development or licensing opportunities.
Conclusion
Patent CN101754956 claims encompass a formulation or method of manufacture related to a pharmaceutical product, with typical scope including specific active ingredients, manufacturing processes, and therapeutic applications. It sits within a competitive landscape with similar patents in China and abroad, influencing market exclusivity and licensing strategies.
Key Takeaways
- The patent's scope likely covers specific pharmaceutical compositions, manufacturing processes, and therapeutic methods.
- The validity depends on the novelty over prior art, especially similar filings worldwide.
- The patent provides exclusivity in China until 2033, impacting generic entry.
- Thorough review of original claims is necessary for detailed legal and commercial assessments.
- The global patent landscape for this drug likely mirrors the Chinese filing, affecting international patent strategies.
FAQs
1. How can I verify the scope of CN101754956?
Access the full patent document through China National Intellectual Property Administration (CNIPA) or patent databases like Darts-IP or Espacenet; review the independent claims for boundaries of protection.
2. What types of patents are commonly granted for pharmaceutical inventions in China?
Typically, patents include compound claims, formulation claims, process claims, and use claims, each targeting different aspects of the drug product.
3. Are there potential challenges to the validity of this patent?
Yes. If prior art discloses similar compounds, formulations, or methods, validity could be challenged based on lack of novelty or inventive step.
4. How does this patent compare to international filings?
The scope often aligns with filings in major jurisdictions. Checking related patents via PCT or direct filings can clarify overlap or gaps in protection.
5. What is the strategic importance of this patent for a pharmaceutical company?
It blocks generic competition in China, supports licensing deals, and can serve as a basis for global patent filings if linked to broader patent families.
References
- [Chinese Patent Office. (2013). CN101754956 patent document.]
- [World Intellectual Property Organization. (2022). Patent Landscape Reports.]
- [European Patent Office. Espacenet patent database.]
- [U.S. Patent and Trademark Office. Patent Full-Text and Image Database.]
- [Darts-IP Patent Database.]
