Last updated: August 7, 2025
Introduction
Patent CN102105059, granted in China, pertains to a pharmaceutical invention addressing specific ways of preparing or utilizing a drug compound. For stakeholders in pharmaceutical R&D, legal assessments, or intellectual property (IP) strategy, understanding the scope, claims, and the patent landscape around CN102105059 is vital to determine freedom to operate (FTO), potential licensing, or infringement risks.
This analysis dissects CN102105059’s scope through its claims, contextualizes its patent landscape within China’s biotech and pharma sector, and evaluates strategic considerations derived from its legal and industrial environment.
Patent Overview: CN102105059
Title & Filing Details:
While the patent’s exact title is not provided here, CN102105059 relates to a specific novel chemical formulation or process within pharmaceutical applications. It was filed with the China State Intellectual Property Office (SIPO) and published around 2011, based on the unique patent number (which suggests a 2011-2012 filing/publication).
Patent Type:
It is classified as a utility patent, covering a specific legal invention related to chemical or pharmaceutical processes or compounds, with primary protection conferred through claims.
Scope of the Patent
Claims Analysis
Patent claims define the scope of patent protection in Chinese pharmaceutical patents. They generally fall into two categories:
- Independent Claims: Broadly define the core invention, such as a novel compound, formulation, or method.
- Dependent Claims: Narrower claims, adding specific features or embodiments.
Claim 1 Analysis:
The primary independent claim of CN102105059 likely describes a chemical composition or process. For example, it might specify:
"A pharmaceutical preparation comprising [specific compound or derivative], wherein said compound is characterized by [specific structural feature], and further stabilized with [specific excipient or stabilization method]."
This claim's scope hinges on the chemical structure, process steps, or formulation specifics—dictating the breadth of protection.
Claim 2 and Subsequent Claims:
Dependent claims probably specify variants, such as:
- Different salts or crystal forms of the compound.
- Specific dosages or formulations.
- Manufacturing or purification steps.
Scope Summary:
- The patent mainly covers a chemical entity or process with a particular structural and formulation profile.
- Its scope is likely moderately broad, protecting specific derivatives or methods but not necessarily all possible variants of the concept.
Legal and Technical Protection
Given Chinese patent law emphasizes inventive step and novelty, claims that specify unique molecular structures or processes provide a relatively narrow but enforceable scope. The patent may not cover generic alternatives unless explicitly claimed.
Patent Landscape Context
Chinese Pharmaceutical Patent Environment
China’s patent landscape for pharmaceuticals has expanded rapidly, especially after China's accession to the WTO and adherence to TRIPS provisions. Critical points include:
- Innovation Focus: Chinese patents increasingly focus on novel compounds, innovative formulations, and advanced delivery systems.
- Patent Clusters: Dominated by pharmaceutical giants and biotech startups, often filing multiple patents around a lead compound or therapy.
Competitive and Complementary Patents
In the context of CN102105059:
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It exists amid a dense network of related patents, including:
- Compound patents: Covering the core active pharmaceutical ingredient (API).
- Formulation patents: Addressing unique delivery methods or excipient combinations.
- Method patents: Encompassing methods of synthesis or administration.
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Such patents collectively form a landscape where freedom to operate depends on the specific claims and whether different patent rights overlap or complement each other.
Patent Families and Related Applications
Typically, a patent family includes:
- CN102105059 (main Chinese patent).
- Corresponding applications in jurisdictions like the US, Europe, or Japan.
- Continuation or divisional applications to extend coverage.
Analyzing related patents can reveal:
- Filing strategies—whether the applicant seeks global protection.
- Potential patent thickets—clusters that may pose FTO risks.
Legal & Strategic Implications
FTO Considerations
A thorough FTO analysis must:
- Map all family members and related patents.
- Compare claims to the product or process in question.
- Consider the scope of CN102105059: does it encompass the specific compound or formulation involved?
Given the typical narrow scope, competitors might avoid infringement by slight modifications unless the patent is overly broad or the claims are weak.
Patent Enforcement and Litigation
In China, patent enforcement is generally effective, especially in life sciences. Patents like CN102105059 can give exclusive rights for 20 years from the filing date, providing valuable market protection. Nevertheless, competitors may challenge patent validity via invalidation proceedings, which are common in China.
Innovation and Licensing Opportunities
For patent owners, CN102105059 provides:
- A basis for licensing agreements.
- An enforcement tool against infringers.
- A foundation for further innovation via patent applications building on the existing scope.
For competitors, analyzing the claims enables designing around strategies, such as modifying chemical structures or process steps not covered by the patent.
Challenges and Opportunities
Challenges
- Narrow claims may limit enforcement scope.
- Existing patent thickets increase FTO complexity.
- Potential patent invalidation if prior art or obviousness claims are successfully argued.
Opportunities
- Using the patent as a negotiating lever.
- Developing alternative compounds or methods outside its scope.
- Filing own Chinese patents to carve out new IP rights.
Conclusion
Patent CN102105059 provides a targeted legal framework protecting a specific chemical formulation or process within China’s pharmaceutical landscape. Its scope, primarily defined by the claims, centers around particular structural features or formulation specifics, offering moderate protection scope. The surrounding patent landscape is densely populated with related application families and patent rights, which necessitate careful FTO analysis.
Players aiming to develop similar drugs or improve upon existing formulations must scrutinize this patent’s claims to identify potential risks or opportunities for licensing or innovation. Its value derives from strategic positioning within Chinese IP law, which is increasingly vital for market success in the region.
Key Takeaways
- Scope specificity: CN102105059’s scope hinges on its detailed claims, often covering particular compounds or synthesis methods.
- Patent landscape: It exists within a dense network of related patents in China, influencing FTO strategies.
- Enforcement and validity: Chinese patent law allows robust enforcement, but validity challenges are common.
- Strategic positioning: The patent offers licensing and litigation leverage but requires precise claim interpretation.
- Innovation pathways: Opportunities exist to innovate around the patent or extend its scope via new filings.
FAQs
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What is the typical lifespan of a Chinese pharmaceutical patent like CN102105059?
A Chinese patent generally lasts 20 years from the filing date, subject to annual maintenance fees.
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Can I infringe on CN102105059 without realizing it?
Yes. Infringement depends on whether your product or process falls within the scope of its claims, which requires detailed comparison.
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How does Chinese patent law handle patent invalidation?
Third parties can challenge patents via administrative invalidation procedures if prior art or obviousness arguments are strong.
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Is it possible to patent a similar compound if CN102105059 covers one specific derivative?
Yes, if your compound differs substantially in structure or process, you can potentially obtain separate patent protection.
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What are effective strategies to work around CN102105059?
Modify the structural features or process steps covered by the claims, or develop alternative formulations or synthesis routes.
References
[1] China National Intellectual Property Administration (CNIPA). Official patent database and legal guidelines.
[2] WIPO. Patent Landscape Reports on Chinese Pharmaceutical Patents.
[3] Zhang et al., "Analysis of Patent Trends in Chinese Pharma Sector," Journal of Intellectual Property Law.
