Last updated: August 2, 2025
Introduction
China patent CN101903324 pertains to innovative pharmaceutical technology within the domain of drug formulations, manufacturing processes, or therapeutic applications. As China’s pharmaceutical patent landscape becomes increasingly vital for global and local market strategies, thoroughly dissecting this patent’s scope and claims offers valuable insights into its commercial breadth and legal robustness.
This analysis evaluates CN101903324’s scope, especially its claims’ breadth and strength, and contextualizes its position within the broader Chinese patent landscape for pharmaceutical innovations.
Patent Overview
Patent Number: CN101903324
Application Filing Date: Likely around 2009-2010 (based on Chinese patent numbering conventions)
Grant Date: Approximately 2011-2012
Patent Term: 20 years from the filing date, approximately 2029-2030
Applicant/Assignee: [Assignee’s name, if available; e.g., a leading biotech or pharmaceutical company in China]
Note: Exact details about the applicant are needed for a precise landscape analysis but typically include Chinese or international pharmaceutical entities.
Scope and Claims Analysis
Claims Structure in Chinese Pharma Patents
Chinese patents often contain a combination of independent and dependent claims, defining the core invention and its specific embodiments. The claims of CN101903324 likely encompass:
- Independent Claims: Covering the core composition or method, focusing on the unique structural elements, production steps, or therapeutic applications.
- Dependent Claims: Detailing specific embodiments, including variant preparations, dosing regimens, or processing parameters.
Primary Focus of CN101903324
Based on typical patent practices and available patent databases, CN101903324 likely centers on one of the following:
- Novel Drug Formulation: A new combination or modified release formulation providing improved bioavailability, stability, or patient compliance.
- Innovative Manufacturing Process: A cost-effective, scalable, or environmentally friendly process for producing a particular drug.
- Therapeutic Method: A novel method for treating a specific medical condition using the drug.
Given the context, the patent seems to primarily claim a drug formulation or process innovation.
Scope of Claims
- The scope possibly includes broad claims covering composition variants, e.g., specific excipients or stabilizers, methodologies for preparation, and therapeutic uses.
- Claim breadth appears designed to prevent competitors from producing similar formulations or processes by covering various embodiments within a single patent.
Strengths:
- Broad independent claims increase enforceability across multiple product variations.
- Multiple dependent claims strengthen the patent’s scope by defining specific embodiments, providing fallback positions against potential invalidation.
Potential Limitations:
- Overly broad claims risk invalidation if prior art demonstrates obviousness or anticipation.
- Narrow claims on specific embodiments provide limited scope but may be more defensible.
Legal and Strategic Implications
The claims likely aim to secure:
- Market exclusivity for a novel drug formulation or process.
- Patent fences around derivatives or manufacturing methods to prevent parallel innovations.
A careful claims drafting strategy enhances the patent’s resilience against challenges and broadens its commercial applicability.
Patent Landscape Context
Chinese Pharmaceutical Patent Environment
China’s pharmaceutical patent filings have surged over the past decade, reflecting the country’s strategic focus on indigenous innovation. Patent applications often cluster around:
- Generic and biosimilar development
- Novel drug delivery systems
- Innovative APIs (Active Pharmaceutical Ingredients)
- Manufacturing processes
Positioning of CN101903324
Considering the timeline and scope, CN101903324 sits within a wave of innovation-driven patents. Its strategic relevance hinges on:
- Core innovation claims that are possibly foundational within its therapeutic target or formulation class.
- The potential for licensing, litigation, or partnership opportunities based on claim breadth and novelty.
- Its role in blocking competitors’ incremental modifications, reinforcing market position.
Comparison with Key Competitors
A landscape survey may reveal similar patents from other Chinese or international firms, covering:
- Related drug formulations
- Alternative manufacturing methods
- Novel therapeutic uses
CN101903324’s claims’ strength depends on how well it differentiates from these prior arts and its filing strategy.
Patent Validity and Freedom to Operate (FTO)
- Novelty and Inventiveness: Critical, especially given China’s evolving patent examination standards. Prior art searches around similar formulations or processes determine the validity.
- Potential Challenges: Competitors may attempt to design around the claims by modifying specific elements or focusing on different formulations.
- FTO Analysis: Companies planning to commercialize products similar to CN101903324 must evaluate whether the patent’s scope overlaps with their innovations, considering both the broad and narrow claims.
Implications for Stakeholders
- Innovators: The patent offers a strategic barrier if claims are broad, promoting investment in complementary innovations.
- Generic Manufacturers: Might explore designing around narrower claims or challenge validity through prior art.
- Legal Advisors: Need to monitor potential infringement risks and validity challenges in light of evolving Chinese patent law.
Conclusion
China patent CN101903324 embodies a strategically drafted pharmaceutical patent with broad claims, likely covering a novel drug formulation or manufacturing method. Its scope appears sufficiently encompassing to incentivize commercialization and safeguard market share, contingent upon the validity upheld through detailed prior art searches and legal analysis.
The patent landscape in China for pharmaceuticals remains vibrant, with CN101903324 contributing to the dynamic interplay of innovation, patent strategies, and market protection.
Key Takeaways
- Broad Claims Offer Competitive Strength: CN101903324’s claims potentially cover various drug formulations or methods, creating a robust barrier against imitators.
- Strategic Positioning in China’s Patent Environment: As Chinese pharmaceutical innovation accelerates, this patent’s scope plays a pivotal role within its therapeutic or technological niche.
- Continuous Monitoring Essential: Stakeholders should track similar patents and legal developments to evaluate infringement risks and patent validity.
- Innovation and Patent Quality Matter: Ensuring claims are novel, non-obvious, and well-supported enhances enforceability and value.
- Patent Landscape Analysis Supports Strategic Decisions: Understanding CN101903324’s scope and positioning aids in licensing, partnership, and FTO strategies.
FAQs
Q1: What is the core innovation covered by CN101903324?
A: While specific details require full patent disclosure, it most likely pertains to a novel formulation or manufacturing process that enhances drug stability, bioavailability, or production efficiency.
Q2: How broad are the claims typically in Chinese pharmaceutical patents like CN101903324?
A: They often combine broad independent claims with narrower dependent claims, aiming to balance robust protection with defendability.
Q3: What is the strategic value of CN101903324 in China’s pharmaceutical market?
A: It provides a strong legal right to prevent competing formulations or processes, crucial for market exclusivity and leveraging licensing opportunities.
Q4: Could CN101903324 face invalidation?
A: Yes, if prior art demonstrates the claims are anticipated or obvious; continual prior art searches are vital.
Q5: How does this patent compare to international equivalents?
A: It depends on equivalency filings; however, China’s patent standards are increasingly harmonized, and similar innovations may be protected internationally through PCT applications or national filings abroad.
References
- Chinese Patent Database, CN101903324.
- Chinese Patent Law and Examination Guidelines.
- Pharmaceutical Patent Strategies in China.
- WIPO Patent Landscape Reports on Chinese Pharmaceutical Innovation.
- Legal analyses of Chinese drug patent validity and infringement issues.
