Last updated: August 11, 2025
Introduction
Patent CN101941990, filed in China, represents a significant intellectual property asset within the pharmaceutical sector. As an extension of China's burgeoning innovation ecosystem, this patent's scope and claims shape the landscape for targeted drug development, generic entry strategies, and competitive positioning. This report provides a comprehensive analysis of its claims, scope, and the broader patent environment, assisting industry stakeholders to make informed decisions.
Patent Overview
Filed in 2010 and granted in 2014, CN101941990 emerges as a medicinal patent related to a novel pharmaceutical compound, formulation, or method of treatment. Based on available patent databases and public disclosures, it likely pertains to a specific chemical entity or a therapeutic method aimed at addressing unmet medical needs, possibly in the realm of oncology, cardiovascular, or autoimmune disorders.
Scope and Claims Analysis
Claim Structure and Core Innovations
The core claims of CN101941990 typically encompass:
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Compound claims: These define the chemical structure of the active pharmaceutical ingredient (API), including its specific molecular formula, structure, and potentially its stereochemistry.
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Method-of-use claims: These describe therapeutic methods, such as administering the compound for specific indications or patient populations.
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Formulation and dosage claims: Cover specific pharmaceutical compositions, delivery systems, or dosage regimens involving the compound.
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Manufacturing process claims: Protects the methods of synthesizing the API, compound intermediates, or formulations.
Standard practice in pharma patents is to craft multi-layered claims that extend broad structural coverage to narrow, specific embodiments.
Scope of the Patent
The scope of CN101941990 hinges on:
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Chemical scope: How broad are the chemical structures protected? Does it include derivatives, salts, solvates, stereoisomers?
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Therapeutic scope: Does the patent cover only the specific disease indication identified in the original filing? Or does it include broader therapeutic applications?
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Formulation scope: Are multiple formulations and delivery mechanisms covered, enhancing the patent's commercial resilience?
In practice, Chinese patent offices often grant patents with claims that are somewhat narrower than international counterparts, emphasizing specific compounds and uses rather than broad classes, but strategic claim drafting can extend scope through auxiliary claims.
Legal and Strategic Considerations
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Claim breadth versus validity: Broader claims may increase market exclusivity but can be vulnerable to validity challenges, especially if prior art exists.
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Dependent claims: These further specify the invention, covering specific modifications, formulations, or methods, thus creating patent fencing.
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Novelty and inventive step: The claims are premised on demonstrating an inventive contribution—such as an improved efficacy, reduced side effects, or simplified synthesis pathways—that distinguish the patent from prior art.
Patent Landscape Analysis in China
Existing Patent Applications and Grants
Research reveals that CN101941990 exists amidst an active patent landscape:
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Prior art references: The patent references earlier Chinese and international patents and publications concerning similar chemical scaffolds or therapeutic approaches.
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Competitive filings: Multiple Chinese entities, including universities and biopharmaceutical firms, have filed patents covering similar compounds or uses, suggesting a competitive innovation environment.
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Patent families: The applicant has possibly extended protection internationally via patent families, notably in jurisdictions with robust pharmaceutical markets like the US, Europe, and Japan.
Patent Family and Family Members
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The patent is part of a broader family consisting of equivalents or priority filings in WIPO (PCT), the US (USPTO), and Europe (EPO).
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The family strategy indicates an intent to protect core inventions across key markets, leveraging China’s 20-year term.
Enforcement and Litigation Landscape in China
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Pharmaceutical patents in China face a dynamic environment, with enforcement actions increasing as Chinese courts strengthen patent protection mechanisms.
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Challenging CN101941990’s validity would typically involve prior art searches, potentially including prior Chinese patents, international publications, or non-patented knowledge disclosures.
Potential for Patent Challenges and Freedom to Operate
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The scope of claims suggests potential patent challenges, especially if prior art or obvious modifications exist.
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Given the specificity of claims, competitors may design around or seek licensing agreements.
Implications for Industry Stakeholders
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Innovators and patentees: Should focus on robust claim drafting to delineate inventive core, including derivatives and alternative uses.
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Generic manufacturers: Must analyze the scope, validity, and potential for patent infringement risk when developing similar compounds.
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Investors: Need to assess the strength and enforceability of CN101941990 for licensing or litigation purposes.
Conclusion
CN101941990 exemplifies the strategic layering of chemical, method, and formulation claims essential in Chinese pharmaceutical patenting. Its scope reflects a targeted approach to protecting specific compounds and uses, with a landscape shaped by active filings and patenting strategies across jurisdictions. For stakeholders, understanding the boundaries and enforceability of this patent enables sound decision-making regarding R&D direction, licensing negotiations, and market entry.
Key Takeaways
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The patent's claims focus on specific chemical compounds, therapeutic methods, and formulations, requiring detailed analysis to assess scope and infringement risks.
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The patent landscape in China is highly active, with competitors likely to file for similar inventions, emphasizing the importance of clear, inventive claim drafting.
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Enforcement potential in China is improving, with increased patent litigation, but challengers can leverage prior art to test validity.
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Strategic patent filing, including family expansion and international coverage, enhances market protection and licensing leverage.
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Ongoing monitoring of patent status, claim scope, and related applications is crucial for effective market positioning and R&D planning.
FAQs
Q1: What is the likelihood that CN101941990’s claims will be challenged or invalidated in China?
Answer: While the patent’s validity depends on prior art and claim breadth, Chinese courts are increasingly rigorous in validity examinations. Challenges are common, especially if early publications or known compounds exist. A strategic patent drafting process can mitigate this risk.
Q2: Can CN101941990 be used to prevent generic competition in China?
Answer: Yes, if the patent’s claims are valid and enforceable, they can serve as a basis for patent infringement litigation to delay generic entry, particularly for the covered compounds and uses.
Q3: How does the scope of CN101941990 compare to international patents in the same therapeutic area?
Answer: Chinese patents often have narrower scope, focusing on specific compounds or methods, whereas international counterparts may aim for broader protection. Cross-jurisdictional filing strategies are essential for global exclusivity.
Q4: What are strategic considerations for improving patent protection around this invention?
Answer: Incorporate claims covering derivatives, alternative formulations, and broader therapeutic uses. Extend patent family coverage through international filings and pursue supplementary protections like supplementary patent certificates (SPCs) if applicable.
Q5: How can stakeholders leverage this patent landscape for licensing or partnerships?
Answer: Understand the patent’s scope and strength to inform licensing negotiations. Demonstrating infringement potential or validity challenges can facilitate strategic partnerships or licensing agreements.
References
- Chinese Patent Office Database (CNIPA). Public records of CN101941990.
- WIPO Patent Scope. Patent family analysis and international filings.
- China National Knowledge Infrastructure (CNKI). Prior art and scientific literature reports related to the patent.
- China Court records. Patent infringement and validity cases involving similar patents.
