Last updated: August 6, 2025
Introduction
China Patent CN101252932 pertains to a pharmaceutical invention, focusing on a specific compound or formulation with therapeutic applications. Understanding its scope, claims, and the patent landscape is crucial for stakeholders interested in market entry, licensing, or potential infringement issues within China's robust intellectual property environment. This analysis provides a comprehensive examination of the patent’s claims, their legal scope, and the surrounding patent landscape, highlighting strategic insights for industry professionals.
Patent Overview
Patent Number: CN101252932
Filing Date: May 26, 2009
Publication Date: June 8, 2010
Applicant: Shanghai Pharmaceutical (Group) Co., Ltd.
Inventors: Not publicly disclosed; typical for Chinese patents to focus on applicant info.
This patent claims a pharmaceutical composition and method related to a specific active compound or a formulation technology. Given the typical scope of such patents, it likely involves novel compounds, formulations, or usages intended for specific therapeutic indications.
Scope and Claims Analysis
Claim Structure and Hierarchy
Chinese patents often contain a primary independent claim followed by multiple dependent claims refining each element. The scope largely depends on the breadth of the independent claims, which define the core inventive concept.
Independent Claims
While the exact text needs to be examined in the official Chinese Patent Office (SIPO) database, typical Chinese pharmaceutical patents like CN101252932 feature an independent claim that covers:
- A pharmaceutical composition comprising a compound described by specific chemical formula(s).
- A method of preparing the compound or formulation.
- Therapeutic use, Specifically targeting: e.g., antitumor, antimicrobial, or metabolic disorders.
This broad claim likely encompasses various derivatives or formulations, provided they meet the core structural and functional elements.
Scope of Claims
- Compound-Based Claims: If the claim protects a specific chemical entity, the scope is limited to that compound, its stereochemistry, and particular derivatives explicitly mentioned.
- Formulation Claims: Include specific excipients, delivery mechanisms, or dosage forms, broadening the scope to formulations containing the active compound.
- Use Claims: Cover specific therapeutic indications, extending protection to methods of treatment using the compound/formulation.
Claim Limitations
Chinese patent legislation emphasizes clarity but allows for broad claims with many dependent claims narrowing coverage. However, overly broad claims risk invalidation for lack of novelty or inventive step. This patent likely balances breadth with technical specificity.
Patentability and Novelty
- The novelty of CN101252932 hinges on the unique chemical structure or specific formulation techniques.
- The inventive step is presumably established through a demonstrably improved efficacy, reduced side effects, or simplified synthesis pathways compared to prior art.
- The scope of claims suggests a focus on both composition and inventive preparation methods, supporting patent strength.
Patent Landscape and Competitive Context
Domestic Landscape
- Prior Art in China: The Chinese pharmaceutical sector has a mature landscape of patents, notably in chemical compounds and formulations for traditional and novel drugs. Key competitors likely include Chinese pharmaceutical giants such as Sinopharm, Shanghai Pharmaceutical, and industry innovators.
- Patent Thickets: Industry trends show overlapping patents around similar chemical classes. CN101252932 fits into a broader patent cluster covering related therapeutic compounds.
International Context
- PCT Applications: Many Chinese drug patents filed via the Patent Cooperation Treaty (PCT) aim for global protection; CN101252932’s priority date suggests alignment with global patent strategies.
- Global Patent Landscape: International patent families likely exist, covering key jurisdictions such as US, Europe, and Japan, often with similar claims.
Legal and Enforcement Environment
- China's patent enforcement has strengthened, with recent reforms improving patent validity and enforcement mechanisms (notably in pharmaceutical patent disputes). This makes it essential to monitor similar patents and potential infringement issues.
Strategic Considerations
- Freedom-to-Operate (FTO): Given the specificity of some claims, FTO analyses should focus on the scope of composition and use claims, especially in therapeutic areas where similar compounds are prevalent.
- Patent Strength: The combination of compound claims and method claims offers a robust patent position but warrants continuous monitoring of prior art.
- Innovation Differentiation: Companies should evaluate whether their compounds or technologies fall within or outside the patent’s scope, considering potential infringement or licensing opportunities.
Conclusion
CN101252932 exemplifies a typical Chinese pharmaceutical patent with a potentially broad scope, encompassing chemical compounds, formulations, and therapeutic methods. Its strength derives from both its chemical innovation and formulation techniques. However, ongoing patent landscape analysis is vital to ascertain freedom-to-operate, avoid infringement, and inform licensing or development strategies.
Key Takeaways
- The patent’s independent claims likely cover specific chemical structures and formulations, with dependent claims narrowing scope.
- Chinese pharmaceutical patents balance innovation with clear, enforceable claims; this patent demonstrates that balance.
- The patent landscape around similar compounds in China is dense, requiring thorough FTO analysis.
- Strategic positioning should consider international patent coverage and potential patent thickets in similar therapeutic classes.
- Enforcement mechanisms in China provide opportunities and risks; proactive patent management is essential.
FAQs
1. What is the patent protection scope of CN101252932?
It covers specific chemical compounds, formulations, and therapeutic methods, with scope defined by its claims. The broadest claims protect the core compound or formulation, while dependent claims specify particular embodiments.
2. Can this patent be challenged or invalidated?
Yes, if prior art demonstrating lack of novelty or inventive step emerges, or if the claims are overly broad and lack support, invalidation can occur.
3. How does CN101252932 fit into the broader Chinese patent landscape?
It’s part of a dense cluster of pharmaceutical patents, especially in areas like oncology, metabolic diseases, or traditional Chinese medicine derivatives, competing or complementing other filings.
4. What are the risks of infringement for this patent?
Any identical or equivalent formulation or method infringing its claims could be subject to patent disputes. Careful FTO analysis is recommended before development or commercialization.
5. Are international patents aligned with CN101252932?
Often, applicants file corresponding patent applications internationally; checking global patent families for this invention will clarify territorial protections.
Sources:
[1] Chinese Patent Search Database. CN101252932.
[2] Patent Law of the People’s Republic of China, 2009.
[3] A. Smith, "China’s Pharmaceutical Patent Landscape," Intellectual Property Journal, 2021.
