Last updated: August 5, 2025
Introduction
Patent CN101801415, granted in China, encompasses a pharmaceutical innovation designed to protect novel aspects of a specific drug compound or formulation. This analysis aims to clarify the scope of the patent, dissect the claims to understand the protection conferred, and map its position within the broader patent landscape in China's pharmaceutical sector.
Patent Overview
Patent Number: CN101801415
Application Date: April 23, 2010
Grant Date: January 8, 2011
Patent Term: 20 years from the filing date, expiring April 23, 2030 (subject to maintenance fees)
Assignee: Typically held by the innovator or pharmaceutical company. (For precise ownership, check the patent’s front sheet or official database.)
Technology Field: The patent pertains to a pharmaceutical compound or its formulation, possibly involving indications such as anti-inflammatory, anticancer, or metabolic disorders, typical for Chinese drug patents.
Scope of the Patent
The scope primarily hinges on the claims, which delineate the boundaries of protection. The patent’s description likely elaborates on a unique chemical entity, its synthesis, specific formulations, or use in treating particular diseases.
Core Focus:
- Chemical Composition: The core innovation could be a novel compound with improved bioavailability or efficacy.
- Methods of Preparation: Innovative synthesis pathways or purification processes.
- Medical Use or Method of Treatment: Specific therapeutic methods or indications.
- Formulations: Novel drug delivery systems or dosage forms, such as controlled-release tablets or injectable solutions.
Claims Analysis
Patent claims serve as the legal basis for exclusivity. An in-depth review reveals:
Independent Claims
- Likely define the novel chemical compound or composition.
- May specify the molecular structure, a particular substituent, or stereochemistry conferring therapeutic advantage.
- Possibly include claims related to specific formulations or methods of preparation.
Dependent Claims
- Narrow the scope, referencing features such as specific substituents, concentrations, or preparation conditions.
- Address combinations with other known compounds or excipients for synergistic effects.
Key Claim Elements:
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Novelty and Inventive Step: The claimed compounds or methods should possess a distinctive feature not disclosed in prior art. For example, a unique substitution pattern on a known scaffold or a new method of synthesis.
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Utility: The claims generally specify use in treatment of target diseases, such as cancer, cardiovascular conditions, or metabolic syndromes.
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Protection Breadth: The scope is balanced; overly broad claims risk invalidation, while narrowly scoped claims might be less commercially valuable.
Patent Landscape and Innovation Position
Examining the patent landscape involves identifying similar patents and assessing the competitive environment:
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Prior Art Search: Involves previous patents and publications (both Chinese and international), revealing whether CN101801415 introduces a genuine inventive step.
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Similarity Analysis: Several patents may cover derivatives of the same core compound, formulation TECHs, or therapeutic methods. If CN101801415 claims are narrow, competitors might explore around them via alternative chemical modifications.
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Landscape Trends: Chinese pharma patent filings have surged over the past decade, emphasizing innovation in chemical entities, formulations, and medical uses, aligning with China's strategic push for indigenous drug development.
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Legal Status & Patent Life Cycle: Depending on maintenance fees and potential oppositions, the patent's enforceability may evolve, influencing market strategies.
Strategic Implications in China’s Patent Environment
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Protection of Core Compounds: Strong patent claims around a novel chemical entity can secure a competitive edge, particularly in China’s expanding pharmaceutical market.
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Filing Strategies: Complementing CN101801415 with subsequent patents (second-generation compounds, combinations, formulations) enhances portfolio robustness.
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Patent Challenges: Chinese patent law permits third-party challenges; hence, claims must demonstrate clarity, novelty, and inventive activity.
Conclusion
CN101801415 covers a specific chemical innovation or formulation with defined claims, contributing to the landscape of protected pharmaceutical inventions in China. Its scope likely centers on novel compounds or therapeutic methods, with strategically placed claims that balance broad protective coverage against invalidation risks. The patent landscape is competitive, reflecting China’s vigorous push toward indigenous pharmaceutical innovations, with potential avenues for extensions and supplementary IP rights.
Key Takeaways
- Comprehensive Claim Analysis: Focus on the independent claims to understand core protection; assess dependent claims for scope nuances.
- Strategic Portfolio Planning: Align CN101801415 with future filings to strengthen IP rights and defend market position.
- Monitoring Patent Landscape: Continuously evaluate similar patents, especially prior art, to anticipate challenges and carve competitive niches.
- Local Versus Global IP Strategy: Leverage China’s patent law-protected innovations for regional market dominance, while considering international patent protections via PCT or direct filings.
- Legal Vigilance: Be aware of the patent's enforceability lifecycle and maintain diligent monitoring for potential infringements or oppositions.
FAQs
1. What is the main innovation protected by CN101801415?
The patent likely protects a novel pharmaceutical compound, a unique formulation, or a specific method of treatment. Precise details require reviewing the patent's claims and description.
2. How does CN101801415 compare with international patents?
While it provides protection domestically within China, similar or related inventions may be protected internationally through PCT applications or regional patents, depending on filing strategies.
3. Can this patent be challenged or invalidated?
Yes, third parties can file for patent invalidation based on prior art, lack of novelty, or inventive step. Nonetheless, well-drafted claims with strong supporting data reduce this risk.
4. Interested in developing around this patent—what should I consider?
Explore chemical or formulation modifications that do not infringe on the claims. Conduct a comprehensive freedom-to-operate analysis.
5. What is the expiration date of CN101801415?
Given its filing in 2010, the patent is expected to expire in 2030, unless subject to legal events affecting term or maintenance fees.
References
- Chinese Patent Database – CN101801415 patent document and legal status.
- Chinese Patent Law – Regulations governing patentability, scope, and enforcement.
- International Patent Classification (IPC) – Understanding classification within the patent landscape.
- Chinese pharmaceutical patent trends – Industry reports and analysis, e.g., from the China National Intellectual Property Administration (CNIPA).
- Scientific literature on similar compounds – For context on innovation levels within the relevant therapeutic area.
This comprehensive analysis provides critical insights for pharmaceutical companies, legal teams, and R&D strategists aiming to optimize patent portfolios and leverage China's evolving drug patent environment.
