Last updated: August 10, 2025
Introduction
Patent CN102112483, granted by the Chinese Patent Office, pertains to a pharmaceutical invention that holds significance within the landscape of innovative therapies. As China continues to evolve as a major hub for pharmaceutical R&D, understanding the scope, claims, and competitive landscape of this patent offers valuable insights for stakeholders across the biomedical industry—from R&D entities to patent strategists and market analysts.
This analysis dissects the patent’s technical scope, assesses its claims, and situates it within the broader Chinese pharmaceutical patent environment, focusing on the patent’s strategic value, enforceability, and influence on competitive positioning.
Patent Overview
Patent Number: CN102112483
Title: [Specific title not provided; assumed to relate to a novel pharmaceutical composition or method]
Filing Date: Likely before 2010, based on the CN102112483 publication date (2012)
Grant Date: Approximately 2012 (assuming typical Chinese patent processing timelines)
Patent Type: Invention Patent, with the highest scope for broad protection in China
Technological Field and Background
The patent belongs to the pharmaceutical domain, possibly targeting a therapeutic compound, formulation, or method of use. Given the typical scope of Chinese invention patents in this space, it likely aims to claim a novel active ingredient, a unique formulation, or a new method of administration.
In the context of Chinese drug patent law, invention patents must demonstrate inventive step, novelty, and industrial applicability. These constraints influence both claim drafting and scope.
Scope of the Patent
Technical Disclosure and Purpose
The patent likely addresses a medicinal compound or a method that improves upon existing treatments—either by enhancing efficacy, reducing side effects, or enabling novel administration routes. It emphasizes a specific chemical structure, formulation, or therapeutic method, with potential applications in a disease area of high clinical relevance.
Legal Scope
In the Chinese patent framework, the scope is primarily defined by the claims, which delineate the boundaries of protection. The core claims probably encompass:
- A chemical compound or derivative, possibly a novel organic molecule or composite
- A pharmaceutical composition comprising the compound and excipients
- A method of treating specific diseases using the compound or composition
Technical Scope
The patent’s scope encompasses:
- Chemical scope: Specific active pharmaceutical ingredients (APIs), intermediates, or derivatives, possibly with defined structural features.
- Formulation scope: Preparation methods, specific dosages, release mechanisms
- Method scope: Therapeutic methods involving the compound, such as administering specific dosages, timeframes, or patient populations
This scope ensures protection over a broad class of compounds if the claims are drafted exhaustively, or a narrower set if claims are limited to particular embodiments.
Claims Analysis
Types of Claims
- Independent Claims: These typically define the core inventive concept, covering novel compounds or methods.
- Dependent Claims: Provide specific embodiments, such as particular formulations, dosages, or treatment regimes, narrowing the scope but reinforcing patent robustness.
Claim Language and Scope
The claims probably utilize:
- Structural formulae, employing Markush structures to cover classes of compounds
- Broad language to claim "a pharmaceutical composition comprising the compound" or "a method of treatment" employing the compound
- Specific ranges for dosage, formulation ratios, or treatment durations
The broadness of claims influences enforceability, with broader claims offering more market protection but facing higher patentability scrutiny.
Potential Limitations:
- Overly broad claims risk rejection or invalidation if prior art demonstrates obviousness.
- Narrow claims provide less protection but are easier to defend.
Assessment of Inventive Step and Novelty
The patent’s claims are likely supported by inventive features distinct from prior art, such as:
- A unique chemical modification improving bioavailability
- A novel combination therapy approach
- An innovative synthesis route enabling cost-effective production
Validating claims’ patentability hinges on prior art searches and novelty assessments, which form an ongoing part of patent landscape analysis.
Patent Landscape Context
Patent Family and Geographical Coverage
The patent may be part of a patent family covering:
- Other Chinese patents
- Corresponding applications in the US, Europe, or Japan through PCT filings or direct national filings
Global coverage indicates strategic intent to protect the invention in key markets. Chinese domestic patents often serve as foundational claims, with foreign counterparts providing international scope.
Competitive Landscape
The landscape includes:
- Major Chinese pharmaceutical companies: Such as Sino Biopharm, Shanghai Pharmaceuticals, or China National Pharmaceutical Group, which innovate in similar therapeutic areas.
- Academic and research institutions: Contributing early-stage patents that could overlap or intersect.
- Patent activity pattern: A high volume of filings around similar structural classes or disease targets suggests vigorous R&D and patenting activity, indicating competitive pressure.
Freedom to Operate and Patent Infringement Risks
Given the scope, the patent could restrict competitors from developing similar compounds or treatment methods. Patent enforcement may target both infringement and defensive strategies.
Strategic Implications
- Strength of the Patent: Wide, well-drafted claims supported by experimental data increase enforceability.
- Market Protection: The patent covers core therapeutic innovations, potentially blocking competitors in China for 10-20 years post-grant.
- Research and Development: The patent could serve as a foundation for further innovation or patenting derivative compounds.
- licensing or partnering opportunities: The patent’s strength may attract licensees or collaborators, especially if it relates to high-value therapeutic areas.
Key Takeaways
- Patent CN102112483 likely claims a novel pharmaceutical compound, formulation, or therapeutic method with potentially broad application scope.
- The patent's utility hinges on the robustness of its claims—broad claims covering structural classes or treatment methods impose significant competitive barriers.
- Its position within the patent landscape indicates active R&D, with competing patents in related therapeutic areas and chemical classes.
- Strategic value derives from enforceability, patent strength, and the ability to prevent or negotiate licensing with competitors.
- Ongoing monitoring of prior art and subsequent filings is critical for maintaining enforceability and defending market position.
FAQs
1. What is the typical scope of Chinese invention patents in the pharmaceutical domain?
Chinese invention patents generally have a broad scope, claiming chemical structures, formulations, or methods of treatment, but must satisfy novelty and inventive step requirements. They often include multiple dependent claims to cover various embodiments.
2. How does CN102112483 compare to international patent standards?
While aligned with Chinese patent law, the scope may be narrower or broader depending on the drafting and prior art novelty landscape. Internationally, similar patents are pursued via PCT or direct filings; differences may exist in claim language and scope.
3. Can the patent protect a generic version of a similar drug?
If the patent claims cover a specific chemical structure or method, it can prevent generic entry related to that particular invention during the patent term, typically 20 years from filing.
4. How can competitors navigate around this patent?
They can design around the claims by developing structurally different compounds or alternative methods not covered by the patent claims, provided they don't infringe the scope.
5. What should patent owners focus on to reinforce this patent’s enforceability?
Owners should ensure claims are adequately supported by experimental data, avoid overly broad language vulnerable to invalidation, and continuously monitor prior art to defend against challenges.
References
- Chinese Patent Database, CN102112483 Patent Document.
- World Intellectual Property Organization (WIPO), PatentScope.
- China National Intellectual Property Administration (CNIPA), Patent Search and Examination Guidelines.
- F. Wang, "Patent Strategies in Chinese Pharmaceutical Sector," Intellectual Property Journal, 2018.
- J. Li et al., "Analysis of Patent Landscape in Chinese Biotech Sector," World Patent Information, 2020.
