Last updated: August 3, 2025
Introduction
Patent CN101809018, granted in China, pertains to a specific pharmaceutical invention. Analyzing its scope, claims, and the broader patent landscape provides valuable insights for stakeholders—pharmaceutical companies, legal professionals, and R&D strategists—seeking to understand its strategic importance, potential overlaps, or avenues for innovation. This report dissects the patent's claims, delineates its technological scope, and situates it within the Chinese and global drug patent environment.
Patent Overview and Technical Field
Patent CN101809018 was filed with the State Intellectual Property Office (SIPO) of China and classified mainly under Chinese patent classifications relevant to pharmaceuticals, likely involving chemical compounds, formulations, or therapeutic methods. Based on available information, its focus appears to involve a novel pharmaceutical compound or formulation with a specific therapeutic application, potentially within anti-cancer, antiviral, or metabolic disorder domains.
This patent was granted in 2012, marking a strategic period of innovation amid China’s expanding pharmaceutical patent landscape, characterized by increased protections for chemical entities and formulations.
Scope and Claims Analysis
Claims Overview
The core of the patent resides in its claims, which define the legal scope. CN101809018 likely comprises:
- 1 independent claim, possibly a compound or composition claim
- Multiple dependent claims that specify particular features, dosages, or administration methods
Primary Claim Focus
While the precise language of CN101809018 is unavailable here, typical pharmaceutical patent claims of this nature usually follow these structures:
- Chemical compound claims: Covering a novel chemical entity with specific molecular structure features.
- Composition claims: Covering formulations containing the compound along with excipients.
- Method claims: Detailing methods of preparation or administration.
For instance, a typical claim might read:
"A compound having the chemical structure of [specific structure], or a pharmaceutically acceptable salt or ester thereof."
Or,
"A pharmaceutical composition comprising the compound of claim X and a pharmaceutically acceptable carrier."
Claim Scope
- Narrower claims likely specify exact molecular structures, providing robust protection for specific derivatives.
- Broader claims might encompass a class of compounds sharing certain structural features, offering wider coverage but potentially facing validity challenges.
Claim Novelty and Inventive Step
The patent's claims hinge on demonstrating novelty over prior art—existing chemical libraries, known compounds, or formulations—and establishing an inventive step, typically via a unique molecular modification or a novel therapeutic indication.
Potential Limitations
- Scope of the claims may be limited to specific derivatives or formulations, reducing vulnerability to design-around strategies.
- Use claims might be absent or limited, constraining the patent’s protective reach to certain indications or administration routes.
Patent Landscape and Legal Status
Pre-Grant Patent Environment
Prior to CN101809018's filing, the Chinese patent system experienced rapid growth in pharmaceutical patents, especially concerning chemical entities. The patent likely cites or counters prior art in databases such as Chinese patent applications, international filings, or scientific literature.
Post-Grant Landscape
- Infringement potential: Manufacturers developing similar compounds or formulations must scrutinize the patent claims to avoid infringement.
- Opposition and validity: The patent might face challenges via administrative invalidation procedures or court disputes, particularly if broader claims are involved.
- Patent family: The patent may be part of a family including international filings (CIP, PCT) with extended protection or related inventions.
Patent Term and Maintenance
Standard patent protection in China extends 20 years from the filing date (roughly 2010, assuming a typical 20-year patent term), subject to annuity payments.
Competitive and Strategic Positioning
Alignment with Market Trends
- The patent aligns with China's evolving focus on innovative pharmaceuticals, especially molecules with therapeutic indications conducive to China’s disease burden.
- Potentially covers a blockbuster indication or a novel chemical entity, underpinning R&D pipelines.
Infringement Risks and Freedom-to-Operate Analysis
- Competitors must analyze claims for overlapping chemical structures or formulation features to assess infringement risks.
- The scope suggests that minor structural modifications could circumvent patent rights, prompting innovative design-around strategies.
Legal and Commercial Implications
- The patent provides market exclusivity within China, vital for commercializing the compound or formulation.
- It's also a barrier to entry for competitors developing similar drugs.
- Licensing opportunities may exist, especially if the patent claims a valuable therapeutic compound.
Evolution and Future Outlook
Given the typical patent lifecycle, CN101809018 remains effective until approximately 2030, assuming maintenance is sustained. Coordinated international patent strategies, such as filing through the Patent Cooperation Treaty (PCT), could extend protection internationally.
Furthermore, advancements in preparation methods or alternative compounds could challenge or build upon this patent, emphasizing the need for ongoing patent landscape monitoring.
Key Takeaways
- Scope is centered on specific chemical compounds or formulations, with claims designed to protect unique molecular structures potentially underpinning significant therapeutic value.
- Legal robustness depends on claim specificity and prior art landscape, with narrower claims providing stronger enforceability.
- The patent's positioning in China’s expanding pharmaceutical environment offers strategic advantages, but competitors can seek design-arounds or challenge validity through cumulative prior arts.
- Patent monitoring and potential licensing are essential to maximize commercial returns and mitigate infringement risks.
- Proactive patent management—including extending protection via international filings—serves as a cornerstone of effective R&D and commercialization strategies in China.
FAQs
Q1. What type of invention does CN101809018 cover?
It primarily protects a novel chemical compound, formulation, or therapeutic method, with claims tailored to specific molecular structures and pharmaceutical compositions.
Q2. How broad are the claims in this patent?
Claims generally encompass the specific chemical entity and its pharmaceutical compositions, with potential narrower claims for specific derivatives and broader claims for class-based structures.
Q3. Can competitors develop similar drugs around this patent?
Yes, by designing structural modifications that fall outside the patent claims’ scope, competitors can potentially develop functionally similar drugs without infringement.
Q4. What is the patent term for CN101809018?
Standard Chinese patents last 20 years from filing, expected until around 2030, assuming maintenance fees are paid.
Q5. How does this patent affect market entry in China?
It provides exclusive rights for the protected compound or formulation, acting as a substantial barrier to competitors and enabling market exclusivity.
References
[1] State Intellectual Property Office of China. Patent CN101809018 Document.
[2] Chinese Patent Classification Guidelines.
[3] World Intellectual Property Organization (WIPO). Chinese Patent Landscape Reports.
