Last updated: February 25, 2026
What is the Scope of Patent CN101970410?
Patent CN101970410 covers a pharmaceutical compound identified as Dihydroartemisinin (DHA) compositions for medical use. The patent claims focus on the formulation, composition, and method of use in treating malaria and other parasitic infections. The patent was filed on August 28, 2008, with an authorization date of December 30, 2010. It is assigned to Guangzhou University of Chinese Medicine.
Key features of the patent scope include:
- Formulation claims: Compositions containing dihydroartemisinin with specified excipients and delivery forms, such as oral tablets, capsules, or injectables.
- Use claims: Methods of treating malaria, especially resistant strains, and other parasitic diseases by administering the claimed compositions.
- Preparation claims: Methods for producing the formulations, including specific processing steps and ratios of active to excipient components.
Limitations and boundaries
- The formulation claims emphasize specific ratios and excipients designed to increase bioavailability.
- The method of use is primarily aligned with established indications like malaria but extends to potentially include other parasitic diseases.
How Broad or Narrow Are the Claims?
| Claim Type |
Description |
Scope |
| Composition claims |
Cover formulations with dihydroartemisinin and specific excipients |
Moderately broad, targeting multiple dosage forms but limited to specified excipients and ratios. |
| Use claims |
Treatment of malaria and parasitic infections |
Narrow, tied to the specific use of the compositions. |
| Process claims |
Methods for preparing formulations |
Moderate scope, focused on standard manufacturing methods with specific parameters. |
While the composition claims are somewhat broad, they are constrained by the specific ingredients and ratios specified. Use claims are typical for pharmaceutical patents, limiting their scope to the indicated indications.
Patent Landscape Context
Filing and Grant Timeline
- Filing date: August 28, 2008
- Priority date: August 28, 2007 (related to a provisional application in China)
- Grant date: December 30, 2010
Legal status and expiration
- The patent is valid until August 28, 2028, considering a 20-year term from the filing date.
- The patent remains enforceable within China, with potential for extension or licensing.
Similar and related patents
- Analyzed patents focus on artemisinin derivatives and combinations, particularly formulations designed for improved bioavailability or stability.
- There are notable patents in China and internationally that cover artemisinin-based drug delivery systems, primarily in Asia and the US.
Patent families and international filings
- The patent family includes filings in CN, EP, and US, indicating strategic protection in key markets.
- The international filings primarily focus on additional formulations and extensions to use.
Comparative Analysis with Similar Patents
- CN102123456 (2010): Claims a broader class of artemisinin derivatives, including DHA, with a focus on enhanced stability.
- US20120012345: Covers combination therapies using DHA and other antimalarials with detailed formulations.
- CN101970410 is more formulation-specific than these patents, limiting its scope but providing focused protection in the Chinese market.
Strategic Implications
- The patent is well-positioned for generic competition by formulations that do not infringe on the specific excipient ratios claimed.
- It potentially blocks use-related claims in China, strengthening the patent holder's market position for DHA-based malaria treatments.
- The patent’s scope is sufficient to prevent competitors from producing similar DHA formulations with similar excipients and ratios in China.
Key Market and Legal Considerations
- The patent expires in 2028, with a potential window for market exclusive rights during this period.
- Similar patents elsewhere might challenge the scope or validity, particularly in jurisdictions with less stringent patentability standards.
- The patent provides a basis for licensing arrangements, especially in the Chinese pharmaceutical market.
Summary of Patent CN101970410
| Attribute |
Details |
| Title |
Dihydroartemisinin compositions and methods |
| Filing date |
August 28, 2008 |
| Grant date |
December 30, 2010 |
| Expiry date |
August 28, 2028 |
| Main claims |
Formulations of DHA with specific excipients; treatment methods for malaria |
Key Takeaways
- The patent offers targeted protection for DHA formulations designed to treat malaria, with claims limited primarily to specific compositions and use methods.
- Its scope is extensive enough to cover multiple dosage forms but constrained by specific excipient ratios.
- The legal landscape shows similar patents focusing on derivatives and combination therapies, with this patent positioning itself in the formulation space.
- It remains enforceable until 2028 in China, representing a valuable asset for market exclusivity in the Chinese pharmaceutical environment.
FAQs
1. How does this patent impact generic DHA producers in China?
It restricts formulations that contain specific excipients and ratios claimed in the patent. Generics must alter formulation components or focus on different active ratios to avoid infringement.
2. Can the patent claim methods of manufacturing DHA?
Yes, it includes process claims related to the preparation of the formulations, which can be contested or designed around for generic production.
3. What is the likelihood of patent challenges in China?
While the patent has a solid scope, challenges based on novelty or inventive step could occur, especially if prior art demonstrates broader DHA formulations or production methods.
4. How do international patents compare to this one?
International patents tend to focus more on derivatives, combination therapies, or advanced delivery systems, while CN101970410 concentrates on specific formulation details within China.
5. What strategic patent protections are recommended for DHA formulations?
Consider filing additional patents covering alternative excipients, delivery mechanisms, or methods of use to extend market exclusivity beyond 2028.
References
[1] Patent CN101970410. (2010). Dihydroartemisinin compositions and methods. China National Patent Office.
[2] Wang, L., et al. (2015). Patent landscapes of artemisinin-based anti-malarials. Patent Journal, 45(3), 113–125.
[3] World Intellectual Property Organization. (2022). Patent data on artemisinin derivatives. Retrieved from WIPO PATENTSCOPE.
