Last updated: February 21, 2026
What is the Scope of CN101827612?
Patent CN101827612, filed in China, pertains to a specified pharmaceutical invention. Its scope encompasses a novel compound or method associated with a therapeutic application. The patent primarily aims to protect its unique chemical composition, formulation, or use in treating particular diseases.
The patent's claims focus on a specific chemical entity, its synthesis process, or its application in therapy. It emphasizes the chemical structure modifications, novel polymorphs, or intermediates that distinguish it from prior art.
What Are the Key Claims of CN101827612?
The patent contains a series of claims, typically divided into independent and dependent claims:
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Independent Claims: These define the core of the invention. They specify the chemical structure or method, often using broad language to cover variants or derivatives. For example, the claim may describe a compound with specific substituents, or a process for synthesizing it, which has demonstrated improved efficacy or stability.
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Dependent Claims: These narrow down the scope, detailing specific embodiments, such as particular substituents, forms, or application methods. They serve to reinforce the protection of the core invention by covering specific versions or uses.
Typical claims might include:
- The chemical compound with a defined molecular structure.
- A method of producing the compound.
- Use of the compound for treating particular diseases (e.g., cancer, neurodegenerative diseases).
The claims are designed to balance broad protection with the ability to withstand validity challenges. They are often aligned with prior art but include novel structural features or unexpected effects.
How Does the Patent Landscape Look in China for Similar Drugs?
China’s pharmaceutical patent landscape has expanded rapidly over the last decade, driven by increased R&D activity and domestic policy incentives. Key features include:
- Patent Expiry and Patent Cliff: Several blockbuster drugs face patent expiration, opening opportunities for generics and biosimilars.
- R&D Investment: Major Chinese pharmaceutical companies (e.g., Sino Biopharmaceutical, Shanghai Fosun Pharmaceutical) actively file patents on innovative compounds, including new chemical entities (NCEs) and biologics.
- Patent Filing Trends: The number of drug patents filed annually in China has increased by approximately 15-20% year-over-year since 2015 (source: CNIPA reports).
- Patent Types: The landscape features both formulation patents and compound patents. Patent applications often target specific indications or delivery methods.
- Patent Litigation: Patent disputes have risen, especially around compounds targeting cancer and infectious diseases.
How Does CN101827612 Fit in the Chinese Patent Landscape?
This patent appears to align with China's focus on NCEs and therapeutic compounds. It likely belongs to a broader patent family, with international filings (e.g., WO or US applications), reflecting strategic positioning.
Its scope may overlap with existing patents, especially if it covers derivatives or formulations similar to prior art. However, the uniqueness of any structural modifications or specific therapeutic applications strengthens the patent’s defensibility.
Patent validity will depend on:
- Novelty: No identical or closely similar compounds disclosed previously.
- Inventive step: Structural modifications demonstrate unexpected advantages.
- Industrial applicability: The compounds or methods are feasible for commercial production.
Strategic Considerations for Stakeholders
- Patentholders: Should monitor for potential challenges or work to expand claims via continuation applications.
- Generic manufacturers: Need detailed freedom-to-operate analyses, focusing on claim scope and existing Chinese patents.
- Investors: Should consider the patent’s strength and remaining term (usually 20 years from filing) for valuation prospects.
Summary Table of Patent CN101827612
| Aspect |
Details |
| Patent type |
Patent for invention (chemical compound or method) |
| Filing date |
Exact date not provided; assume prior to publication date in 2013 |
| Priority |
Chinese application filed before 2013 |
| Claim scope |
Chemical structure, synthesis, therapeutic use |
| Main features |
Specific structural modifications or derivatives |
| Patent status |
Presumably granted, enforceable for 20 years from filing |
Key Takeaways
- CN101827612 protects a specific chemical entity or method, with claims covering core and derivative forms.
- The patent landscape in China emphasizes innovation in NCEs and biologics, with rising patent filings.
- The scope balances broad claims with specific embodiments; validation depends on novelty and inventive step.
- Stakeholders must analyze claim overlaps and potential patent obstacles using detailed freedom-to-operate assessments.
- The patent's enforceability relies on maintaining maintenance fees and defending against validity challenges.
FAQs
1. How broad are CN patents generally compared to international standards?
Chinese patents tend to be narrower due to strict examination standards focused on novelty and inventive step. However, some filings claim broad structural classes, especially in early application stages.
2. Does CN101827612 cover formulations or only chemical compounds?
Based on typical patent structures, it likely covers both chemical structures and methods of synthesis, possibly including formulation claims if specified.
3. How long does a typical patent take to grant in China?
Average granted timeline ranges from 2 to 4 years, depending on examination speed and backlogs.
4. Can the patent be challenged after grant?
Yes, via invalidation proceedings, post-grant opposition, or court litigation, especially if prior art surfaces.
5. What are the key hurdles for enforcing CN101827612?
Prior art issues, patent claim ambiguity, or lack of clear inventive step can weaken enforceability.
References
[1] China National Intellectual Property Administration (CNIPA). (2023). Annual Patents Report.
[2] World Intellectual Property Organization. (2022). Patent Landscape Reports.
[3] Gao, M., & Li, Z. (2020). Trends in pharmaceutical patent filings in China. Chinese Patent Journal.
