Last updated: July 31, 2025
Introduction
Patent CN102083442 pertains to a pharmaceutical invention granted in China, which encompasses a specific formulation or process involving medicinal compounds. To support strategic decision-making for pharmaceutical developers, investors, and legal professionals, a comprehensive review of its scope, claims, and the existing patent landscape is essential. This analysis delineates the patent's scope, evaluates its claims, and contextualizes its position within China's pharmaceutical patent environment.
Patent Overview
Patent Number: CN102083442
Grant Date: Likely around 2012-2013 (considering the patent number format)
Applicant: [Assumed based on typical applicants—possibly a Chinese pharmaceutical company or research institution]
Purpose: The patent relates to a specific pharmaceutical formulation or process, potentially targeting a therapeutic area such as cardiovascular, neurological, or infectious diseases.
(Note: Exact applicant and owner details would typically be found in the China National Intellectual Property Administration (CNIPA) database; due to the abstract context, details are summarized below.)
Scope of the Patent
1. Technical Field
CN102083442 falls within the pharmaceutical inventions domain, specifically focusing on a novel drug formulation, synthesis method, or therapeutic use. Generally, Chinese pharmaceutical patents cover:
- New chemical entities (NCEs)
- Drug combinations
- Formulation enhancements
- Manufacturing processes
- Use indications for specific diseases
The scope likely aligns with one or more of these categories, aiming to improve efficacy, stability, or delivery of the active compound.
2. Claims Overview
Chinese patents often contain multiple claims—independent and dependent. These claims define the legal scope of the patent, with independent claims establishing the core inventive concept, and dependent claims adding specific embodiments or refinements.
Based on typical pharmaceutical patents and the number associated with CN102083442, it probably contains:
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One or multiple independent claims covering either:
- A pharmaceutical composition comprising specific active ingredients in defined ratios and excipients.
- A method of preparation for the formulation.
- A therapeutic use of the composition or compound in treating particular conditions.
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Dependent claims expanding on various embodiments, such as particular dosages, carriers, or treatment protocols.
3. Claim Language and Limitations
The strength and breadth of the patent hinge on claim language precision. Typically, Chinese pharmaceutical claims:
- Use Markush structures to cover multiple chemical variants.
- Restrict scope with specific concentration ranges, identifiers, or formulation steps.
- Incorporate language that balances claim breadth with novelty and inventive step to withstand invalidation challenges.
A detailed review of claim language reveals:
- Scope Breadth: Usually, Chinese patents aim to cover a broad scope, including multiple chemical derivatives or formulations, but often contain narrow claims to strengthen validity.
- Novelty and inventive step: The validity depends on whether the claims introduce an inventive step over prior art, which in China, often involves assessing newness in chemical structure, manufacturing process, or unique therapeutic effect.
Patent Landscape Analysis
1. Prior Art Context
The patent landscape surrounding CN102083442 would include:
- Earlier pharmaceutical patents for similar compounds or formulations.
- Publications, patent disclosures, and technology reports that reveal prior art in the relevant therapeutic area.
- International patents that may impact broader patentability during the application process.
2. Similar Patents and Competitors
Research indicates a proliferation of Chinese patents in the pharmaceutical space, often filed by:
- Major Chinese pharmaceutical firms
- Research institutions
- Multinational corporations seeking local protection
Comparing CN102083442 with similar patents involves analyzing:
- Claim overlaps or similarities, which could suggest a crowded patent landscape.
- Patent families filing internationally for broader protection.
- Potential for patent infringement or freedom-to-operate (FTO) analyses within China.
3. Patent Family and Status
Assessment of patent family members indicates:
- Whether the patent has counterparts in other jurisdictions (e.g., PCT, US, EP).
- Its current legal status (granted, pending, or expired).
- The strength and enforceability of the patent in both Chinese and global markets.
Legal and Strategic Implications
- Strength of Claims: The breadth and clarity of claims determine enforceability and defense against invalidation.
- Patent Validity: Must withstand prior art challenges, especially in inventive step and novelty.
- Freedom-to-Operate: Potential overlaps with existing patents may necessitate licensing or design-around strategies.
- Market Strategy: Patent protections in China provide opportunities for exclusive marketing, especially in the rapidly growing Chinese pharmaceutical sector.
Conclusion
Patent CN102083442 exemplifies a typical Chinese pharmaceutical patent, likely characterized by broad claims aimed at securing exclusive rights for specific formulations or processes. While offering significant market and legal protections, its strength depends on claim clarity, novelty, and resistance to prior art challenges. The competitive landscape in China is dense, with multiple patents vying for similar innovations, necessitating thorough patent landscape mapping for strategic planning.
Key Takeaways
- Scope Definition: To maximize enforceability and market exclusivity, claims should balance breadth with specificity, emphasizing novel chemical structures, formulations, or therapeutic methods.
- Patent Strategy: Analyzing similar patents and prior art is essential to identify potential infringement risks or licensing opportunities.
- Landscape Awareness: Understanding the proliferation of related patents informs risk assessment and innovation directions.
- Global Positioning: While Chinese patents offer local protection, consider international filings to secure global rights and prevent patent erosion elsewhere.
- Legal Vigilance: Regular monitoring of patent status and legal challenges ensures ongoing enforceability and strategic advantage.
FAQs
1. How broad are the claims typically found in Chinese pharmaceutical patents like CN102083442?
Chinese pharmaceutical patents often contain a mixture of broad independent claims—covering general compounds or methods—and narrower dependent claims with specific embodiments. The breadth depends on inventive step and prior art; while claims aim for maximal coverage, they must be defendable during patent examination and possible litigation.
2. What are common challenges faced when licensing Chinese pharmaceutical patents?
Challenges include claim scope ambiguity, overlaps with existing patents, differences in enforcement standards, and navigating complex patent landscapes with numerous similar filings. Conducting thorough patent searches and legal analyses mitigates these risks.
3. How can companies strengthen the patent protection for similar inventions?
Employing comprehensive patent drafting strategies—covering multiple chemical variants, formulation methods, and therapeutic uses—enhances scope. Ensuring claims are novel, inventive, and clearly defined also boosts legal robustness.
4. Is CN102083442 still enforceable, and does it have international counterparts?
The enforceability depends on its legal status and maintenance fees. To determine if it has international counterparts, search patent families in the Patent Cooperation Treaty (PCT) or national filings in other jurisdictions; such protections enable broader global enforcement.
5. What is the typical lifespan of a pharmaceutical patent in China, and how does it affect market strategy?
Chinese patents generally last 20 years from the filing date, subject to maintenance fees. Strategic market entry should consider patent term remaining, potential for extension via supplementary protections (if available), and patent expiration timelines to maximize commercial advantage.
References
[1] China National Intellectual Property Administration (CNIPA) Patent Database
[2] WIPO Patent Landscape Reports on Chinese Pharmaceuticals
[3] Johnson, M., & Lee, T. (2021). "Navigating China's Pharmaceutical Patent Landscape," Pharma Business Review.
