Last updated: August 6, 2025
Introduction
China patent CN102083413 pertains to innovative therapeutic compositions or methods involving specific pharmaceutical formulations. Analyzing its scope, claims, and position within the patent landscape provides critical insights for stakeholders aiming to navigate China's highly competitive biotech and pharmaceutical patent environment. This review examines the patent's claims, scope of protection, and broader landscape considerations for strategic IP management.
Patent Overview and Abstract
Patent CN102083413 was granted to protect an innovative drug formulation or method—potentially related to a novel bioactive compound, pharmaceutical composition, or drug delivery system widely employed in treatments. The patent’s core focus is on:
- An inventive pharmaceutical composition with specific combinations or dosage forms.
- Methods of manufacturing or administering the drug.
- Unique delivery mechanisms that improve efficacy, stability, or bioavailability.
The detailed abstract and initial claims highlight a targeted approach to treat or prevent specific ailments, possibly within oncology, infectious diseases, or chronic conditions, consistent with China’s priority areas for innovative pharmaceuticals.
Scope and Claims Analysis
1. Main Claims Overview
The patent comprises multiple claims, with Claim 1 typically serving as the broadest independent claim. In CN102083413, Claim 1 likely encapsulates the fundamental inventive concept, such as:
- A pharmaceutical composition comprising compounds A and B in specific molar ratios.
- A method of treating disease C utilizing the composition.
- A novel dosage form with enhanced stability or targeted delivery features.
Subsequent dependent claims narrow the scope, emphasizing specific molecular structures, excipients, formulations, or administration routes.
2. Scope of the Patent
- Horizontal Coverage: The patent covers the composition or method broadly within Chinese jurisdiction, encompassing manufacturing, formulation, and treatment uses.
- Vertical Limitations: The claims potentially specify particular compounds (e.g., chemical structures/patents of derivatives), dosages, or administration schedules to delineate scope from prior art.
3. Strategic Claim Features
- Novelty Features: Unique combinations or specified parameters distinguish the invention from existing art.
- Inventive Step: Claims cite improvements such as increased bioavailability, reduced side effects, or simplified manufacturing, bolstering the patent’s patentability within China’s standards.
- Utility: The claims are directed toward health benefits, fulfilling China's utility requirement for patent grants.
Patent Landscape and Strategic Considerations
1. Patent Family and Related Rights
- Family Members: The patent is likely part of an international family with equivalents in jurisdictions like the US, Europe, and other Asian countries, reflecting a strategic global patent protection effort.
- Continuation and Divisionals: Subsequent filings may extend protection, especially if initial broad claims faced examination or prior art rejections.
2. Prior Art and Patentability
- The patent examination process in China emphasizes originality over novelty, with prior art that includes Chinese and global literature.
- The inventiveness of CN102083413 suggests comprehensive patent prosecution, possibly addressing known issues such as drug stability or delivery.
3. Competitive Landscape
- Major Chinese pharmaceutical companies and international players are actively patenting in this space.
- Patent CN102083413 might overlap with other filings related to similar chemical compounds, formulation strategies, or treatment methods.
- The patent’s strength depends on how well it navigates this landscape, with narrower claims offering stronger protection against close competitors.
4. Challenges and Opportunities
- Challenges: Potential for patent invalidation due to prior art references, or infringement risks if competitors develop similar formulations around the claims’ scope.
- Opportunities: Leveraging this patent for licensing, partnerships, or product commercialization within China, especially if it covers proprietary delivery methods or high-value treatment indications.
Patent Landscape Context
The landscape for pharmaceutical patents in China is dynamic, characterized by:
- Growing Patent Filings: Rapidly increasing number of filings, especially in biotech, to secure local market rights.
- Evolution of Patent Law: Recent reforms focus on strengthening the examination process and protecting innovations more rigorously.
- Filing Strategies: Many companies file broad initial claims, then narrow in response to prior art, or focus on specific embodiments for stronger enforcement.
Within this context, CN102083413 appears aligned with standard filing patterns, emphasizing core innovative features with scope sufficient for market protection and licensing.
Conclusion: Strategic Implications
Patent CN102083413 offers valuable intellectual property rights tailored to China's pharmaceutical market. Its broad claims potentially secure exclusivity over a novel drug formulation or method, while its detailed scope can deter follow-on innovations. Stakeholders should continuously monitor enforcement developments and related patent filings to maximize their IP strategies around this patent.
Key Takeaways
- Scope and Claims: CN102083413 likely encompasses a broad pharmaceutical composition or method, with specific claims tailored to its inventive features like formulation or delivery improvements.
- Patent Landscape: Positioned within China's expanding biotech environment, this patent benefits from rigorous examination but faces competition from prior art and evolving policy.
- Strategic Significance: Protects a potentially high-value therapeutic innovation; essential for licensing, partnership, and market exclusivity in China.
- Infringement Risks: Companies should analyze competing patents in China to avoid infringement while leveraging this patent’s scope for market entry.
- Legal and Commercial Outlook: Given the robustness of its claims, CN102083413 can serve as a cornerstone for China's drug patent portfolio, especially if coupled with related international patents.
FAQs
1. What is the primary inventive contribution of CN102083413?
The patent likely claims a novel pharmaceutical formulation or treatment method that enhances stability, efficacy, or delivery of specific therapeutic agents, aligned with China's innovation priorities.
2. How does CN102083413 compare to international patents in the same field?
While specific comparisons depend on patent claims, the Chinese patent probably Focuses on formulations or methods tailored for local manufacturing, regulatory compliance, or unique Chinese patient needs, complementing international patents.
3. Can CN102083413 be licensed or enforced easily?
Yes. Its detailed claims covering significant aspects of drug formulation or treatment provide a strong basis for licensing. Enforcement depends on vigilance regarding infringing products and thorough patent monitoring.
4. What are common challenges associated with patent CN102083413?
Potential challenges include claims being circumvented by design-around strategies, invalidation due to prior art, or narrow claims that limit enforcement scope.
5. How should companies strategize around Chinese patents like CN102083413?
Companies should establish robust patent monitoring, consider filing their own patents to extend protection, and develop non-infringing alternative formulations or methods to diversify their IP position.
References:
[1] China National Intellectual Property Administration (CNIPA). Patent CN102083413.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
[3] Zhong, W. et al., "Emerging Trends in Chinese Pharmaceutical Patent Filings," Journal of Patent Technology, 2022.
