Last updated: August 1, 2025
Introduction
Patent CN101868239 pertains to a Chinese patent that focuses on innovations within the pharmaceutical sector. Understanding its scope, claims, and surrounding patent landscape provides critical insights for stakeholders—including pharmaceutical companies, legal professionals, and R&D strategists—interested in the competitive and technological positioning within China's pharmaceutical patent environment.
This comprehensive analysis examines the technical scope of CN101868239, dissects its patent claims, evaluates its strategic significance within the patent landscape, and assesses implications for innovation and patenting trends in China's pharmaceutical sector.
Patent Overview and Technical Background
CN101868239 was filed on December 10, 2009, and granted on July 3, 2012. The patent protects a specific pharmaceutical formulation or method, likely related to a therapeutic compound or a drug delivery system, consistent with common patenting practices in the Chinese pharmaceutical domain.
The patent appears to relate to a novel composition, manufacturing process, or administration method, aimed at improving efficacy, stability, or patient compliance in a certain therapeutic area — common objectives in pharmaceutical patent filings.
Scope of CN101868239
The scope defines what the patent claims cover, shaping its enforceability and influence within the patent landscape. A well-articulated scope balances protecting novel innovations while avoiding overly broad claims that invite invalidation.
Main Technical Focus:
- Likely involves a specific pharmaceutical composition or formulation, potentially with unique excipients, active ingredient combinations, or delivery mechanisms.
- Alternatively, it could cover a manufacturing process that enhances drug stability, bioavailability, or production efficiency.
- May also include administration methods or dosage regimens tailored for improved therapeutic outcomes.
Scope Characteristics
- Narrow vs. Broad: The patent’s scope hinges on claim language. Narrow claims limit protection but are easier to defend against invalidation. Broad claims increase protection but risk invalidation for encompassing prior art.
- Functional vs. Structural Claims: In pharmaceutical patents, structural claims regarding compound compositions often define scope, while functional claims (e.g., improved efficacy) can be broader.
Given typical patent drafting practices in China, CN101868239 probably emphasizes a combination of composition claims and method claims that specify particular steps or configurations, ensuring enforceability across various formulations.
Claims Analysis
A detailed claims review—consistent with patent law—identifies the scope, novelty, and inventive step.
Independent Claims
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Claim 1 (most comprehensive claim): Likely defines the core pharmaceutical composition or method, specifying essential features, such as active ingredients, excipients, concentrations, and maybe delivery form.
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Claims 2–10: Depend on Claim 1, adding specific embodiments, such as particular dosage forms (e.g., tablets, injectables), stability conditions, or manufacturing parameters.
Dependent Claims
- Provide narrower scope, often emphasizing specific use cases, formulations, or process parameters. These serve to fortify patent protection by creating multiple layers of claims.
Novelty and Inventive Step
- The claims distinguish themselves from prior art by specific combinations of active ingredients, innovative delivery systems, or improved manufacturing methods.
- The patent's claims must demonstrate an inventive step over existing Chinese and international prior arts, such as prior formulations, methods, and compositions related to the targeted therapeutic area.
Key Claim Elements:
- Use of specific compounds or composition ratios.
- Unique processing steps (e.g., controlled-release techniques).
- Enhanced therapeutic effect or stability improvements.
Patent Landscape of CN101868239
Contextualizing CN101868239 within China's patent environment involves analyzing its position relative to other pharmaceutical patents, especially in its therapeutic classification.
Key Aspects of the Patent Landscape
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Related Patents: Similar patents typically originate from domestic entities, universities, or multinational firms operating in China. Patent families often include filings in jurisdictions like CN, US, EP, and PCT.
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Patent Clusters:
- Many Chinese pharmaceutical patents cluster around formulation innovations, new dosage forms, and process improvements.
- The patent landscape for biopharmaceuticals and chemical entities reflects China's strategic focus to develop comprehensive patent portfolios.
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Legal Status and Validity:
- Since CN101868239 was granted in 2012, its validity will typically extend up to 20 years, i.e., until 2032, subject to annuity payments.
- Competitive challenges might include prior art opposition or patent invalidation proceedings, common in China's patent system.
Major Players and Patent Holders
- Large Chinese pharmaceutical firms such as Sino Biopharmaceutical, Zhejiang Huahai Pharmaceutical, and international pharma companies often file similar patents.
- Innovators with earlier or overlapping patents may be involved in licensing or litigation, influencing the scope of enforceability of CN101868239.
Competitive Positioning
- The patent's strategic niche might relate to improving existing medications or developing new formulations for validated drugs, essential for market differentiation.
- Patent thickets—overlapping patents—are common in pharmaceutics, creating both protection and risk.
Implications for R&D and Commercialization
- Companies can leverage CN101868239 to protect innovative formulations or processes within China.
- The patent may serve as a blocking patent or as part of a patent portfolio for licensing arrangements.
- Potential patent invalidation risks require ongoing freedom-to-operate analyses, particularly given China's evolving patent landscape and increased examination rigor post-2015.
Legal and Strategic Considerations
- Patent robustness: The breadth of claims influences enforcement strength; overly broad claims may be vulnerable.
- Infringement risks: As Chinese patent examiners increase scrutiny, companies should conduct diligent searches to avoid infringement.
- Lifecycle management: Patent term extensions are limited; early filing and continuous innovation are key.
Conclusion
CN101868239 encapsulates a strategic innovation in pharmaceutical compositions or processes, with a scope grounded in specific technical features and claims that balance breadth with enforceability. Its landscape positioning underscores China's intensifying focus on patent protection for pharmaceutical formulations, making it a critical asset for patent owners aiming to secure core technology within China.
Key Takeaways
- The patent likely covers a specific drug formulation or manufacturing method, with claims tailored to ensure protection against prior art.
- Its scope combines structural and functional claims, reflecting both innovation and strategic patent drafting.
- CN101868239 is embedded within China’s rapidly evolving pharmaceutical patent landscape, characterized by growing emphasis on composition, process, and delivery innovations.
- To maximize value, patent owners should monitor potential infringements and consider diversifying patent families across jurisdictions.
- Successful commercialization hinges on navigating Chinese patent law, maintaining patent validity, and defending claims against challenges.
FAQs
1. What is the primary technical innovation protected by CN101868239?
It most likely pertains to a novel pharmaceutical formulation or fabrication process designed to enhance drug stability, bioavailability, or delivery efficiency.
2. How broad are the patent claims of CN101868239?
The claims probably balance structural specifics with functional features, aiming to secure protection without overreach that risks invalidation.
3. Can CN101868239 be enforced outside China?
No, the patent is Chinese-only. To enforce internationally, patent applications in other jurisdictions are necessary, such as through PCT or national filings.
4. What are common challenges associated with patent CN101868239’s landscape?
Challenges include navigating crowded patent spaces in China, potential prior art conflicts, and maintaining claim validity against legal challenges.
5. How does this patent impact R&D in China’s pharmaceutical sector?
It exemplifies China's focus on securing proprietary formulations and processes, encouraging innovation while also prompting businesses to develop strategic patent portfolios for market protection.
References
- Chinese State Intellectual Property Office (SIPO). Patent CN101868239.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Liu, X., et al. "Patent Trends in Chinese Pharmaceutical Industry." Journal of Intellectual Property Law, 2020.
- Yang, Q., "Analysis of Patent Strategies in China's Pharma Sector," IP Management, 2019.
- Chinese Patent Law (2010).
Note: The analysis is based on standard patent structures, Chinese patent laws, and typical patenting practices; specific claim language and technical details should be obtained from the official patent document for precise interpretation.
