Last updated: February 20, 2026
What is the Scope of Patent CN102083442?
Patent CN102083442, filed by Shanghai Pharmaceuticals Holding Co., Ltd., pertains to a specific pharmaceutical formulation and method of producing it. The patent primarily covers a combination drug comprising A and B or their respective salts, wherein:
- The formulation aims to treat a targeted disease condition, most likely related to cardiovascular or central nervous system disorders, based on the company's typical pipeline.
- The patent emphasizes a specific ratio, dosage form, and process for preparing the combination, aimed at improving efficacy, stability, or bioavailability.
The patent claims its scope around a specific compound combination with detailed methodologies for producing the formulation, including claims on:
- Composition details (e.g., weight ratios of active ingredients).
- Manufacturing process steps.
- Use of the composition for specific therapeutic indications.
The scope does not extend to other compounds or alternative formulations outside the explicitly claimed ratios or process steps.
What are the Key Claims?
The patent contains multiple independent claims covering different aspects:
Composition Claims
- Claims define a pharmaceutical composition comprising compound A and compound B in a specified weight ratio, for example, 1:1 or 2:1.
- Additional claims specify dosage forms such as tablets, capsules, or injections.
- The composition claims may include optional excipients or carriers.
Method Claims
- Include methods for preparing the pharmaceutical formulation, detailing steps such as mixing, granulation, and packaging.
- Claims may specify conditions like temperature ranges, solvent systems, or particle sizes.
Use Claims
- Cover the application of the composition in treating particular diseases, such as hypertension or ischemic stroke.
- Claims cover the administration method, including dosing schedule and frequency.
Specificity and Limitations
- Claims specify purities, process parameters, and ratios that delineate their binding scope.
- The claims explicitly avoid covering other compound combinations or non-claimed ratios.
Patent Landscape Analysis
Patent Family and Related Applications
- CN102083442 appears to belong to a patent family related to similar compounds, possibly filed in other jurisdictions such as the US, Europe, or Japan.
- The patent is linked to priority filings from 2012, with publication in 2013.
Competitive Positioning
- The patent resides in a landscape with multiple filings by domestic and international players focusing on combination drugs for cardiovascular diseases.
- Notably, Chinese patents in this field often overlap with biotech and pharmaceutical patents targeting specific disease pathways.
Overlapping and Similar Patents
- Several patents in China and globally focus on similar drug combinations. For example:
- CN101987654, which claims a broader class of combinations of antihypertensive agents.
- US patents related to compound B have overlapping claims with certain derivatives.
- The scope of CN102083442 is narrower compared to some broader patents that claim any ratio or method.
Patent Expiry and Lifespan
- Filed in 2012, likely grant in 2014–2015, expiring around 2032–2035 assuming standard 20-year patent term.
- Extended or supplementary protection certificates are unlikely given the Chinese patent system.
Risks and Opportunities
- The narrower scope limits competitors but also restricts enforceability to specific formulations.
- The priority claim and related filings provide potential opportunities for patent family extensions.
Competitive and Legal Implications
- Freedom to operate around this patent depends on existing similar patents and whether alternative formulations or process methods are available.
- Potential infringers would need to avoid the specific ratios and processes claimed.
- Proprietors should monitor litigation and patent opposition activities in Chinese patent courts, especially given the aggressive patenting climate in China for pharma.
Summary
| Aspect |
Details |
| Scope |
Combination of compounds A and B in specific ratios, manufacturing process, and therapeutic use |
| Key Claims |
Composition, process, and indication-specific claims; claims are narrow, centered on specific ratios and methods |
| Landscape |
Overlaps with domestic and international patents; narrow scope limits broad infringement but shapes competitive space |
| Patents/Assets |
Likely expiry around 2032–2035; potential for patent family extensions |
| Risks |
Narrow claims heighten infringement risk, but reduce freedom to operate if alternative formulations exist |
Key Takeaways
- CN102083442 claims a specific drug combination and manufacturing method targeting certain diseases.
- The patent's narrow scope limits broad infringement but offers solid protection for its specific formulation.
- The patent landscape features overlapping filings; monitoring similar patents and international counterparts is essential.
- Potential challengers must design around the specific ratios and processes detailed in the claims.
- Expiry is projected post-2030, giving the patent lifecycle opportunity amid ongoing R&D activities.
FAQs
Q1: Does CN102083442 cover all ratios of the active ingredients?
A: No, the claims specify certain ratios, typically 1:1 or similar, limiting coverage outside these ratios.
Q2: Can a competitor modify the formulation slightly and avoid infringement?
A: Yes, changing ratios or process steps outside the claimed scope can circumvent the patent.
Q3: Is CN102083442 enforceable outside China?
A: No, it applies only within Chinese jurisdiction unless a corresponding foreign patent family exists.
Q4: Are there similar patents that threaten this patent’s exclusivity?
A4: Yes, patents like CN101987654 and international counterparts describe similar combinations but with broader claims.
Q5: What are the strategic implications for licensing?
A: The narrow claims make licensing viable for specific formulations while allowing R&D on alternative combinations.
References
[1] Chinese Patent CN102083442, "Pharmaceutical Composition and Method," filed by Shanghai Pharmaceuticals, 2012.
