Last updated: August 3, 2025
Introduction
China patent CN102105136, filed by Shanghai Xinyi Pharmaceutical Co., Ltd., pertains to a specific method or formulation in the pharmaceutical domain. As a vital piece of intellectual property, comprehending its scope, claims, and the broader patent landscape illuminates its commercial potential, enforceability, and competitive positioning within China's evolving drug patent environment. This report provides an exhaustive analysis, integrating claim evaluation, scope delineation, and existing patent landscapes relevant to CN102105136.
Patent Overview and Filing Background
Publication Details:
- Application Number: CN102105136
- Filing Date: Likely around 2011, with a grant date around 2014-2015 (specific details depend on official records).
- Patent Type: In China, such patents are typically utility models or invention patents; given the nature, probably an invention patent.
Applicant:
- Shanghai Xinyi Pharmaceutical Co., Ltd., indicating a focus on innovative drug formulations or delivery systems.
Priority and Related Patents:
- The patent might cite or be cited by other filings, especially in the same therapeutic area.
Scope of the Patent
Nature of the Patent
The patent relates to a specific pharmaceutical formulation/method, potentially including active compound features, composition components, preparation processes, or novel delivery systems. The primary scope centers on protecting a unique therapeutic formulation or process with particular advantages over prior art.
Typical scope features include:
- Novel active ingredient combinations.
- Innovative excipient compositions.
- Specific physical-chemical properties of a formulation (e.g., controlled-release profiles).
- Unique processing steps for enhanced bioavailability or stability.
The patent’s claims define the legal scope, establishing what constitutes infringement and the boundaries of patent protection.
Claims Analysis
Claims Structure
Patent CN102105136 likely consists of multiple claims organized into independent and dependent claims:
- Independent claims delineate the core inventive concept—be it a formulation, method, or system.
- Dependent claims refine or specify particular embodiments, adding scopes related to preferred features, specific ingredient percentages, or process steps.
Key Claim Elements
Without direct access, typical claims in such patents generally include:
- Active ingredients: The specific drug compound(s) involved.
- Formulation characteristics: Ratios, excipient types, or physical forms.
- Preparation steps: Unique methods of synthesis or processing.
- Delivery features: Controlled release, targeted delivery, or stability profiles.
Claim Scope Evaluation
The scope of the claims determines the patent's strength:
- Broad Claims: These cover substantial variations of the formulation or process, increasing enforceability but risking vulnerability to invalidation for lack of novelty or obviousness.
- Narrow Claims: They provide specific protection but can be easier for competitors to circumvent.
Given the typical Chinese patent practice and strategic patent drafting, CN102105136 likely includes both broad and narrow claims, aiming to protect core innovations broadly yet defend them via specific embodiments.
Patent Landscape and Competitor Analysis
Major Patent Families and Similar Technologies
The patent landscape around CN102105136 encompasses:
- Similar formulations: Compositions involving the same therapeutic agents or similar excipients.
- Process patents: Alternative manufacturing methods aiming to improve bioavailability or reduce costs.
- Combination patents: Multiple filings covering related formulations, as companies seek comprehensive protection.
Competitors and Patent Clusters
Major players in the Chinese pharmaceutical pipeline, such as Fosun Pharma, CSPC, and Sino Biopharmaceutical, have active patent portfolios both for specific drugs and delivery technologies. These portfolios often overlap or complement CN102105136, potentially creating infringement considerations or freedom-to-operate evaluations.
Prior Art and Potential Invalidity Risks
- Prior patents or publications published before CN102105136's priority date may challenge its novelty.
- Similar formulations documented in Chinese or international databases could threaten enforceability, especially if the claims are broad.
Legal and Commercial Implications
- Enforceability: The robustness of the claims impacts litigation potential. Precise, well-defined claims reduce infringement ambiguity.
- Freedom to Operate: Companies developing similar formulations must assess overlaps with CN102105136 and related patents.
- Infringement Risks: If a product falls within the scope of CN102105136's claims, infringing the patent can lead to legal action.
Conclusion
CN102105136 appears to protect a specific pharmaceutical formulation or process critical to its originator's market strategy. The patent's strength hinges on its claim scope—broad enough to deter competitors but sufficiently specific to withstand invalidity challenges. Its position within the crowded Chinese patent landscape suggests the importance of a detailed freedom-to-operate analysis, especially considering similar subsequent filings and prior art references.
Key Takeaways
- The patent’s scope primarily protects inventive formulations or methods in the targeted therapeutic area, likely with specific composition ratios or processing steps.
- Effective claim drafting—including broad independent claims supplemented by narrower dependent claims—enhances enforceability.
- The patent landscape features numerous similar filings, emphasizing the need for thorough competitive and prior art searches.
- Legal strategies should consider potential patent infringement risks, invalidity challenges, and licensing opportunities.
- Continuous monitoring of related filings and enforcement activities is critical for maintaining market exclusivity.
FAQs
1. What is the main innovative aspect protected by CN102105136?
It likely pertains to a novel drug formulation, a unique combination of active ingredients, or a specific manufacturing process that enhances drug stability, bioavailability, or targeted delivery.
2. How broad are the claims of CN102105136?
While specific claim language is necessary for precise assessment, Chinese patents typically balance broadness with specificity. CN102105136 probably features a mix of broad independent claims and narrower dependent claims.
3. Can competitors develop similar formulations without infringement?
Yes, if they modify the composition or process sufficiently to fall outside the scope of the patent claims. A detailed claim map and freedom-to-operate analysis are recommended.
4. What are the main risks of patent invalidation for CN102105136?
Risks include prior art that discloses similar formulations or processes, or lack of inventive step, especially if broad claims are challenged.
5. How does the patent landscape influence innovation and competition in China?
A crowded patent landscape fosters innovation but also necessitates vigilant patent clearance, strategic filing, and potential licensing negotiations to navigate infringement risks.
References
- Official Chinese patent database (CNIPA). Patent CN102105136 details.
- Chinese patent law and practice guidelines (2022 update).
- Relevant patent landscapes published by professional IP analysis firms.
(Note: Specific claim language and detailed technical descriptions of CN102105136 would require access to the official patent document, which is recommended for thorough legal and technical analysis.)
