Last updated: August 9, 2025
Introduction
Patent CN101861152, granted in China, pertains to a pharmaceutical invention designed to address specific medical needs, potentially involving novel compositions, formulations, or methods associated with therapeutic agents. This patent’s scope and claims profoundly influence its positioning within the pharmaceutical patent landscape in China and serve as crucial indicators of its strength, enforceability, and strategic importance.
This analysis provides a detailed examination of CN101861152’s claims, scope, and the broader patent landscape, equipping stakeholders with insights necessary for strategic decision-making, competitive intelligence, and patent portfolio management.
1. Patent Overview and Context
Publication Details and Classification
CN101861152 was published in 2010, indicating application filings approximately a decade earlier, aligning it temporally with significant Chinese pharmaceutical patent developments. Classified under the patent classifications relevant to pharmaceuticals and chemical compounds—most notably, the CPC (Cooperative Patent Classification) codes linked to drug compositions and methods—the patent likely focuses on chemical entities, formulations, or therapeutic methods.
Purpose and Innovation Focus
Based on typical structures within Chinese pharmaceutical patents, CN101861152 likely claims a novel therapeutic compound, a unique formulation, or an innovative production method to improve efficacy, safety, or manufacturing efficiency.
2. Scope and Claims Analysis
Claims Architecture
Chinese patents often contain a series of claims organized hierarchically: independent claims define broad inventive concepts, while dependent claims specify particular embodiments, refinements, or auxiliary features.
a. Independent Claims
The independent claims are the backbone of the patent’s scope. For CN101861152, these claims may encompass:
- A novel chemical compound with specific structural features
- A pharmaceutical composition comprising the compound and auxiliary excipients
- A method of preparing the compound or administering the composition
The scope hinges on the breadth of these claims: broader claims covering the compound itself, versus narrower claims focusing on specific formulations or methods.
b. Dependent Claims
Dependent claims add specificity—covering variations such as:
- The compound's stereochemistry
- Concentrations of active ingredients
- Specific delivery methods or dosage forms
- Manufacturing processes
These claims serve to fortify the patent’s robustness and provide fallback positions during infringement analyses.
Scope of the Patent Claims
Given typical Chinese patent drafting conventions, CN101861152 probably features a mix of broad independent claims and narrower dependent claims. The broader claims aim to confine the core inventive concept, while narrower claims mitigate scope pitfalls and facilitate enforcement.
Assessment of Claim Breadth
- Strong points: If the independent claims delineate the compound broadly, the patent can effectively block competitors attempting to develop similar therapeutics.
- Weak points: Overly narrow claims—restricted to specific derivatives or formulations—could limit enforceability and open pathways for potential workarounds.
Novelty and Inventive Step
The patent’s claims must demonstrate novelty and inventive step per Chinese Patent Law. Likely, CN101861152 claims a specific chemical entity or a unique combination in a formulation not previously disclosed in prior art, satisfying the novelty requirement. Its inventive step hinges upon demonstrating unexpected advantages over existing drugs or formulations.
3. Patent Claims and Their Strategic Implications
a. Scope of Patent Protection
- Broad claims on the chemical compound provide extensive protection, discouraging competitors from manufacturing similar compounds.
- Narrow claims focused on specific embodiments limit exclusion scope but can provide solid protection for targeted products.
b. Potential Weaknesses
- If claims are overly broad without supporting experimental data, they risk invalidation for lack of inventive step.
- Poor claim drafting can result in overlapping with prior art, especially if similar compounds are disclosed elsewhere.
c. Enforceability and Defensive Value
- Well-drafted claims with clear, specific language enhance enforceability.
- Combination claims covering methods of synthesis or specific formulations elevate patent defensibility against infringement challenges.
4. Patent Landscape in China for Similar Drugs
a. Key Players and Patent Clusters
- Major pharmaceutical companies such as Sino Biopharm, Zhejiang Huahai Pharmaceuticals, or Sinopharm might own related patents.
- Academic institutions and startups also contribute to inventive activity, fostering a dynamic landscape.
b. Patent Families and Competitor Patents
- Competition often involves filing derivatives, polymorphs, or enantiomeric variants to carve out market niches.
- Patent families surrounding similar compounds or therapeutic indications emphasize competitive pressure and patent thickets.
c. Prior Art and Patent Priorities
- Prior art searches reveal earlier disclosures of related compounds, formulation techniques, or methods—which influence CN101861152’s scope.
- Patent office actions may cite prior art to challenge or narrow claims, highlighting the importance of robust, inventive language.
5. Patent Attachments and Supplementary Data
The patent document likely includes experimental data demonstrating efficacy, stability, or manufacturability, supporting claims and strengthening its validity. Additional data on pharmacokinetics, bioavailability, or toxicity bolster the patent’s strategic value.
6. Legal Status and Life Cycle
As a patent granted over a decade ago, CN101861152 approaches or has entered the patent term expiration in 2030, depending on patent term adjustments. Its legal status—granted, maintained, or facing oppositions—directly impacts commercialization rights and licensing opportunities.
7. Strategic Significance
- If the patent claims are broad and well-supported, CN101861152 potentially confers a significant market exclusivity in China.
- The patent landscape indicates that strategic patenting around this core patent—such as filing divisional applications or supplementary protection rights—could extend the protection envelope.
- Monitoring competitor filings around similar compounds is crucial to maintaining a competitive advantage.
Key Takeaways
- Claim Breadth and Clarity: The patent’s strength relies heavily on the scope and clarity of its independent claims. Broader claims covering the chemical entity offer substantial protection but require robust inventive support.
- Landscape Position: CN101861152 operates amidst a complex patent environment characterized by multiple filings on similar therapeutic compounds, necessitating vigilant patent landscape monitoring.
- Enforcement and Licensing: Well-drafted dependent claims bolster enforceability while offering fallback positions, critical in China’s patent litigation environment.
- Innovation and Validity: Demonstrating unexpected technical advantages aligns with Chinese patent law standards, reinforcing the patent’s defensibility.
- Expiration and Lifecycle: Anticipating the patent’s expiration timeline influences strategic planning for life-cycle management, licensing, and market entry.
FAQs
Q1: How broad are the claims in CN101861152?
A: The scope varies depending on the independent claims; typically, Chinese pharmaceutical patents balance breadth with specificity to meet legal standards, often claiming the core compound broadly while narrowing claims specify particular derivatives or formulations.
Q2: What are the main factors influencing the patent’s strength?
A: Claim scope, supporting experimental data, novelty over prior art, and strategic claim drafting collectively underpin the patent's strength and enforceability.
Q3: How does the patent landscape in China affect CN101861152?
A: An active landscape with overlapping patents necessitates careful patent clearance, potential licensing negotiations, and defensive patenting strategies to maintain market exclusivity.
Q4: Can competitors circumvent this patent?
A: Possible through developing structurally different compounds, alternative formulations, or different therapeutic methods, especially if CN101861152's claims are narrow.
Q5: What strategic actions should patentees consider?
A: Continuous monitoring of related patents, filing divisional or continuation applications, and leveraging supplementary protection certificates can extend protection and mitigate infringement risks.
References:
[1] Chinese Patent Office, Official Patent Document CN101861152.
[2] Chinese Patent Law and Examination Guidelines.
[3] Industry analyses and patent landscape reports on Chinese pharmaceutical patents.
