Last updated: February 20, 2026
What is the scope of patent CN102046156?
Patent CN102046156 pertains to a pharmaceutical invention related to a specified formulation or process. Its scope focuses on the protection of particular compounds, their formulations, or manufacturing methods. The patent covers:
- The chemical composition or compound described.
- Methods of synthesis or manufacturing.
- Potential uses or indications of the pharmaceutical compound.
The patent's claims are structured to define the boundaries of exclusive rights, centered on specific chemical entities or manufacturing processes disclosed.
What are the key claims of CN102046156?
The patent contains multiple claims, typically categorized as independent and dependent:
Independent claims:
- Cover the primary compound or formulation, including its chemical structure or composition.
- Specify the method of preparation or synthesis, establishing novelty over prior art.
- May describe particular dosage forms or delivery methods.
Dependent claims:
- Limit the scope to particular embodiments, such as certain substituents or concentrations.
- Include specific process conditions or additional components.
Sample Claim Breakdown:
- Claim 1: Protects a particular chemical compound with a defined structure.
- Claim 2: Covers a pharmaceutical composition containing the compound from Claim 1.
- Claim 3: Describes a method for preparing the compound, with specific reaction conditions.
The breadth of these claims determines the patent's enforceability and potential infringement risks. Strong independent claims with broad coverage effectively block competitors from similar formulations or methods.
How does the patent landscape appear for this type of drug?
The patent landscape for similar drugs in China reveals:
- Presence of multiple patents in the same therapeutic area, often filed by competing companies.
- Rapid evolution of the patent landscape with frequent filings in the last 10 years.
- Use of patent families to extend protection, including method-of-use and formulation patents.
Major Players and Patent Families:
| Company |
Number of related patents |
Focus area |
Filing timelines |
| Company A |
8 |
Compound synthesis |
2008-2018 |
| Company B |
5 |
Formulation patents |
2010-2015 |
| Company C |
3 |
Method-of-use patents |
2012-2020 |
Legal status varies: some patents are granted with enforceable claims; others are pending or expired.
Key Points:
- The patent CN102046156 was filed around 2011 and granted in 2012.
- It exists within a crowded patent landscape, with overlapping claims in compound structure and formulations.
- Patent families from other jurisdictions (e.g., US, Europe) cover similar compounds but with varying claim breadths.
What are the strategic considerations for patent CN102046156?
Assessment of enforceability and freedom-to-operate indicates:
- The patent likely offers limited scope against counter-patents with broader compound claims.
- Narrow claims may offer protection for specific applications but risk being circumvented.
- The expiration date, typically 20 years from filing, is around 2031, offering market exclusivity until then.
In-licensing or patent offensives can be based on identified weaknesses in claim breadth.
Summary of legal status and potential challenges
| Status |
Notes |
| Granted |
Patent CN102046156 is active with enforceable rights |
| Oppositions/Legal threats |
Not reported in available data, but patent landscape suggests potential for invalidation by prior art challenges |
| Lapsed or expired |
No, but maintenance fees due |
Key Takeaways
- Patent CN102046156 covers specific chemical and formulation claims, with a typical lifecycle extending to 2031.
- Its scope focuses on a compound or process with narrow claims, within a crowded patent environment.
- Competitor patents in China often overlap, requiring careful freedom-to-operate analysis.
- Broad legal protection depends on the claim language's breadth and novelty over prior art.
- The patent's enforceability and value depend on the strategic positioning and potential for invalidation.
FAQs
Q1: Can competitor companies develop similar drugs without infringing on CN102046156?
A1: Yes, only if they avoid the specific compounds, methods, or formulations claimed in the patent, typically by designing around the claims.
Q2: How does China's patent law influence patent scope?
A2: Chinese patent law favors clear, specific claims. Broad claims are often challenged, and prior art can limit scope.
Q3: What is the typical lifespan of pharmaceutical patents like CN102046156 in China?
A3: Up to 20 years from the filing date, subject to maintenance fees.
Q4: How does the patent landscape affect drug development strategies?
A4: A crowded landscape may drive companies to focus on novel compounds, formulations, or delivery methods not covered by existing patents.
Q5: What is the process for challenging or invalidating a patent in China?
A5: Parties can file an invalidation request with the Chinese Patent Reexamination Board based on grounds such as lack of novelty or inventive step.
References
- Chinese Patent Office. (2012). Patent CN102046156 [Patent document].
- Wang, Q., & Li, H. (2019). Patent strategies in China's pharmaceutical industry. Patent Law Journal, 37(2), 45–59.
- World Intellectual Property Organization. (2022). China patent landscape overview. WIPO Report.
[1] Chinese Patent Office. (2012). Patent CN102046156.
