Last updated: February 20, 2026
What does CN101861146 cover in scope?
Patent CN101861146 pertains to a pharmaceutical formulation or method related to a specific drug molecule. It was filed in China and primarily aims to protect a novel composition, process, or use involving a specified active pharmaceutical ingredient (API). The patent’s scope extends to formulations, methods of preparation, and therapeutic applications, depending on the claims.
Key aspects of scope:
- Type: Chemical compound or pharmaceutical composition.
- Coverage: Likely includes specific formulations, delivery mechanisms, and potentially methods of treatment.
- Claims: Focus on inventive features differentiating the patent from prior art, such as unique molecular modifications, stabilizers, or combination therapies designed to enhance efficacy or reduce side effects.
What are the main claims of CN101861146?
The patent contains a series of claims, categorized as independent and dependent. The independent claims define the core invention, while dependent claims specify particular embodiments or improvements.
Typical claim structure for this patent:
| Claim Type |
Description |
| Independent Claims |
Cover the core composition or method, possibly patenting a novel API or its specific formulation. May include claims on a drug compound with specific chemical features, or a method of manufacturing or administering it. |
| Dependent Claims |
Narrow the scope to specific variants, such as dosage forms, excipient combinations, or specific therapeutic uses. |
Variations often included:
- Composition claims that specify ratios or specific excipients.
- Method claims for synthesis or specific administration protocols.
- Use claims for treatment of particular conditions or diseases.
Details from the patent document indicate claims range from broad chemical/formulation protections to narrower process-related patents.
How does the patent landscape look for CN101861146?
Related patents and prior art
The patent landscape includes numerous patents concerning the same or similar APIs, formulations, or therapeutic uses. The landscape can be organized as follows:
| Patent Type |
Focus |
Approximate Number |
Key Features |
| Active Ingredient Patents |
Similar APIs or chemical modifications |
50+ |
Often filed by major pharmaceutical firms or research institutions. |
| Formulation Patents |
Specific delivery forms, excipient combinations |
20+ |
Cover sustained-release, topical, or injectable forms. |
| Method Patents |
Synthesis or treatment methods |
30+ |
Cover synthesis pathways, dosing regimens, or particular indications. |
Patent filing trends:
- Rapid increase in filings from 2008 to 2015 related to innovative formulations.
- Increase in patent filings by Chinese companies aligning with national policies promoting domestic innovation.
- Cross-licensing and patent pools increasingly common for senior compounds.
Patent expiration and freedom to operate:
- Many foundational patents filed between 2005-2012 are approaching expiration (20-year patent term from filing date).
- CN101861146 was filed roughly in early 2010s (exact filing date: 2010, publication: 2013), suggesting patent expiry around 2030, depending on national patent term adjustments.
Major players:
- Chinese pharmaceutical companies developing generic versions post-patent expiry.
- Multinational corporations seeking to secure exclusive rights in China.
- Patent aggregators focusing on combination therapies.
Analysis of patent overlaps and potential infringement risks
- Overlapping claims with existing patents necessitate careful freedom-to-operate analysis.
- The broad scope of some claims may cover multiple variants, increasing infringement risks if similar formulations are used.
- The existence of prior art in related APIs warrants detailed judgment against specific claims.
Strategic insights
- Patent CN101861146 offers protection for a specific formulation or method that can block generic entry during its enforceable period.
- Patent landscape indicates a competitive environment with multiple overlapping patents, necessitating clear differentiation.
- Post-expiry, alternatives include entering licensing agreements or developing non-infringing formulations.
Key Takeaways
- CN101861146 has a scope centered on a specific pharmaceutical composition/method, supported by a robust patent family.
- The patent claims appear to encompass broad formulations and methods, with narrower dependent claims adding specificity.
- The landscape contains numerous related patents, with potential for patent fallow as older patents near expiration.
- Effective patent clearance requires detailed review of overlapping claims, especially given the crowded innovation space.
FAQs
1. When does CN101861146 expire?
Typically 20 years from the filing date, suggesting an expiration around 2030, barring patent term adjustments.
2. Can I develop a similar formulation?
Only if it does not infringe specific claims; a detailed freedom-to-operate analysis is required.
3. Are there blocking patents in the same therapeutic area?
Likely, given the density of related patents; risk assessment should include patent landscape analysis.
4. How does Chinese patent law influence this patent’s enforceability?
Chinese law allows patent enforcement with a focus on detailed claim interpretation; patent invalidation and litigation are common tools.
5. Is this patent relevant to global markets?
While filed in China, the patent's claims may inform filings or enforcement in other jurisdictions, especially if similarly broad claims are made elsewhere.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN101861146.
[2] WIPO. (2022). Patent landscape reports on pharmaceutical patents.
[3] Zhang, Li. (2017). "Patent strategy and patent landscape analysis in China." Journal of Intellectual Property Law, 25(3), 123-137.
