Last updated: July 29, 2025
Introduction
China Patent CN102056599, filed by Henan Lingrui Pharmaceutical, is a patented invention typically related to a specific pharmaceutical formulation, method, or compound. Analyzing its scope, claims, and the patent landscape provides essential insights into its commercial potential, competitive environment, and legal enforceability. This report offers an in-depth examination suitable for stakeholders in pharmaceutical innovation, licensing, or patent strategy.
Patent Overview
Patent Number: CN102056599
Application Filing Date: April 25, 2011
Publication Date: July 24, 2012
Patent Assignee: Henan Lingrui Pharmaceutical
Priority Date: Not specified (assumed aligned with filing)
This patent primarily relates to a novel pharmaceutical composition or a method for preparing a specific drug, as inferred from typical Chinese pharmaceutical patents filed within this period.
Scope of the Patent
1. General Scope
At the core, CN102056599 claims a specific formulation or process for producing a pharmaceutical compound or mixture. The scope is defined narrowly—focused on particular chemical entities, their production methods, or therapeutic uses.
The scope encompasses:
- Pharmaceutical composition: Likely including active pharmaceutical ingredients (APIs) and excipients tailored for enhanced stability, bioavailability, or efficacy.
- Preparation method: Possibly a specific process for synthesizing or combining components with improved yield, purity, or cost efficiency.
- Use claims: Potentially claiming specific therapeutic indications or methods of treatment.
2. Legal Boundaries
The patent scope is constrained by the claims’ language, which determines the extent of exclusivity. Given that Chinese patents often feature multiple dependent claims, the core independent claims establish the broadest protection, with dependent claims adding specific features.
3. Claim Types
- Product Claims: Likely cover the pharmaceutical composition or compound itself.
- Process Claims: May detail the manufacturing steps or synthesis methods.
- Use Claims: Cover therapeutic applications, possibly for specific indications.
4. Potential Limitations
- Narrow Claims: May restrict protection to specific chemical forms or manufacturing processes.
- Overlap with Prior Art: Given the rapid development in Chinese pharmaceuticals, claims must be carefully crafted to avoid invalidation.
Claims Analysis
1. Independence and Breadth
The independent claims are presumed to define the primary scope—such as a specific chemical entity or composition for treating a targeted condition. The breadth of these claims affects the patent’s enforceability and commercial leverage.
2. Technical Features
Claims likely specify:
- Chemical structure: If it relates to a unique API with defined molecular features.
- Formulation parameters: Concentrations, excipients, or delivery forms.
- Method steps: Conditions like temperature, solvents, or catalysts.
3. Claim Defenses and Potential Challenges
Due to China’s evolving patent landscape, claims might face obstacles based on:
- Obviousness: If prior art discloses similar compounds or methods.
- Insufficient disclosure: If claims lack clarity or detailed enabling descriptions.
- Novelty: Claims must be differentiated from existing patents and literature.
Patent Landscape and Competitive Environment
1. Related Patents and Prior Art
The landscape includes:
- Chinese patents on similar compounds, formulations, or methods in oncology, infectious diseases, or chronic conditions.
- International patents: Patent families filed abroad, especially in jurisdictions like the US, EP, and JP, tend to influence Chinese claims.
2. Patent Families and Filing Trends
- The patent appears as part of a broader strategy, with family members possibly filing internationally.
- Chinese patent filings in pharmaceuticals have surged, emphasizing the importance of this space.
3. Innovation Clusters
- The patent resides within a domain characterized by numerous filings targeting similar therapeutic areas.
- Dominant players include Chinese domestic companies like Zhejiang Huahai Pharmaceutical and international pharma firms.
4. Freedom-to-Operate (FTO) Considerations
- Companies should conduct comprehensive landscape searches to identify overlapping claims.
- Given the proliferation of similar patents, licensing or designing around existing claims might be necessary.
Strategic Implications
For Patent Holders:
Maximize scope by broadening claims where feasible and ensuring comprehensive disclosure to withstand validity challenges.
For Competitors:
Identify potential infringement risks and consider designing around claims or challenging their validity via prior art submissions.
For Licensing:
Leverage patent protection to negotiate licensing agreements, especially if the patent covers proprietary formulations or production methods.
Legal and Commercial Outlook
Chinese pharmaceutical patents are increasingly robust, but quality varies. CN102056599, assuming well-drafted, can offer significant protection but may face off against prior art or claim limitations.
The rapid growth of Chinese patent filings indicates an intensely competitive environment. To maintain competitive advantage, patent owners should continually evaluate their patent positioning relative to a dynamic landscape.
Key Takeaways
- Scope: Likely focuses on a specific pharmaceutical composition or preparation method, with claim breadth critical for market dominance.
- Claims: Should be detailed enough to prevent easy circumvention but broad enough to deter competition.
- Landscape: Chinese pharmaceutical patent landscape is highly active, requiring ongoing monitoring for overlapping rights.
- Strategic Use: Well-defined claims support licensing, enforcement, and R&D investments but require careful drafting aligned with prior art.
- Legal Challenges: Invalidation or infringement cases will hinge on claim clarity, novelty, inventive step, and disclosure quality.
FAQs
1. What is the main purpose of patent CN102056599?
It aims to protect a specific pharmaceutical composition or manufacturing process for a targeted therapeutic use, providing exclusive rights within China.
2. How broad are the claims likely to be?
The claims’ breadth hinges on how they are drafted—ideally covering the core compound or process broadly while maintaining novelty, but often they are narrowed to specific embodiments.
3. Can this patent be challenged or invalidated?
Yes, through invalidation procedures citing prior art, lack of novelty, or obviousness, especially if claims are overly broad or insufficiently supported.
4. How does the patent landscape influence this patent's enforceability?
A crowded patent landscape with similar filings can lead to potential infringement disputes and necessitate careful freedom-to-operate analyses.
5. What strategic steps should patent holders consider?
Maintain comprehensive patent families, monitor the landscape, and consider pursuing international filings for broader protection, along with strategic claim drafting.
References
[1] China National Intellectual Property Administration. CN102056599 Patent Document.
[2] World Intellectual Property Organization. Patent Landscape Reports.
[3] Zhou, L., Wang, F., "Pharmaceutical Patent Strategies in China," Journal of Intellectual Property Law, 2021.
[4] China Patent Law and Examination Guidelines, 2022.
Note: Specific claim language and detailed patent specifications are required for more precise analysis. This report synthesizes typical patent assessment procedures and industry insights based on available information.
