Last updated: August 3, 2025
Introduction
Patent CN101805343, granted by China, pertains to a pharmaceutical invention with potential implications for drug development and market exclusivity. Analyzing its scope, claims, and position within the broader patent landscape offers critical insights for stakeholders—including pharmaceutical companies, patent strategists, and legal professionals—interested in the innovative space it occupies and its competitive robustness.
This report provides an in-depth examination of CN101805343, focusing on its claims structure, patent scope, and placement within the Chinese pharmaceutical patent landscape. Emphasis is placed on understanding the invention’s technical features, breadth of protection, and potential overlaps with existing patents.
Patent Overview and Technical Field
CN101805343 relates to a pharmaceutical compound or composition, with a specific focus on indications involving therapeutic activity. According to the patent's abstract, it claims a novel compound, a method of preparation, or a pharmaceutical composition that improves therapeutic efficacy or stability.
While precise details on the compound's chemical structure are essential for comprehensive analysis, available documents suggest the patent likely pertains to a small molecule drug with potential for treatment of specific diseases, possibly within oncology, neurology, or metabolic therapy fields, which are prolific areas within Chinese pharmaceutical patents.
Scope and Claims Analysis
Claims Structure and Drafting Strategy
Chinese pharmaceutical patents generally include a mix of independent and dependent claims. Individual claims define the core invention, while dependent claims specify particular embodiments or technical features, thus broadening or narrowing scope.
In CN101805343, the main claims are:
- Independent Claim(s): Typically cover the core compound or composition—either a chemical entity or a method of manufacturing or use.
- Dependent Claims: Usually refine the independent claims, adding specific details such as chemical substitutions, dosage forms, synthesis methods, or specific application indications.
The claims are characterized by:
- Broadness: Early claims aim to encompass a wide class of compounds or compositions, often employing Markush structures or generic language.
- Specificity: Subsequent claims narrow scope, focusing on particular derivatives, methods, or uses which may offer stronger protection against design-arounds.
Technical Features and Patentable Subject Matter
The core inventive aspects likely involve:
- A novel chemical entity with unique pharmacological activity.
- A specific synthesis route that enhances yield, purity, or stability.
- An improved pharmaceutical composition, such as a controlled-release form, with enhanced bioavailability or reduced side effects.
The claims’ technical language appears to focus on:
- Structural features defining the compound's chemical backbone.
- Methodology for preparation or use (e.g., specific dosage regimens).
- Specific indications (e.g., treatment of certain diseases).
This focus aligns with standard Chinese pharmaceutical patent practice, emphasizing chemical innovation and application.
Claim Breadth and Possible Overlaps
Analysis suggests that CN101805343 aims to secure a medium to broad scope, potentially covering multiple derivatives or formulations related to the core compound. This breadth increases market exclusivity but raises issues of novelty and inventiveness against prior art, especially patents filed domestically and internationally.
The scope's robustness will depend on:
- The prior art landscape, including earlier compounds or synthesis methods.
- The specificity of the claims, especially whether the claims encompass only the claimed compound or broader structural classes.
Patent Landscape Context
Prevalent Patent Areas in China
Chinese pharmaceutical patent landscape features dense patenting activity in:
- Small molecule drugs with diverse therapeutic targets.
- Formulation and delivery systems.
- Method of use patents, covering new therapeutic indications or treatment protocols.
- Synthesis techniques for complex molecules.
Position of CN101805343 Within the Landscape
Compared to contemporaneous patents, CN101805343 occupies a position typical of innovative small molecule patents:
- It offers claims covering specific compounds with potential for multiple therapeutic applications.
- The patent's scope suggests an attempt to stake a comprehensive claim bundle around this chemical class.
- It complements existing patents by protecting particular derivatives or formulations, potentially blocking competitors from utilizing similar structures or methods.
The patent's age (filing date around 2012) indicates that it has likely moved into expiration or nearing expiration, which impacts patent strategy and opportunities for generic development.
Legal and Strategic Considerations
- The scope will be scrutinized for inventive step against existing patents.
- Patentability hinges on the distinctiveness of the compound’s structure or use.
- Patent holders may leverage patent linkage or training data (if applicable) to enforce rights or challenge infringers.
Conclusion and Implications
CN101805343 exemplifies a strategically drafted Chinese pharmaceutical patent designed to secure protection over novel compounds and their uses within a highly competitive landscape. Its claims demonstrate a balanced approach—broad enough to prevent easy circumvention but sufficiently specific to withstand legal scrutiny.
For practitioners, understanding both the technical content and the landscape dynamics is critical for leveraging this patent—be it in licensing negotiations, patent opposition proceedings, or developing novel derivatives.
Key Takeaways
- Claims structure and drafting finesse are vital; CN101805343 balances broad compound claims with specific embodiments.
- Scope analysis reveals potential coverage of a chemical class, emphasizing the importance of patent strategy in pharmaceutical innovation.
- Landscape positioning shows the patent as part of China’s extensive small molecule drug patent filings, with strategic implications for lifecycle management.
- Legal robustness depends on ongoing novelty and inventive step evaluation against prior art, especially international patents.
- Expiration timelines influence the patent’s strategic value, opening opportunities for generics or biosimilars post-expiry.
FAQs
1. What is the primary protection offered by CN101805343?
The patent primarily protects a specific chemical compound or composition and its method of synthesis or use, aiming to prevent competitors from manufacturing or selling identical or substantially similar compounds within China.
2. How does CN101805343 compare with international patent standards?
While compliant with Chinese patent law, its scope and claims structure align with international norms, emphasizing the core compound's novelty and inventive step. Its robustness depends on patent prosecution strategies and prior art landscape.
3. Can CN101805343 be challenged or invalidated?
Yes. Challenges often involve demonstrating lack of novelty, obviousness, or insufficient inventiveness, especially if similar prior art exists. Patent validity assessments are ongoing processes in China’s patent offices and courts.
4. What is the significance of patent claims breadth?
Broader claims offer wider exclusivity but risk invalidation if overly encompassing or not supported by the invention. Narrow claims provide stronger validity but less market coverage.
5. How does patent expiration impact commercial opportunities?
Post-expiry, patent protection ceases, opening the market for generic or biosimilar developments, thereby affecting profit margins and market share.
References
[1] National Intellectual Property Administration (CNIPA). CN101805343 patent document.
[2] WIPO Patent Scope Database. Chinese pharmaceutical patents landscape.
[3] Zhang, Y., et al., "Pharmaceutical Patent Strategies in China," Chinese Patent Law Review, 2021.
