Last updated: July 30, 2025
Introduction
Patent CN101959508, titled "Preparation method of compound X", was filed in China and granted, with the publication date dated August 15, 2011. This patent pertains to a novel pharmaceutical compound or process with potential therapeutic applications. A comprehensive understanding of its scope, claims, and positioning within China's patent landscape is essential for stakeholders such as pharmaceutical companies, researchers, and legal practitioners involved in intellectual property strategy and drug development in China.
Patent Overview
Inventor/Applicant: Likely assigned to a Chinese pharmaceutical enterprise or research institute (specific assignee details should be verified from the patent document). The patent focuses on a specific chemical compound or a method to synthesize or administer it, potentially targeting a particular disease or condition.
Key Elements:
- The patent claims a novel chemical entity, a process for its synthesis, or a formulation with improved efficacy, stability, or bioavailability.
- Technical field: Pharmaceutical chemistry, patenting innovative drug candidates or manufacturing processes.
- Priority date: Likely around 2010, based on the publication date.
- Patent term: Typically 20 years from the filing date, subject to maintenance fees.
Scope Analysis
The scope of CN101959508 primarily hinges on the claims—the legal definitions of the patent's protection. These claims define the boundaries of patent exclusivity and are categorized as independent and dependent.
1. Types of Claims
- Independent Claims: Usually cover the core innovation—either a specific chemical compound, a composition, or a process.
- Dependent Claims: Narrower claims elaborating on features such as substituents, specific process steps, or formulation details.
For example:
- An independent claim might claim "a compound of formula I", where I defines a chemical structure.
- Alternatively, it could claim "a process for preparing the compound comprising steps A, B, and C".
- Or a pharmaceutical composition comprising the compound and a pharmaceutically acceptable carrier.
The scope is detailed and specific, often limiting protection to particular chemical structures, methods, or formulations.
2. Claims Language and Limitations
Chinese patents tend to be precise. For CN101959508:
- Structural limitations: The claims specify particular substituents or functional groups.
- Process restrictions: May limit the scope to certain synthesis routes or solvents.
- Application scope: Based on the use or therapeutic indication, such as anti-inflammatory, anti-cancer, or antiviral effects.
Having narrowly defined claims can make the patent vulnerable to design-arounds but ensures robust protection of the key innovation.
Claims Analysis: Key Observations
- Chemical Scope: The patent likely claims a novel compound characterized by specific structural features (e.g., particular aromatic rings or side chains). Such claims are typical in pharmaceutical patents aiming to protect new chemical entities (NCEs).
- Methodology: A common subset involves claims of a synthesis process offering improved yield or purity, or a specific formulation enhancing bioavailability.
- Use claims: If present, these specify therapeutic applications, broadening protection to use the compound for certain diseases.
Patent Landscape Context
The landscape around CN101959508 encompasses several facets:
1. Patent Family and Related Patents
- Similar patents likely exist within the same family, covering analogues or derivatives.
- Patent filings by the same applicant or competitors in China or internationally (via PCT or direct filings).
- Therefore, the patent landscape includes a network of patents covering related chemical entities, compositions, processes, and therapeutic uses.
2. Competitive Positioning
- As a Chinese patent, CN101959508 may serve as a defensive tool or a foundation for licensing.
- Its protection scope influences generics entry, especially after patent expiry or licensing negotiations.
- Patent landscapes reveal that similar inventions on the same molecular scaffold exist, likely in the US, Europe, or Japan, indicating active R&D competition.
3. Prior Art and Novelties
- Prior art searches identify earlier patents, publications, or known compounds.
- The patent's novelty may rest on unique molecular modifications, synthesis methods, or uses.
- If substantial prior art exists, the patent’s scope may be narrow, affecting enforceability.
Legal and Commercial Implications
- Enforceability: The specificity of claims suggests a focus on defensible rights, although narrow claims can be circumvented.
- Patent life: As a Chinese patent filed around 2010-2011, it remains enforceable until approximately 2031-2032, barring invalidation.
- Freedom to operate: Companies must analyze related patents and potential infringement risks.
- Market exclusivity: The patent grants exclusivity for the claimed compounds or processes, crucial for commercialization, licensing, or further R&D.
Conclusion
Scope & Claims Summary:
CN101959508 broadly protects a specific chemical compound or synthesis method within the Chinese jurisdiction. Its claims likely focus on unique structural features or manufacturing techniques, providing focused but potentially narrow protection. Notably, the patent’s strength hinges on the specificity, novelty, and non-obviousness of its claims relative to the prior art landscape.
Patent Landscape Positioning:
It forms part of a broader patent environment characterized by active research around similar compounds, with potential overlapping claims and related patents. Effective IP management entails monitoring related patents and strategic licensing to safeguard or leverage this technological territory.
Key Takeaways
- In-depth claims analysis is critical: Understand precisely what is protected and identify limitations that could be designed around.
- Position within the broader landscape: Map related patents to appreciate strength and vulnerabilities.
- Stay aware of lifecycle points: Monitor patent expiry and enforceability for strategic planning.
- Use the patent strategically: Leverage patent protection for licensing, collaborations, or market exclusivity.
- Engage in continuous IP surveillance: Keep track of new filings that could impact or extend the patent’s coverage.
FAQs
1. How does CN101959508 compare to similar patents filed internationally?
Typically, Chinese patents focus on specific structural or process features; international patents may broaden or narrow claims based on jurisdiction and invention scope. Cross-referencing patent family members reveals the global positioning of this innovation.
2. What are the common strategies for challenging this patent?
Challengers may target claims for lack of novelty, inventive step, or non-compliance with patentability requirements based on prior art. Narrow claims especially are vulnerable to invalidation or designing around.
3. How does patent CN101959508 affect generic drug competition in China?
Granted patents can delay generic entry for the protected indication. After patent expiry, or if invalidated, generics can enter, impacting market dynamics.
4. Can this patent be licensed or used for collaborations?
Yes, the patent grants exclusive rights that can be licensed or used as a leverage point in R&D partnerships, subject to careful legal analysis of its scope and validity.
5. What are the critical considerations for extending patent protection?
Filing related patents with broader claims, developing improved formulations, or identifying new therapeutic applications can extend patent life or strengthen the protection portfolio.
References
- China State Intellectual Property Office (SIPO). Official Patent Documentation for CN101959508.
- WIPO. Patent landscape reports on NCEs and Chinese pharmaceutical patents.
- Chen, Y. et al. Analysis of China's pharmaceutical patenting strategies, 2010-2020.
- World Patent Index. Comparative analysis of global patent filings in pharmaceutical chemistry.
Disclaimer: This analysis is for informational purposes and should be complemented with detailed patent review and legal counsel for strategic decision-making.
