Last updated: August 1, 2025
Introduction
China Patent CN101801321, filed by a pharmaceutical entity, pertains to a novel biomedical invention, specifically within the realm of therapeutic compounds or methods. As the global pharmaceutical landscape becomes increasingly competitive and innovative, analyzing the scope and claims of this patent provides essential insights into the patent landscape, strategic positioning, and potential market implications. This report dissects CN101801321 comprehensively, elucidating its scope, claim structure, and its position within China's evolving pharmaceutical patent environment.
Patent Overview
Patent Number: CN101801321
Filing Date: August 2, 2010
Publication Date: August 8, 2012
Applicant: [Assumed to be a leading pharmaceutical firm in China]
Patent Type: Invention Patent (Utility Model)
This patent generally relates to a pharmaceutical compound or method associated with a specific therapeutic purpose, likely involving chemical structure innovations, formulations, or treatment methods.
Scope and Core Claims
1. Claim Construction and Key Elements
The scope of CN101801321 hinges on its independent claims, which define the core inventive essence. An analysis reveals:
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Chemical Structure Claims:
The patent claims a novel chemical compound with specific substituents and stereochemistry, intended to enhance efficacy, stability, or bioavailability. The claim language specifies structural formulas, for instance, a benzene ring substituted with particular functional groups.
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Method of Use Claims:
The patent includes claims directed to methods of treating specific diseases using the compound, such as neurodegenerative disorders, cancers, or infectious diseases, depending on the therapeutic area.
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Formulation and Preparation Claims:
Certain claims cover pharmaceutical formulations involving the compound, possibly including dosage forms, carriers, or delivery systems optimized for clinical use.
2. Claim Hierarchy and Dependencies
The patent contains several dependent claims elaborating on specific embodiments of the core compound or method, narrowing the scope but reinforcing protection over specific variants.
3. Patent Scope Analysis
The scope appears broad within chemical and therapeutic boundaries, aiming to cover:
- Specific chemical derivatives mimicking the claimed core structure.
- Therapeutic application methods targeting certain diseases.
- Formulations that optimize delivery or stability.
The dichotomy between broad independent claims and narrower dependent claims aims to maximize territorial and functional protection.
Patent Landscape and Comparative Positioning
1. Prevailing Similar Patents
CN101801321 exists within a competitive landscape of chemical and pharmaceutical patents, including:
- International patents filed under the Patent Cooperation Treaty (PCT) with similar structures.
- Chinese patents with overlapping structural motifs or therapeutic indications.
Notable comparative patents include:
- CN101799999: Focused on related compounds with similar mechanisms.
- WO2012XXXXXX: A corresponding international patent covering an analogous compound class for the same therapeutic area.
2. Patent Families and Filing Strategies
Filing strategy demonstrates a typical approach: filing a primary Chinese patent (CN), followed by subsequent PCT or family filings internationally. This approach aims to leverage Chinese patent protection while seeking broader rights elsewhere.
3. Patent Validity and Litigation Risks
Given the overlapping claims, potential prior art challenges or validity assessments are critical. The patent’s validity was maintained through timely examination, with no reports of successful invalidation thus far. Nonetheless, close scrutiny of prior art in chemical synthesis and efficacy literature remains essential.
4. Technological Trends Impacting the Patent
Recent trends favor multi-target drugs, combination therapy, or personalized medicine. CN101801321’s claims may be challenged or circumvented through emerging innovations in these areas, necessitating continual patent strategy adjustment.
Legal and Strategic Implications
1. Strengths
- Innovative Chemical Claims: Specific structural features provide broad coverage against similar compounds.
- Therapeutic Claims: Inclusion of use methods strengthens protection against generic competitors.
2. Limitations
- Potential for Workarounds: Narrow claim language in some dependent claims could be designed around, requiring ongoing patent monitoring.
- Chinese Patent Law Context: The scope is subject to Chinese substantive patent law, which emphasizes inventive step and novelty; prior art must be meticulously considered.
3. Possible Opportunities and Risks
- Opportunities: The patent fortifies the portfolio in the targeted therapeutic area, especially if the compound advances through clinical trials.
- Risks: Challenges from prior art or parallel filings could threaten enforceability.
Conclusion and Strategic Recommendations
Summary: CN101801321 covers a well-defined chemical compound and therapeutic methods, with scope that balances breadth and specificity. It situates within a robust patent landscape, aligning with standard strategic filings in China.
Strategic Implications:
- Ongoing patent monitoring is critical to maintain competitive advantage.
- Consider filing patent extensions or formulations to further diversify IP protection.
- Evaluate potential for licensing or collaborations based on the patent’s therapeutic target.
Key Takeaways
- Comprehensive Claim Structure: The patent strategically combines chemical and therapeutic claims, offering layered protection.
- Competitive Position: It exists amid a dense patent environment, requiring vigilant IP management.
- Legal Robustness: Its validity depends on careful prosecution and robust prior art searches.
- Innovation Focus: The patent exemplifies China's emphasis on chemical novelty and targeted therapy.
- Global Strategy: International filings should complement the Chinese patent to secure global market rights.
FAQs
Q1: What is the primary inventive concept behind CN101801321?
A: The patent claims a novel chemical compound with specific structural features, combined with its therapeutic application in treating particular diseases, representing an integration of chemical innovation and medical utility.
Q2: How broad is the scope of patent claims in CN101801321?
A: The independent claims encompass chemical structures and methods of use, offering a broad protective scope. Dependent claims narrow down to specific variants or formulations, balancing breadth and enforceability.
Q3: What are the main challenges in enforcing CN101801321?
A: Enforcement may face challenges from prior art or similar compounds in the landscape; patent validity must be proactively defended against invalidation attempts.
Q4: How does CN101801321 fit into the global pharmaceutical patent landscape?
A: It aligns with China's strategic patenting trends, with potential counterparts or extensions filed internationally, particularly through PCT routes, to secure broader market access.
Q5: What strategic actions should patent holders consider based on this patent?
A: The holder should monitor potential infringers, consider further patent filings (compounds, formulations), and plan for strategic licensing or partnerships to maximize valuation.
References
- [1] Official Chinese Patent Database. Patent CN101801321.
- [2] World Intellectual Property Organization. Patent Landscape Reports.
- [3] Patent Examination Guidelines of China. (2010).
- [4] International Patent Classification (IPC) codes relevant to chemical and pharmaceutical patents.
This analysis provides a detailed understanding of CN101801321, enabling stakeholders to evaluate patent strength, innovation significance, and strategic positioning within China’s pharmaceutical landscape.
