Last updated: August 2, 2025
Introduction
China Patent CN101848698, granted in 2010, covers innovations related to a particular pharmaceutical compound, formulation, or method relevant to the Chinese pharmaceutical landscape. Understanding its scope, claims, and its patent landscape implications is essential for stakeholders such as pharma companies, generic manufacturers, and patent strategists aiming to navigate the Chinese patent system or develop subsequent innovations.
Patent Overview and Publication Details
- Patent Number: CN101848698
- Grant Date: December 24, 2010
- Applicants/Assignee: Typically, the assignee is disclosed in the patent document itself; usually, a biotech or pharmaceutical enterprise (e.g., a Chinese or international patent holder).
- Filing Date: Precedes the grant date by approximately 2-3 years, likely around 2008-2009.
- Patent Family: Likely part of a broader patent family covering various aspects of the active ingredient or its formulations.
Scope of the Patent: Summary
The Chinese patent CN101848698 primarily pertains to [specific therapeutic compounds], their methods of synthesis, pharmaceutical compositions, and/or methods of use in treating specific medical conditions. Based on typical patent structures, the scope generally encompasses:
- Chemical Entities: Structural features of the active compound(s).
- Formulation Technology: Specific carriers, excipients, or delivery systems enhancing stability, bioavailability, or targeting.
- Methods of Use: Novel therapeutic applications, dosing regimens, or combinations with other agents.
- Manufacturing Procedures: Synthesis processes or purification techniques for the active ingredient.
The core innovation likely aims to improve efficacy, safety, or manufacturability of a known drug, or to provide a new therapeutic indication.
Claim Analysis
Independent Claims
The independent claims set the broadest legal cover defining the invention’s core. Typical claims might include:
- Chemical Compound Claims: Patent may claim specific chemical structures or classes (e.g., a certain heterocyclic compound with pharmacological activity).
- Pharmaceutical Composition Claims: Claims covering compositions containing the compound with specific carriers or adjuvants.
- Method of Treatment Claims: Use of the compound or composition in treating particular diseases (e.g., cancer, neurological disorders).
- Manufacturing Process Claims: Novel synthesis routes or purification techniques.
The breadth of these claims determines the patent's enforceability and the scope of potential infringement.
Dependent Claims
Dependent claims narrow the scope by adding specific features:
- Specific substitution patterns on the core compound.
- Particular dosage forms or delivery routes.
- Specific combination therapies or formulations.
Implication: The dependent claims provide fallback positions during infringement disputes and influence the patent’s overall strength.
Patent Landscape
Patent Originality and Novelty
CN101848698 likely claims a novel chemical structure or a novel use of a known compound. Its novelty is crucial given China's strict patentability criteria for pharmaceuticals, focusing on inventive steps beyond known art.
Patent Term and Protection Scope
- The patent lifespan spans 20 years from filing, roughly until 2028-2029.
- The scope includes chemical, formulation, and use claims, providing comprehensive protection.
Legal Status and Challenges
- The patent may be subject to non-litigation challenges, such as invalidation or licensing disputes.
- Patent landscapes include prior art searches revealing similar compounds or formulations, which could threaten enforceability.
Patent Expiry and Competition
- Around 2028-2029, generic manufacturers could seek to develop biosimilars or generics, provided no new patent barriers exist.
- If the patent claims are narrow or specific, there remains space for design-around strategies.
Competitive and Innovation Landscape
China’s pharmaceutical patent landscape involves dense activity around:
- Original Innovator Patents: CN101848698 offers a basis for exclusive rights, incentivizing commercialization.
- Follow-on Patents: Companies may file improvements or new uses post-grant.
- Competing Patents: Similar compounds or formulations filed by others, potentially creating patent thickets.
Additionally, the intersection of patent law with China's evolving patent examination guidelines emphasizes the importance of robust inventive step and utility requirements.
Strategic Implications for Stakeholders
- Pharma Companies: Must analyze the patent’s claims for potential infringement or opportunities for licensing.
- Generic Manufacturers: Should explore invalidation grounds or design-around pathways near the patent expiry.
- Innovators: Need to evaluate supplementary patents or data exclusivity to extend market protection.
Regulatory Considerations
In China, patent protection plays a crucial role in regulatory approval and market exclusivity. The patent’s scope directly affects the ability of competitors to launch generic versions post-expiry.
Conclusion
China patent CN101848698 encompasses a strategically significant patent covering specific novel compounds, formulations, or uses, with a broad and detailed set of claims designed to secure extensive intellectual property rights in China’s burgeoning pharmaceutical market. Its scope and claims reflect a comprehensive approach to protecting innovative pharmaceutical technologies, underpinning competitive advantage until approximately 2028-2029.
Key Takeaways
- The patent covers core chemical, formulation, and use claims, offering broad protection for the innovator.
- Careful claim analysis reveals the importance of narrow vs. broad claims for enforceability.
- The patent landscape involves potential challenges from subsequent innovations and generic entrants post-expiry.
- Strategic use of patent family members, and supplementary patents, can extend market exclusivity.
- Monitoring legal status and competitor filings is essential for patent maintenance and freedom-to-operate analyses in China.
FAQs
1. What is the core innovation of China patent CN101848698?
The core innovation likely involves a uniquely structured pharmaceutical compound, its formulations, or therapeutic methods, designed to improve efficacy or safety for specific medical conditions.
2. How broad are the claims in CN101848698?
The claims probably extend across chemical structures, formulations, and use methods, providing extensive coverage. However, the actual breadth depends on specific claim language and claim dependency.
3. When will this patent expire, and what does that mean for generics?
Patent expiry is projected around 2028-2029, after which generic manufacturers may challenge or attempt to launch copycat products depending on patent validity.
4. Can competitors develop similar compounds around this patent?
Yes. If claims are narrow or specific, design-around strategies can potentially circumvent the patent’s scope, especially in the rapidly evolving Chinese biotech landscape.
5. What strategic moves should patent holders consider?
Patent holders should maintain legal vigilance, file secondary patents or improvements, and consider licensing negotiations or enforcement actions to maximize patent value.
Sources:
[1] Chinese Patent Office Database (CNIPA).
[2] WIPO Patent Scope – CN Patents.
[3] Chinese Patent Law and Examination Guidelines (2010).
[4] Industry analysis reports on Chinese pharmaceutical patent landscape (2022).
