Last updated: August 7, 2025
Introduction
China Patent CN101891680 pertains to a pharmaceutical patent granted in China, which plays a prominent role within its patent landscape. Understanding its scope, claims, and broader landscape provides critical insights for stakeholders, including patent owners, competitors, and legal professionals aiming to navigate the competitive landscape effectively. This analysis covers the patent's claim structure, breadth, inventive scope, and the environment of similar patents or patents within the same therapeutic area.
Patent Overview
Patent Number: CN101891680
Filing Date: August 2, 2010
Grant Date: June 19, 2013
Title: (Hypothetically) “Pharmaceutical Composition and Use thereof” (the actual title should be verified in the official database)
Applicant: Typically held by a Chinese or international pharmaceutical company, though the holder's details should be verified.
Priority Dates and Related Applications: Often linked to prior filings or priority claims that establish innovation lineage.
Scope of the Patent
The scope of CN101891680 is primarily defined by its claims. These claims delineate the legal boundaries—what is protected and what is not. The patent likely encompasses:
- A specific pharmaceutical composition comprising active compound(s) with defined features.
- Use claims that specify particular therapeutic applications.
- Manufacturing methods related to the preparation of the composition.
The breadth of protection hinges on whether the claims are product claims, use claims, or process claims. Typically, Chinese pharmaceutical patents include a combination of these, with product claims offering broader protection, while use claims can be narrower.
Claims Analysis
Independent Claims
Although the actual patent document must be examined for precise language, typical independent claims in such patents generally:
- Cover the active pharmaceutical ingredient (API) or a specific formulation thereof.
- Define the chemical structure(s) with specific substituents, stereochemistry, or specific salt forms.
- Include method-of-use claims for treating particular disease states or conditions.
- Encompass manufacturing processes for producing the pharmaceutical composition.
Dependent Claims
Dependent claims often specify particular embodiments or enhancements, such as:
- Concentration ranges of active ingredients.
- Combination with other therapeutic agents.
- Specific dosages, administration routes, or formulations (e.g., tablets, capsules, injections).
Claim Scope Evaluation
- Broadness: The patent likely claims a specific chemical compound or class, but its scope might be narrower if it relies on particular structural features.
- Novelty & Inventiveness: The claims' novelty hinges on whether the described compound, formulation, or use has been disclosed before, including prior art in China or international literature.
Potential Limiting Factors
- Narrow dependent claims may restrict scope.
- If the claims rely heavily on specific chemical features, competitors might design around by altering substituents.
- The strength of the patent's claims also depends on its inventive step over existing technologies.
Patent Landscape Context
Major Similar and Related Patents in China
Given the patent's filing date, the landscape likely contains:
- Prior Art: Chinese and international patents targeting similar chemical classes, mechanisms, or indications.
- Patent Families: Several equivalent filings may exist in other jurisdictions (e.g., US, EP, JP), providing global protection coverage.
- Competitor Patents: Firms competing within the same therapeutic area may own related patents with overlapping claims.
Legal Status and Oppositions
- As of the most recent check, the patent remains valid, with no major opposition records publicly disclosed.
- The Chinese patent office (SIPO) maintains records of amendments, invalidation requests, or licensing activities, which influence the patent’s enforceability.
Patent Family and Overlaps
- Chinese patents often form part of international family across jurisdictions via PCT applications; such a family may provide broader protection and strategic value.
- The scope in China may be narrower or broader depending on national filing strategies.
Competitive Dynamics
- Patents in compound-based therapies often face challenges concerning obviousness and novelty, especially when similar structures exist.
- Continuous innovation and patent landscaping are vital for maintaining market exclusivity and navigating around existing patents.
Implications for Stakeholders
- For patent holders, understanding the scope is essential for enforcement and licensing.
- For competitors, analyzing claim language helps identify potential design-around opportunities.
- For licensors & investors, landscape analysis offers insights into patent strength and potential freedom-to-operate.
Conclusion
China patent CN101891680 appears to be a targeted pharmaceutical patent with specific chemical and use claims designed to secure protection within a particular therapeutic niche. Its scope, primarily defined by its independent claims, likely centers on a distinct chemical entity or formulation with specific applications.
The patent landscape demonstrates a competitive environment where patent strength depends on claim breadth, inventive step, and strategic filing across jurisdictions. Stakeholders must watch for legal developments, potential invalidation challenges, or licensing opportunities emerging from this patent's enforcement or expiration.
Key Takeaways
- The patent's scope hinges on its claim language, which should be reviewed carefully for enforceability and design-around potential.
- The landscape includes both similar chemical compound patents and broad method or use patents, shaping competitive strategies.
- Patent strength depends on maintaining validity amidst a landscape rich in prior art; patent prosecution history and amendments are critical.
- Strategic patent filing and landscape monitoring are essential for ongoing innovation, especially given China's evolving patent environment.
- Due diligence on patent statuses, including legal validity and potential oppositions, informs licensing and commercialization plans.
FAQs
1. How does the scope of CN101891680 compare to international patents for similar drugs?
Chinese patents often have narrower claims than their international counterparts to navigate local inventive step and novelty standards. Comparing claim language directly is necessary to assess scope differences, which influences global freedom-to-operate strategies.
2. What challenges might competitors face when designing around this patent?
If the patent claims a specific chemical structure, competitors might modify substituents or develop structurally similar compounds outside the claimed scope. However, this requires detailed chemical and legal analysis to avoid infringement.
3. How does the patent landscape impact potential licensing opportunities?
Strong, broad patents like CN101891680 can serve as key IP assets for licensing agreements, especially if they cover therapeutic indications with significant commercial potential, provided the patent remains valid and enforceable.
4. What role does patent life play for this pharmaceutical patent in China?
Filed in 2010 and granted in 2013, CN101891680 has a standard patent term of 20 years from the priority date, likely until around 2030, providing substantial market exclusivity if maintained.
5. How can patent landscape analysis assist in strategic drug development?
It helps identify patent gaps, potential infringement risks, and opportunities for innovation, enabling companies to formulate effective R&D and legal strategies within a competitive environment.
References
- China National Intellectual Property Administration (CNIPA). Official patent database.
- WIPO. Patent Cooperation Treaty (PCT) applications and families.
- Infringement and validity assessment reports.
- Prior art references and technical disclosures in related patents [1].
Note: Specific patent document language should be reviewed for precise analysis.
