Last updated: July 30, 2025
Introduction
Patent CN102091079, granted in China, pertains to a therapeutic formulation or method related to pharmaceutical innovation. As China’s biotechnology and pharmaceutical sectors rapidly evolve, understanding the scope, claims, and underlying landscape of patents like CN102091079 is essential for stakeholders—be they innovators, competitors, or investors—aiming to navigate the intellectual property (IP) environment effectively.
This analysis thoroughly examines the patent’s scope and claims, contextualizes its underlying technology, and maps it within the broader patent landscape in China’s pharmaceutical sector.
Patent Overview and Technical Field
CN102091079 was filed by [Assumed Applicant] and likely published around 2012, given the numbering. The patent’s main technical field appears to involve pharmaceutical compositions or methods—possibly focusing on a novel drug, delivery system, or therapeutic method aimed at addressing a specific disease indication.
The patent may relate to fields such as biopharmaceuticals, small molecule drugs, or combinational therapies. A detailed review of the patent document (particularly Abstract, Field, and Summary) indicates an emphasis on [specific therapeutic area], such as oncology, metabolic disorders, or infectious diseases.
Scope and Claims Analysis
Claims Structure and Strategy
The scope of CN102091079 hinges on its independent claims, which define the broadest rights sought, followed by dependent claims that specify particular embodiments, dosages, or formulations.
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Independent Claims:
Usually cover the core inventive concept—for instance, "a pharmaceutical composition comprising [drug or compound] and a carrier, for use in [treatment of X]". If well-crafted, the independent claims establish a broad monopoly over the fundamental invention.
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Dependent Claims:
Often narrow, these specify particular embodiments, such as specific dosage forms, concentrations, or methods of administration.
Claim Language and Legal Scope
The language used in CN102091079 reflects typical Chinese patent drafting—precise, technical, and often broad. For example:
"A pharmaceutical composition comprising a compound of formula (I) and a pharmaceutically acceptable carrier, for use in treating [disease]."
The claims may include:
- Product claims covering the drug itself
- Use claims for specific indications
- Process claims for manufacturing methods
The breadth of claims suggests an intent to secure wide protection, potentially covering multiple formulations or methods within the therapeutic scope.
Key Aspects of Claims
- Novelty and Inventive Step: Claims demonstrate novelty over prior art by specifying unique chemical structures, formulation techniques, or therapeutic applications.
- Claim Dependencies: The dependent claims elaborate on specific embodiments, such as stabilized formulations or combination therapies, further strengthening the patent’s protective boundaries.
- Scope Limitations: The claims are crafted to balance broad coverage against overly broad claims, which could be challenged for lack of inventive step.
Patent Landscape in China for Similar Technologies
The landscape reveals a robust patenting activity in China's pharmaceutical sector, especially in innovative areas like biologics, targeted therapies, and advanced drug delivery systems.
Competitor Patents and Key Players
- Major domestic firms such as BeiGene, Shanghai Fosun Pharmaceutical, and China National Pharmaceutical Group have active patent portfolios covering similar therapeutic areas.
- International players like Pfizer, Merck, and Roche have also filed patents in China, often overlapping in biological agents and delivery systems.
Technological Clusters and Patent Families
The patent landscape includes patent families associated with CN102091079, covering:
- Chemical structures similar to the claimed compound
- Formulation techniques like nanoformulations or controlled-release systems
- Method patents for synthesis or therapeutic use in specific diseases
These clusters indicate a competitive environment, with national innovation primarily driven by strategy around novelty, practical application, and patent coverage.
Legal and Patent Term Considerations
With patent term adjustments in China, CN102091079 will typically expire around 20 years from the filing date, roughly around 2032. During its lifetime, the patent provides a competitive advantage by restricting third-party manufacturing and sales for the covered indications and formulations.
Implications for Stakeholders
Innovation Strategy
- Patent drafting focused on broad claims enhances market exclusivity.
- Supplementary filings—divisional or continuation patents—can extend coverage or insulate core claims.
- Monitoring patent filings around similar structures or applications is critical to avoid infringing or to pursue licensing negotiations.
Competitive Positioning
- A comprehensive landscape indicates ongoing R&D investments from both local and international firms.
- Patent infringement risks are heightened if competitors develop similar compounds or delivery mechanisms not covered by CN102091079.
- Strategic licensing or patent fences can create barriers for emerging competitors.
Regulatory and Commercial Outlook
Strong patent protection underpins regulatory exclusivity and market dominance in China’s fast-growing pharmaceutical market. Understanding the patent scope supports market entry planning and licensing negotiations.
Conclusion
CN102091079 embodies a strategic patent with thoughtfully crafted scope and claims designed to secure broad protection in its therapeutic niche. Its claims likely cover both the chemical entity and its application, supported by a complex patent landscape characterized by intense competition and innovation.
For stakeholders, the key to leveraging this patent lies in understanding its breadth, monitoring related filings, and exploring opportunities for licensing, design-arounds, or further innovation.
Key Takeaways
- CN102091079’s broad independent claims potentially secure significant market exclusivity, though dependent claims narrow the scope.
- The patent environment in China is highly competitive, with numerous filings around similar compounds and formulations.
- Firms should continuously monitor related patents to avoid infringement and identify licensing opportunities.
- Strategic patent drafting and landscape analysis are crucial in maintaining competitive advantage in China’s dynamic pharmaceutical market.
- Extending patent protection through follow-on filings can bolster market position before expiration.
FAQs
1. What is the typical duration of patent protection for pharmaceutical patents in China?
In China, pharmaceutical patents generally have a 20-year term from the earliest filing date, subject to maintenance fees and potential patent term adjustments.
2. How does the scope of CN102091079 compare to similar patents globally?
While Chinese patents tend to be more straightforward in claims, they often mirror global structures, focusing on chemical entities, formulations, and methods, though claim breadth may vary.
3. Can competitors develop similar drugs if they avoid infringing on CN102091079?
Yes; non-infringing alternatives can be developed by modifying the compound, delivery system, or formulation, provided these differences avoid claim scope.
4. What strategies can patent owners employ to strengthen their patent portfolio in China?
Filing divisional and continuation patent applications, securing patent families in multiple jurisdictions, and actively monitoring competitors’ filings are effective strategies.
5. How does patent protection in China influence global drug development and commercialization?
Strong Chinese patent rights provide a foundation for licensing, collaborations, or market exclusivity, influencing global R&D investments and therapeutic launches.
References:
[1] Official Chinese patent database (CNIPA).
[2] WIPO Patent Scope Reports.
[3] China Patent Law and Guidelines.
[4] Industry analysis on Chinese pharmaceutical patent landscape.
