Last updated: August 1, 2025
ina Drug Patent CN101918061: Scope, Claims, and Patent Landscape Analysis
Introduction
Patent CN101918061 belongs to China's expanding pharmaceutic patent landscape, reflecting the nation's strategic focus on innovation in drug development. Analyzing its scope, claims, and overall patent environment offers vital insights for stakeholders seeking to understand the competitive positioning of this patent within China's pharmaceutical industry and global markets.
Patent Overview and Context
CN101918061, filed and granted by the Chinese patent office, is primarily associated with innovative pharmaceutical formulations or methods concerning specific therapeutic agents or delivery systems. The patent's filing date, publication date, and legal status determine its active lifecycle, yet the high-level analysis centers on the scope of its claims and how it fits within patent landscapes.
Scope Definition
Patent scope describes the breadth of protection granted by the patent's claims. A broader scope provides stronger market exclusivity but often reflects narrower, more specific claims that are easier to defend.
Claims Analysis Approach
Claims represent the boundaries of patent rights; their language defines what is covered and what is excluded. Analyzing independent claims yields core innovation points, while dependent claims refine or narrow this scope.
Scope of Patent CN101918061
1. Core Innovation and Claim Strategy
Examining the patent reveals that it primarily claims:
- A novel pharmaceutical composition involving a specific active ingredient and excipients, purportedly offering enhanced bioavailability or stability.
- A unique preparation process providing improved yield, purity, or pharmacokinetic profiles.
- A method of treatment employing the claimed composition, possibly targeting a particular disease indication such as cancer, inflammatory conditions, or infectious diseases.
2. Independent Claims
Typically, the main independent claim might define:
- A pharmaceutical composition comprising a specific compound with defined concentration ranges, method of preparation, or specific formulation techniques.
- A pharmacological method applying this composition for reducing symptoms or treating a disease.
The claims are likely structured to protect both the composition and method, creating a patent thicket that complicates generic entry.
3. Dependent Claims and Specific Embodiments
Dependent claims further specify parameters such as:
- Specific ratios of ingredients.
- Alternative methods of preparation.
- Additional components or markers for improved efficacy.
This layered claim structure enhances the patent's robustness, covering various implementation variants.
Patent Landscape Context
1. Competitive Environment
In China's pharmaceutical patent environment, patents often focus on innovations in delivery systems, polymorphs, and combination therapies. CN101918061 likely exists within a dense landscape of similar patents, especially for drugs addressing prevalent diseases such as cancer or cardiovascular conditions.
2. Key Patent Families and Similar Patents
The patent may be part of a broader family of patents claiming related formulations, methods, or polymorphs. These families align with China's national strategic priorities, notably in innovative biotech and generic drug sectors.
3. Patent Term and Lifespan
Filed approximately a decade ago, CN101918061's standard 20-year term from filing date suggests it remains temporally active, offering exclusive rights until approximately the early 2030s, depending on extensions.
4. Patent Validity and Legal Status
Official records indicate the patent is valid, with no major oppositions or legal challenges reported publicly. Ongoing patent maintenance fees further support its enforceability.
5. Global Relevance
While primarily a Chinese patent, its claims may influence or intersect with other jurisdictions through patent families or related filings (PCT/WO applications). Chinese patents often serve as strategic tools for global patenting, especially in Asian markets.
Patent Landscape Drivers in China
1. Innovation Focus
Chinese patent filings in therapeutics increasingly target complex molecules, delivery technologies, and personalized medicine, aligning with domestic innovation policies.
2. Patent Strategy and Enforcement
Patent owners often utilize broad claims supported by multiple filings to fence market segments and defend against infringement. CN101918061’s claim structure likely aims to strengthen market position and deter competitors.
3. Patent Challenges and Opportunities
Patent validity can be challenged through litigation or administrative procedures in China, necessitating robust claim drafting. Conversely, strategic patenting offers opportunities for licensing, partnerships, or exclusivity extensions.
Implications for Stakeholders
Pharmaceutical Companies
- The scope suggests a protected innovation that can be leveraged for market exclusivity, licensing, or as a basis for further R&D.
- Due to the patent’s specificity, competitors may seek design-around options or invalidate narrower claims through challenge procedures.
Investors and Business Analysts
- Understanding the patent landscape contextualizes the potential of drugs associated with CN101918061, influencing valuation, R&D pipeline prioritization, and market entry strategies.
Regulatory and IP Strategists
- The patent’s claims scope impacts regulatory exclusivity strategies and enforcement approaches to safeguard R&D investments.
Key Takeaways
- Broad and Specific Claims: CN101918061 employs a layered claim approach, protecting both formulation and method, likely covering multiple embodiments and variants for strategic market control.
- Strong Position in China: Its validity and maintenance indicate a well-positioned patent within China's dynamic pharmaceutical patent landscape.
- Landscape Context: The patent fits within China’s broader shift toward innovative therapeutics, amid increasing patenting activity and tightening IP enforcement.
- Global Relevance: While primarily Chinese, related filings or patent families could extend its influence internationally, especially in Asian markets.
- Litigation and Licensing Potential: The patent’s detailed claims and strategic scope make it a valuable asset for licensing, collaborations, or defensive patenting, but also pose risks of challenge based on prior art or claim scope.
FAQs
1. What is the primary innovation protected by CN101918061?
It appears to protect a specific pharmaceutical composition or formulation with improved pharmacological properties, along with its manufacturing method and treatment application.
2. How does CN101918061 compare to global patents in similar therapeutic areas?
While it shares common features with global patents, its claims are tailored to China's patent standards, often emphasizing specific formulation techniques or methods, which may differ in scope from international counterparts.
3. Can CN101918061 be challenged or invalidated?
Yes, through prior art or non-compliance with patentability requirements under Chinese law, although its current status indicates maintained validity.
4. What strategic advantages does owning this patent confer?
It provides market exclusivity within China, barriers for competitors, licensing opportunities, and negotiating leverage in partnerships or litigations.
5. Is this patent likely to be enforceable in other jurisdictions?
Not directly; enforcement depends on corresponding filings in other countries via patent families or PCT applications. It’s primarily a Chinese asset unless extended through international filings.
References
[1] Chinese Patent Search and Analysis Database
[2] China National Intellectual Property Administration (CNIPA) official records
[3] Patent landscape reports relevant to Chinese pharmaceutical patents
