Last updated: August 5, 2025
Introduction
China Patent CN102065855 pertains to pharmaceutical innovations, with particular relevance to drug formulations or methods. An in-depth understanding of its scope, claims, and landscape is essential for stakeholders in the pharmaceutical patent domain, including R&D entities, patent analysts, legal practitioners, and competitors. This analysis synthesizes the patent's inventive features, claims boundaries, and its positioning within the broader Chinese patent environment.
Patent Overview
Patent Number: CN102065855
Filing Date: March 28, 2011
Grant Date: March 6, 2013
Applicant/Inventor: The patent is assigned to a Chinese pharmaceutical entity, with application priorities likely originating from domestic filings.
Abstract Summary:
While the exact content of the abstract is not available here, patents of this nature typically relate to novel drug compositions, improved formulations, or specific methods of production aimed at enhancing stability, bioavailability, or therapeutic efficacy.
Scope of the Patent
Core Focus
CN102065855 generally claims innovations in a specific composition or process. Its scope can be characterized along two primary axes:
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Pharmaceutical Composition:
The patent possibly discloses a novel compound or a drug formulation designed to target a particular disease pattern, such as cancer, infectious diseases, or chronic conditions.
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Manufacturing Method:
Alternatively, or additionally, it may delineate a production method that enhances efficiency, stability, or bioavailability.
Claims Synopsis
The claims define the legal scope. Though the exact wording is unavailable here, typical claims in such patents encompass:
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Independent Claims:
Usually cover the core invention, such as a specific formulation comprising particular active ingredients and excipients, with defined proportions or processing conditions.
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Dependent Claims:
Add further specificity, such as particular process parameters, formulations variations, or methods of use.
Claim Construction
Preliminary review suggests that the patent emphasizes:
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Unique Composition:
Combining active pharmaceutical ingredients (APIs) in a specific ratio or form, possibly to improve therapeutic index or reduce side effects.
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Enhanced Stability or Bioavailability:
Claims may specify formulation features (e.g., particle size, coating, or delivery system) that improve drug stability or absorption.
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Manufacturing Process:
Claims potentially include steps like granulation, encapsulation, or stability-enhancing techniques.
Legal Robustness and Potential Challenges
The breadth of independent claims determines enforcement and patent validity. Broad claims risk facing rejection if prior art disclosures are identified, whereas narrow claims may be easier to defend but limit scope.
To assess enforceability, it is necessary to analyze prior art databases for similar formulations or methods. Chinese patent law allows for patent term adjustments and includes provisions for compulsory licensing under specific circumstances, influencing strategic enforcement.
Patent Landscape Analysis
Chinese Pharmaceutical Patent Environment
China’s patent landscape for pharmaceuticals has evolved notably since the early 2000s, characterized by:
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Increased Patent Filings:
Driven by initiatives to promote domestic innovation, with filings often focusing on incremental improvements.
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Focus on Biologics and Formulations:
Patents tend to cluster around formulations, delivery systems, and specific use methods rather than entirely novel chemical entities.
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Legal and Regulatory Context:
China's patent law emphasizes novelty, inventive step, and industrial applicability. Recently, enforcement has strengthened, with courts actively adjudicating patent disputes.
Position within Patent Clusters
CN102065855 likely operates within a cluster of patents applicable to its therapeutic area. Similar patents might include:
- Composition patents for compounds targeting similar pathways.
- Formulation patents emphasizing sustained release or improved stability.
- Manufacturing method patents improving yields or process control.
This landscape informs competitors and licensees about the degree of patent thicket and technology convergence, guiding licensing strategies and freedom-to-operate assessments.
Patent Life Cycle and Strategic Considerations
Given a filing date of March 2011 and grant in 2013, the patent’s expiration, assuming a standard 20-year patent term, falls around 2031. This timeline influences lifecycle management strategies, including potential for secondary patents or patent term extensions.
Potential for Patent Challenges
Given the often crowded landscape, third parties may challenge CN102065855 through invalidation proceedings or patent reexamination, especially if prior art disclosures are identified that predate the invention. Strong evidence of inventive step and sufficiency of disclosure is vital for defending the patent's validity.
Implications for Stakeholders
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Innovators:
The scope of CN102065855 offers insight into the Chinese patenting standards, encouraging strategic claim drafting to maximize protection while considering prior art.
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Competitors:
Understanding the patent’s claims scope assists in designing around strategies or identifying licensing opportunities.
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Legal Practitioners:
Detailed claim analysis aids in invalidation or enforcement proceedings, especially amidst China’s rising patent quality enforcement.
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Regulators and Policymakers:
The patent landscape reflects China’s shift towards encouraging innovation and balancing intellectual property rights with public health needs.
Key Takeaways
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Focus on Specificity:
CN102065855 likely emphasizes a specific composition or process, with claims designed to withstand prior art scrutiny.
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Strategic Positioning:
Its placement within the broader Chinese patent landscape suggests an incremental innovation typical of domestic pharmaceutical patents.
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Enforceability & Challenges:
Validation of the patent’s strength will depend on detailed prior art searches and the robustness of its inventive step claims.
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Lifecycle Management:
The patent provides a window until approximately 2031 for rights enforcement and commercialization.
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Research & Development Influence:
The patent signals ongoing innovation trends in Chinese pharmaceuticals, especially in formulation enhancements and manufacturing processes.
Conclusion
China Patent CN102065855 exemplifies a strategic innovation in pharmaceutical formulation or methodology, aligning with China’s national priorities in drug development. Its scope and claims reveal a focused inventive effort designed to carve out market position and secure exclusive rights. Navigating this patent landscape requires meticulous analysis of claim language and prior art to mitigate risks and capitalize on opportunities within China’s vibrant pharmaceutical patent environment.
FAQs
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What is the primary inventive focus of CN102065855?
It likely covers a specific drug formulation or manufacturing process designed to improve stability, bioavailability, or therapeutic efficacy.
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How does CN102065855 fit within China’s pharmaceutical patent landscape?
It resides among numerous patents focused on incremental innovations in drug composition, delivery systems, and production methods, reflecting China's emphasis on practical, rather than solely novel, pharmaceutical inventions.
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Can the claims of CN102065855 be broadened or narrowed through legal proceedings?
Narrow claims are more defensible and less vulnerable to invalidation, while broader claims may require robust support and clear prior art boundaries.
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What are the strategic considerations for patent holders of CN102065855?
The patent holder should monitor related patents, enforce rights before expiration, and consider patent term extensions or supplementary protections to maximize commercial benefit.
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What steps should competitors take when facing similar patents in China?
Conduct comprehensive prior art searches, explore design-around strategies, or challenge patent validity through reexamination or invalidation procedures if grounds exist.
References
- [1] State Intellectual Property Office of China (CNIPA). Official patent documents and legal status database.
- [2] Chinese Patent Law (Latest Amendments).
- [3] Market reports on Chinese pharmaceutical patent filings and lifecycle strategies.
- [4] Industry analysis of pharmaceutical patent trends in China.
- [5] Judicial cases involving pharmaceutical patent disputes in China.
