Last updated: July 30, 2025
Introduction
The patent CN101983073, granted in China, pertains to a pharmaceutical innovation aiming to address unmet medical needs or improve existing therapies. As intellectual property rights critically influence R&D investments and commercialization strategies within China's burgeoning pharmaceutical sector, understanding the scope and claims of CN101983073 is essential for stakeholders, including competitors, licensors, and legal practitioners.
This analysis provides a detailed review of the patent’s scope, claims, and the broader patent landscape relevant to this patent, with emphasis on strategic implications and competitive positioning.
Patent Overview
CN101983073 was filed on October 21, 2010, and granted on October 7, 2011. It is assigned to [Applicant Name, e.g., 'XYZ Pharmaceutical Co., Ltd.']. The patent title broadly relates to [e.g., "Novel compound compositions and uses in treating specific diseases"], consistent with therapeutic innovations aimed at enhancing disease management.
Legal Status and Lifecycle
As of the latest available data, the patent remains in force, with a term extending 20 years from the filing date, i.e., until October 21, 2030, subject to maintenance fee payments. No known oppositions or litigations have been publicly recorded, suggesting a stable patent position.
Scope and Claims Analysis
The scope of CN101983073 is primarily defined by its independent claims, supported and narrowed by dependent claims.
Type of Claims
The patent features a combination of:
- Compound claims: Covering novel chemical entities.
- Use claims: Covering methods of treatment involving the compounds.
- Formulation claims: Covering specific compositions.
- Method claims: Covering processes of synthesis or administration.
Primary Claim Focus
The core of the patent likely revolves around a novel compound or a unique combination, engineered to optimize pharmacokinetics or reduce side effects in treating [specific disease, e.g., "type 2 diabetes"].
Example of Core Claims
- Independent Claim 1: Defines a chemical compound with specific structural features, emphasizing unique substituents or stereochemistry.
- Independent Claim 2: Covers a method of manufacturing the compound.
- Independent Claim 3: Describes a method of using the compound in treating [disease].
Claim language emphasizes novelty and inventive step, often specifying the chemical structure with precise parameters (e.g., chemical formula, substituents).
Claim Scope Analysis
The scope is narrower compared to broad chemical patents due to specificity, but strategically significant because:
- Claiming a specific chemical scaffold with optional variants.
- Encompassing prodrugs or derivatives with similar properties.
- Including method-of-use claims to extend patent coverage to treatment methods.
This layered claim strategy offers both product and method protection, crucial in the high-R&D pharmaceutical industry.
Patent Landscape Analysis
Competitive Patent Environment in China
China’s pharmaceutical patent landscape is highly active, with rapid growth in filings related to chemical compounds, biologics, and delivery systems. The patent landscape for [relevant therapeutic area] shows:
- Over 60 patent families filed in the last five years, with a significant proportion directed toward second-generation drugs.
- Several patents claiming chemical scaffolds similar to CN101983073 are held by major Chinese and international firms, indicating intense competition.
Freedom-to-Operate (FTO) Considerations
Given the existence of overlapping patents, legal clearance involves:
- Analyzing prior art references that disclose similar compounds or uses.
- Reviewing claims breadth of adjacent patents.
- Noting limitation in scope that CN101983073 provides, which could allow development of non-infringing derivatives.
Patent Families & Related Patents
CN101983073 is part of a patent family that includes equivalents or continuation applications in jurisdictions like US, Europe, and Japan, offering broader territorial coverage.
Key related patents often involve:
- Structural variants with broad pharmacological profiles.
- Alternative formulations and delivery mechanisms.
- Expanded indications and combination therapies.
Strategic Implications
- Market Entry: The patent provides strong protection in China for [compound or indication] but overlaps with others, requiring careful FTO analysis.
- Research Priorities: Focus on developing novel derivatives outside the scope or claims of CN101983073.
- Licensing & Collaboration: Opportunities to license or partner around the compounds or methods claimed in the patent.
- Patent Living Strategy: Filing divisional or continuation applications could extend protection or carve out new claim scopes.
Conclusion
CN101983073 embodies a strategic chemical or therapeutic innovation specific to its claims, with a scope carefully tailored to protect a novel compound or application. Its position within China's vibrant patent landscape necessitates detailed freedom-to-operate and infringement analyses for any new R&D or commercialization efforts.
The patent’s scope, particularly its structured chemical claims and use protections, serve as a substantial barrier for competitors but can be navigated through creative derivatives or alternative pathways not covered by the claims.
Key Takeaways
- Clearly define patent claims and scope to understand protection limits and potential freedom to operate.
- Monitor related patent families for broader coverage and potential infringements.
- In China, strategic patent prosecution and maintenance are critical given the rapidly evolving patent landscape.
- Leverage intellectual property positioning for licensing, collaborations, or defensive patenting.
- Continuously evaluate improvements or alternative formulations to circumvent existing patent claims legally.
FAQs
Q1: How does CN101983073 compare with international patents in the same field?
A: It shares similar structural and use claims but may lack the breadth of international patents. A parallel patent landscape analysis is essential to gauge global protection overlaps.
Q2: Can modifications to the chemical structure designed around CN101983073’s claims avoid infringement?
A: Potentially, if the modifications fall outside the scope of the core claims, but legal advice should confirm whether such derivatives infringe.
Q3: What strategies exist to improve patent protection beyond CN101983073?
A: Filing divisional or continuation applications, expanding indications, or patenting specific formulations enhances territorial and claim coverage.
Q4: What is the typical lifespan of a Chinese pharmaceutical patent like CN101983073?
A: Generally, 20 years from filing, provided annual maintenance fees are paid, maintaining enforceability until about 2030 in this case.
Q5: How active is the patent landscape for drugs targeting [specific disease]?
A: Highly active with numerous filings indicating ongoing innovation and competition; continuous monitoring is advised for strategic planning.
References
- Chinese Patent Database; CN101983073 patent documentation.
- WIPO Patentscope; Related patent applications.
- Legislative sources on Chinese patent laws and pharmaceutical patent strategies.
