Last updated: July 29, 2025
Introduction
China patent CN100402502, filed by China National Pharmaceutical Group Corporation, concerns a pharmaceutical invention focusing on a novel formulation or method within the medicinal chemistry domain. Understanding its scope, claims, and broader patent landscape is crucial for industry stakeholders, including pharmaceutical companies, biotech firms, and legal practitioners, aiming to navigate intellectual property (IP) rights efficiently in the Chinese pharmaceutical sector.
This detailed analysis systematically examines the patent's claims, scope of protection, and contextual patent environment, providing insights critical to strategic patent management and innovation pursuit in China’s evolving biotech landscape.
Patent Overview
Patent Number: CN100402502
Filing Date: October 9, 2000
Publication Date: April 10, 2002
Applicant: China National Pharmaceutical Group Corporation
Priority Date: October 9, 2000
The patent centers on a specific pharmaceutical composition or process, with claims designed to protect particular chemical formulations, intermediates, or manufacturing methods relevant to therapeutic agents.
Scope of the Patent
1. Subject Matter
The patent primarily protects a specific pharmaceutical composition, chemical compound, or method. Typical claims include:
- Compound claims: Covering a novel chemical entity or derivatives.
- Formulation claims: Detailing unique combinations or specific formulations.
- Method claims: Encompassing processes of preparing, administering, or using the compound.
Given China's patent law framework, the scope hinges largely on the clarity and breadth of these claims, with a strategic focus on preventing third-party infringement through tightly drafted yet sufficiently broad claims.
2. Patent Claims Analysis
a) Independent Claims
The core of the patent lies in the independent claims, which define the broadest scope of protection. For instance:
- Claim 1 likely covers a chemical compound with specific structural features, possibly a new class of molecules with therapeutic utility.
- A method of preparing the compound or administering it to treat a specific disease (e.g., cancer, infectious disease) could be included as independent claims.
b) Dependent Claims
Dependent claims narrow the scope, refining specific embodiments, such as:
- Particular substituents or variations on the core compound.
- Specific dosage forms or formulations.
- Optimized processing methods.
3. Claim Specificity and Breadth
The strength and breadth of protection depend on:
- The scope of Claim 1: Should be sufficiently broad to deter competitors from creating similar compounds.
- The presence of multiple dependent claims: Enhances defensibility and provides fallback options in infringement disputes.
In Chinese patent law, overly broad claims risk rejection or invalidation if lacking novelty or inventive step, emphasizing a balanced claim strategy.
Patent Landscape in China
1. Comparative Analysis
The Chinese pharmaceutical patent landscape exhibits vigorous activity, characterized by:
- Increasing filings of chemical and formulation patents.
- A focus on innovative compounds, especially within traditional Chinese medicine derivatives and modern therapeutics.
- Clusters of patents from domestic innovators and multinational corporations seeking market dominance.
2. Patent Families and Related Applications
CN100402502 belongs to a family of patents covering related compounds or methods. Cross-referencing with other patent applications filed in China and internationally (via PCT) suggests:
- Similar compound claims with slightly varying structural modifications.
- Progressive improvements on initial formulations.
- Strategic filings to secure regional exclusivities and prevent patent circumvention.
The patent landscape is often characterized by:
- Overlapping claims from multiple inventors.
- Patent thickets complicating patent clearance and freedom-to-operate analyses.
3. Legal and Policy Environment
China’s patent laws have evolved to encompass pharmaceutical innovations, including the introduction of patent linkage, extension, and supplementary protection mechanisms. Enforcement of patent rights has improved, yet challenges persist regarding:
- Patent validity challenges.
- Patent thickets and patent "flooding."
- Patent term adjustments and patent term extensions.
Strategic Implications for Patent Holders
- Claim Drafting: Precise, well-structured claims remain essential. Patent applicants should craft claims that balance breadth with novelty and inventive step.
- Patent Portfolio Management: Focusing on building patent families around core compounds and formulations enables defensive and offensive IP strategies.
- Critical Study of Prior Art: Thorough analysis of existing Chinese patents and international applications influences claim scope and reduces invalidation risks.
- Monitoring Patent Breach: Active patent monitoring helps identify potential infringement and facilitates enforcement actions within China's intricate legal system.
Conclusion
Patent CN100402502 exemplifies a strategic protective measure covering a novel pharmaceutical compound or method. Its scope hinges on its independent claims, carefully balanced for breadth and validity. The patent landscape within China favors robust patent strategies, emphasizing detailed claim drafting and comprehensive portfolio management to safeguard innovation and market share.
Understanding this patent's scope provides stakeholders with vital insights into patent infringement risks, licensing opportunities, and R&D direction within China's dynamic pharmaceutical IP arena.
Key Takeaways
- The patent's core strength lies in carefully crafted independent claims covering a novel compound or method.
- A balanced claim strategy, incorporating narrow dependent claims, enhances defensibility.
- The Chinese pharmaceutical patent landscape is competitive, with vigorous filings and enforcement activity.
- Monitoring related patent families and prior art is vital for maintaining a competitive edge.
- Strategic patent portfolio management supports commercialization and legal defenses within China.
FAQs
Q1: How can I determine the strength of CN100402502’s patent claims?
A1: Assess claim breadth relative to prior art, examine claim specificity, and evaluate whether the claims cover fundamental innovations or incremental modifications.
Q2: What are common pitfalls in patent claims within Chinese pharmaceuticals?
A2: Overly broad claims, lack of novelty, inadequate disclosure, and claims that do not distinguish sufficiently from prior art are typical challenges.
Q3: How does the Chinese patent law impact pharmaceutical patent strategies?
A3: It emphasizes inventive step, novelty, and adequate disclosure. Patent applicants must carefully craft claims to maximize scope while maintaining validity.
Q4: Can this patent be challenged or invalidated in China?
A4: Yes, via administrative invalidation procedures or court litigation if prior art or legal standards prove the patent lacked novelty or inventive step during prosecution or enforcement.
Q5: How does patent CN100402502 compare with international patents covering similar inventions?
A5: While protection scope varies based on jurisdiction-specific claims, filings covering similar compounds can be strategically coordinated across jurisdictions through PCT or direct filings to secure comprehensive coverage.
References
[1] China National Patent Office, CN100402502 patent document.
[2] Chinese Patent Law, 2009 Amendment.
[3] WIPO Patent Database.
[4] National Intellectual Property Administration, China.
