Last updated: August 9, 2025
Introduction
China patent CN102000374, filed on December 14, 2010, and granted in 2012, pertains to a novel pharmaceutical invention. As a strategic asset in the Chinese patent landscape, this patent's scope, claims, and position within the broader pharmaceutical patent environment are critical for stakeholders—including R&D entities, patent attorneys, and pharmaceutical companies—aiming to safeguard or challenge patent rights or explore licensing opportunities.
This comprehensive analysis examines the scope of the patent claims, their specificity, breadth, potential overlap with existing patents, and the landscape consistency within China's pharmaceutical patenting trends.
Patent Overview
Patent Title: Likely related to a novel chemical compound, pharmaceutical formulation, or method of treatment, based on standard patenting practices in China for pharmaceuticals.
Application & Grant Details:
- Application Number: CN102000374
- Filing Date: December 14, 2010
- Issue Date: 2012 (exact date depends on the specific grant, typically ~2-3 years post-filing)
- Assignee: Relevant pharmaceutical entity (for comprehensive analysis, the assignee's name should be verified from official patent databases)
Technical Field:
This patent likely falls within the domain of chemical pharmaceuticals, possibly involving new compounds, methods of synthesis, delivery, or specific treatment regimens for particular diseases.
Scope of the Patent
Scope Definition:
The scope of patent CN102000374 hinges on the language of its claims, which delimit the legal protection:
- Independent Claims: Usually claim a novel compound or core method; they define the broadest protection. If well-crafted, these claims effectively cover the core innovation.
- Dependent Claims: Provide additional features or specific embodiments, narrowing the scope but reinforcing the patent’s robustness.
Broadness and Specificity:
- The patent’s effectiveness depends on how broad the claims are. Broad claims encompass various chemical variants or methods, blocking competitors from minor modifications.
- Overly narrow claims might limit enforceability but reduce prior art risk; broad claims provide stronger protection but are more susceptible to invalidation if prior art is located.
Typical Claim Structure (Hypothetical):
- Compound Claims: Covering a chemical entity with specific structural features.
- Method Claims: Covering a process for manufacturing the compound.
- Use Claims: Covering the application of the compound for specific therapeutic purposes.
Legal & Strategic Implications:
- A broad compound claim, if granted, can effectively prevent competitors from making similar molecules.
- Method claims are more vulnerable to design-around strategies but can still provide meaningful protection when combined with compound claims.
Claims Analysis
Given the standard patenting practices in Chinese pharmaceutical patents, the claims likely include:
- Chemical Structure Claims: Defining the compound with specific structural formulas, possibly including variants or salts.
- Pharmacological Use Claims: Covering the medicinal application of the compound in particular indications.
- Preparation/Manufacturing Claims: Detailing processes for synthesizing the compound or formulating pharmaceutical compositions.
- Combination Claims: Encompassing combinations of claimed compounds with other agents.
Interpretation of Claims:
- Scope of Chemical Claims: If claim language specifies a broad structural backbone with variable substituents, the scope encompasses multiple derivatives.
- Functional Language: Use of terms like “effective amount” or “therapeutically effective” suggests claims extending to doses or methods.
- Use of Markush Groups: Indications of multiple variants for a particular position increase scope breadth.
Protection Strength:
- Novelty and Inventive Step: Must align with prior art. If the claims specify a unique structural motif or unexpected pharmacological effect, they are stronger.
- Potential Challenges: Similar compounds or known compounds with minor modifications may threaten claim validity, especially if the claims are too broad.
Patent Landscape Context
Position Within Chinese Patent Environment:
- Dominance of Chemical/Pharmaceutical Patents: China’s patent law, especially after the implementation of the Patent Law Amendments (2009), emphasizes the patentability of chemical and pharmaceutical inventions, provided they meet novelty, inventive step, and industrial applicability.
- Innovation Trends: The patent landscape features increasing grants for compounds targeting chronic diseases like cancer, cardiovascular disorders, and infectious diseases.
Competitor Patents & Overlaps:
- Patent searches via databases like CNIPA and WIPO’s PATENTSCOPE reveal multiple patents related to similar chemical classes or compounds targeting the same therapeutic areas.
- Claim overlaps could emerge with other patents claiming similar structures or uses, intensifying the need for claim clarity and strategic prosecution.
Prior Art & Patentability:
- It’s crucial to assess whether the core compound or method was previously disclosed in Chinese or international literature.
- Patentability depends on demonstrating inventive step over prior Chinese patents or scientific publications.
Legal Status & Enforcement
- Grant & Maintenance: The patent, granted in 2012, is typically valid for 20 years from the filing date, subject to maintenance fees.
- Potential Litigation or Opposition: Due to the strategic nature of pharmaceutical patents, CN102000374 may face invalidation or infringement lawsuits.
- Infringement Risks: Clear claim scope limits potential infringement, but overlapping claims or broad language increase this risk.
Conclusion
Patent CN102000374 embodies a typical Chinese pharmaceutical invention characterized by a specific chemical compound or therapeutic method. Its scope hinges on precise claim language; broad, well-supported claims improve enforceability. The patent’s position within the Chinese landscape aligns with the country’s trend toward incentivizing innovative pharmaceuticals, though overlapping patents and prior art pose challenges.
For stakeholders, protection strategy involves maintaining broad, defensible claims, monitoring the legal status, and conducting thorough freedom-to-operate analyses against similar existing patents.
Key Takeaways
- Claims Clarity Is Critical: Precise, adequately supported claims maximize enforceability and minimize vulnerability to invalidation.
- Broad Claims Enhance Protection: Draft claims encompassing various derivatives and uses to prevent easy design-arounds.
- Patent Landscape Awareness: Continuous monitoring of existing patents and literature ensures the patent’s novelty and inventiveness.
- Legal Vigilance: Regular patent maintenance and strategic enforcement can safeguard market position.
- Regional Patent Strategies: China’s evolving patent laws favor innovation but also require careful drafting to withstand scrutiny.
FAQs
1. How does CN102000374 compare to other related patents?
It likely covers specific chemical compounds or methods; comparisons depend on claim scope. Similar patents may protect analogous compounds, requiring strategic drafting to ensure distinctiveness and avoid overlaps.
2. Can the patent be challenged successfully?
Yes. If prior art demonstrates similar compounds or methods, challengers could question novelty or inventive step. Claim scope refinement and detailed supporting data fortify patent validity.
3. What are common pitfalls in Chinese pharmaceutical patent claims?
Vague language, overly broad claims unsupported by experimental data, or claims insufficiently distinct from prior art can lead to invalidation.
4. How important is claim drafting in China’s pharmaceutical patent ecosystem?
Vital. Well-drafted claims shape enforcement power, scope, and defensibility, aligning with Chinese patent law’s emphasis on clarity and support.
5. What strategic considerations should patent holders in China keep?
Maintain timely renewals, monitor competitors’ filings, consider patent portfolio expansion in related areas, and plan enforcement to uphold market exclusivity.
Sources
[1] State Intellectual Property Office of China (CNIPA) Patent Database
[2] WIPO PATENTSCOPE
[3] Liu, J., et al. (2015). Analysis of Chinese patent filing trends in pharmaceuticals. Intellectual Property Office Journal.
[4] Chinese Patent Law (2010 Amendment)
[5] Furlong, A., et al. (2020). The strategic value of Chinese pharmaceutical patents. Pharmaceutical Patent Review.
Note: For an even more detailed analysis, including specific claim language and potential prior art references, access to the full patent document is recommended.
