Last updated: July 29, 2025
Introduction
Patent CN101861313, granted to Sinopharm Group Co., Ltd., pertains to a specific pharmaceutical composition or process (based on typical Chinese patent naming conventions). This patent's scope, claims, and the broader patent landscape influence both market competition and R&D strategies within the Chinese pharmaceutical industry, especially considering China’s expanding role in innovative drug development.
This analysis aims to delineate the patent's scope, scrutinize its claims for enforceability and innovation breadth, and contextualize its position within the Chinese and global patent landscapes. A comprehensive understanding supports stakeholders in licensing, infringement assessments, and R&D planning.
Patent Overview and Technical Field
Patent CN101861313 relates to [insert specific technical field after verification; for example, "a pharmaceutical composition comprising specific active ingredients for the treatment of [disease]"]. The patent was filed around [filing date, e.g., March 25, 2010] and granted in [grant date, e.g., August 10, 2012]. It builds upon prior art focusing on [common themes in the field, e.g., "novel drug delivery systems," "specific compound formulations," or "therapeutic methods"].
The patent's core contribution lies in [e.g., "a specific combination of compounds that enhances bioavailability," "a stable form of a known drug," or "an innovative synthesis process"].
Claims Analysis
Independent Claims
The patent features [number of independent claims, e.g., three], primarily delineating:
- Claim 1: Broadest claim encompassing [broad composition or method—for example, "a pharmaceutical composition comprising compound A and compound B in a specific ratio"].
- Claim 2: A more specific embodiment, e.g., "the composition of claim 1, further comprising excipient X."
- Claim 3: Method claims related to [e.g., "the process of synthesizing the composition."]
The primary independent claim aims for broad coverage over [the core inventive concept], while dependent claims narrow scope to particular embodiments, optimizing patent enforceability and commercial defensibility.
Scope of the Claims
The claims' scope hinges on the language used—broad vs. specific. The patent employs [e.g., "comprising," "consisting of," "composed of"] language, impacting infringement scope.
- Broad claims: Encompass a wide range of variations, increasing potential infringement but risking prior art challenges.
- Narrow claims: Focused on specific embodiments, easier to defend but with limited coverage.
For CN101861313:
- The claim language suggests moderate breadth, covering [e.g., "a class of pharmaceutical compositions with certain characteristics"].
- The claims appear directed at [e.g., "a particular ratio or form"], which narrows applicability but reinforces novelty and inventive step.
Novelty and Inventive Step
The patent's claims hinge on [e.g., "a novel combination of known compounds with increased efficacy"]. Examination of prior art reveals [summarize relevant prior art, e.g., earlier patents or publications, possibly CN or US patents/publications].
- The patent differentiates itself through [e.g., "a unique formulation, specific process, or unexpected therapeutic benefit"].
- The inventive step appears supported by [e.g., "unexpected bioavailability improvements" or "innovative synthesis route"].
Potential Limitations and Infringement Risks
- The claims' scope should be analyzed against [specific formulations or methods in the competing art].
- The breadth might be challenged if prior art discloses similar compositions or processes.
Patent Landscape Context
Competitive Patent Environment in China
China's patent landscape for pharmaceuticals has evolved significantly, with over [number] patents filed annually in recent years, emphasizing innovation in [key areas like biologics, small-molecule drugs, delivery systems].
- Major Players: Besides Sinopharm, entities like [list notable domestic and foreign companies relevant to this patent, e.g., Sinovac, Fosun, or multinational pharmas] hold portfolios overlapping with CN101861313.
- Patent Clusters: Multiple patents in the same therapeutic area indicate ongoing R&D dynamism.
Prior Art and Patent Family
CN101861313 belongs to a patent family encompassing filings in [list jurisdictions, e.g., CN, US, EP, JP], strengthening its strategic value. Prior art searches reveal:
- Similar formulations or processes in prior Chinese patents such as CN[prior patent numbers].
- International equivalents with comparable claims, e.g., US[patent number], which may impact freedom-to-operate.
Legal Status and Enforcement
As of [current date], CN101861313 remains [e.g., "in force," "pending opposition," "lapsed"], affecting its market leverage.
Enforcement history suggests [e.g., "limited litigation" or "active patent disputes in relevant fields"], indicating a competitive and litigious environment.
Implications for R&D and Commercialization
- The scope of CN101861313 provides a defensible IP position for [product or process] but faces constraints owing to existing prior art.
- Strategic licensing may be pivotal, especially if competitors have filed similar patents.
- Innovators should monitor [related patent filings, patent publication trends, and possible patent thickets].
Key Takeaways
- Claim breadth and claim language significantly influence enforceability; broad claims afford wider protection but face higher validity risks.
- The patent landscape in China is competitive, with active filings across pharmaceutical segments, emphasizing the importance of continuous IP clearance and landscape mapping.
- Prior art in the same technical space necessitates rigorous novelty and inventive step analysis to safeguard or challenge patents.
- Patent CN101861313 strategically covers a specific pharmaceutical composition or process, with potential expansion in international markets via patent family members.
- Effective IP management in China requires vigilant monitoring of patent families and legal statuses to navigate infringement and licensing opportunities.
FAQs
1. How does CN101861313 compare to US or European patents in the same field?
While Chinese patents like CN101861313 often have narrower or similar claims to US/EP counterparts, their strategic value lies in enforcement within China's lucrative pharmaceutical market. Cross-jurisdictional patent families can enhance global protection.
2. What challenges could compromise the validity of CN101861313’s claims?
Prior art disclosures in existing Chinese or foreign patents, especially those predating the filing, pose validity risks. Broad claim language further subjects the patent to invalidation challenges if prior art is found.
3. Can this patent be licensed or challenged by competitors?
Yes. The patent’s scope and enforceability depend on current legal status, claim scope, and prior art. Competitors might license the patent or challenge its validity through opposition mechanisms.
4. What strategic considerations should companies keep in mind regarding this patent?
Evaluate patent scope relative to products under development; assess freedom-to-operate; consider licensing or designing around claims, especially in competitive markets like China.
5. How significant is patent CN101861313 for Sinopharm’s market exclusivity?
It likely confers market exclusivity in China for the specific compositions or processes claimed, reinforcing Sinopharm’s market position, provided the patent remains valid and enforceable.
References
[1] Chinese Patent CN101861313.
[2] 中国国家知识产权局（CNIPA）Patent Search Database.
[3] Patent landscape reports for Chinese pharmaceutical patents (2010–2022).
[4] International Patent Classification (IPC) related to this patent.
[5] Firm filings and patent family data from WIPO PATENTSCOPE.
Note: Exact patent details (filing/grant dates, claim language, and technical specifics) should be verified directly from the CNIPA official database for thorough analysis.
