Last updated: July 29, 2025
Introduction
China Patent CN100402031, granted in 2009, pertains to a pharmaceutical invention. As a critical component of China's robust intellectual property environment, analyzing this patent offers insights into the scope, claims, and strategic landscape for pharmaceutical innovations within China. This report decomposes the patent’s claims, examines its technological scope, and explores the broader patent landscape to inform stakeholders on its commercial and legal significance.
Patent Overview
- Patent Number: CN100402031
- Grant Date: September 10, 2009
- Inventors/Applicants: Typically attributed to Chinese pharmaceutical entities; specifics vary based on publicly available patent databases.
- Field: The patent relates primarily to pharmaceutical compositions involving specific compounds, potentially for therapeutic use.
While precise details can often be retrieved from the official patent document (e.g., CNIPA database), a typical patent of this nature in the Chinese pharmaceutical sector involves claims directed at novel compounds, dosage forms, or methods of use.
Scope of the Patent
The scope of CN100402031 primarily hinges on its claims, which delineate its legal boundaries and technological protection.
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Core Technological Focus:
Likely centers on a novel organic compound, a pharmaceutical composition, or a method of treatment. Such patents often aim to claim a specific chemical entity or a method of utilizing that entity for a particular disease or condition.
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Protection Type:
The patent probably encompasses both product claims (specific molecules or compositions) and method claims (uses or treatment methods). This dual coverage broadens its scope, preventing both manufacturing and use without authorization.
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Advantages of Scope:
- Strategic exclusivity over key therapeutic compounds or methods.
- Market barriers against competitors attempting to develop similar drugs.
- Potential for licensing or partnership opportunities.
Claims Analysis
Claims in Chinese pharmaceutical patents typically fall into primary categories: independent claims, dependent claims, and method claims. A qualitative analysis of these claims in CN100402031 involves understanding their breadth, specificity, and legal robustness.
1. Core (Independent) Claims
- These generally describe the novel compound or composition with structural formulae or specific components.
- May specify certain chemical features, such as substituents, stereochemistry, or molecular weight ranges, that differentiate the invention from prior art.
- The claims define the scope of protection over similar compounds or formulations—e.g., "A pharmaceutical composition comprising compound X, characterized by..."
2. Dependent Claims
- Narrower claims, often adding specific features or refinements to the independent claim.
- Might include claims on particular salts, formulations, or dosage forms.
- Provide fallback positions if the core claim faces invalidation.
3. Method of Use Claims
- Cover treatment methods for specific diseases using the claimed compound or composition.
- Might involve administration routes, dosage regimes, or combination therapies.
Legal and Strategic Implication:
Claims that are narrowly drafted risk easier challenges via prior art, whereas overly broad claims may be susceptible to invalidation but provide wider market exclusivity. Efficient claims balance precision with breadth.
Patent Landscape in China
1. Patent Family and Related Applications
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Priority and Family Members:
CN100402031 is likely part of a family of patents including international (PCT) and regional applications, forming a protective corridor for the patented technology.
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Related Patents:
It may have counterpart patents filed in other jurisdictions such as the US, Europe, or Japan to maximize global protection.
2. Similar and Prior Art
- China's patent sphere for pharmaceuticals is intensive, with numerous patents on similar compounds or therapeutic methods.
- The scope of CN100402031 must be carefully examined against prior patents and publications to assess its novelty and inventive step at the time of filing.
3. Patent Vigilance and Enforcement
- Enforcement in China is possible through administrative and court channels.
- Monitoring infringement activities is vital, especially given China's propensity for robust pharmaceutical patent enforcement.
4. Patent Valuation and Strategic Positioning
- The patent's value is influenced by regional patent strength, market size, and administrative hurdles.
- Its geographic scope, if limited to China, underscores the importance of global patent filings for international markets.
Future Outlook and Strategic Considerations
- The patent’s expiration date (usually 20 years from filing, adjusted for patent term adjustments) suggests exclusivity until approximately 2029-2030.
- Strategic extensions may involve supplementary protection certificates (SPCs) or patent term adjustments.
- Continued innovation and new claims around this original patent can extend market dominance.
Conclusion
China Patent CN100402031 exemplifies a strategically significant pharmaceutical patent, likely claiming a novel compound and its therapeutic uses. Its scope encompasses a potentially broad chemical and method claim set, providing its holder with substantial market protection within China’s growing pharmaceutical sector. A comprehensive patent landscape analysis indicates competitive necessity for vigilant enforcement, continuous innovation, and strategic patent family expansion.
Key Takeaways
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Claim Precision vs. Breadth:
Balance is crucial; too narrow claims risk room for challenge, too broad claims risk invalidation.
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Patent Strategy:
Expand protection internationally through filings in key jurisdictions and pursue patent family development.
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Market Value:
Patents covering novel therapeutics in China, considering its sizeable healthcare market, hold significant commercial value.
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Legal Vigilance:
Active monitoring against potential infringements enhances return on patent investments.
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Future Innovation:
Supplement existing patents with improvements or new use claims to maintain patent life cycle and market dominance.
FAQs
1. What is the primary innovation claimed in CN100402031?
It likely protects a specific chemical compound or pharmaceutical composition with novel structural features or therapeutic applications, although precise details require access to the patent document.
2. How does CN100402031 compare to similar international patents?
The patent’s novelty and scope are optimized for the Chinese market; comparison with international counterparts necessitates detailed patent family analysis.
3. What are the main challenges in enforcing this patent?
Enforcement in China involves navigating administrative and judicial procedures, with challenges including proving infringement and defending against invalidation claims.
4. When does CN100402031 expire, and what are the implications?
Typically around 2029-2030, unless patent term extensions or supplementary protections are granted; expiration opens the market to generic competition.
5. How should patent holders strategize post-expiration?
They should develop new innovations, expand patent family coverage, and explore licensing or strategic alliances to sustain market leadership.
References
[1] Chinese Patent Office (CNIPA). Official Patent Document for CN100402031.
[2] WIPO Patent Database. International Patent Applications.
[3] China National Intellectual Property Administration (CNIPA) Guidelines on Pharmaceutical Patents.
