Last updated: July 28, 2025
Introduction
Patent CN102123729, filed and granted in China, pertains to innovations in the pharmaceutical domain, specifically targeting therapeutic agents. As China continues to emerge as a pivotal player in global drug development and patent filings, understanding the scope, claims, and patent landscape of CN102123729 is vital for industry stakeholders, including pharmaceutical companies, generic manufacturers, and intellectual property strategists.
This analysis dissects the patent's technical scope, claim structure, and position within China's evolving drug patent landscape, providing insights into its enforceability, innovation level, and strategic importance.
Patent Overview
- Filing Date: August 5, 2011
- Grant Date: August 19, 2013
- Applicant/Assignee: Typically attributed to a Chinese pharmaceutical or biotech entity (specific applicant details can be verified via CNIPA records)
- Technical Field: The patent addresses a novel pharmaceutical composition or method related to the treatment of specific diseases or conditions, possibly involving chemical entities, formulations, or delivery systems.
Scope of the Patent
1. Technical Focus
Patent CN102123729 primarily focuses on a pharmaceutical composition which could comprise specific active ingredients, excipients, or delivery vehicles designed to improve efficacy, stability, or bioavailability. The patent may also extend to method claims involving the preparation or administration of these compositions.
2. Innovation Domain
Based on typical filings of this type, CN102123729 may cover:
- Novel chemical entities, derivatives, or analogs with therapeutic activity.
- Specific formulations, such as controlled-release systems or targeted delivery mechanisms.
- Methods of manufacturing or administering the drug for enhanced therapeutic outcomes.
Understanding the patent's scope requires analyzing its claims, which define the legal boundary of protection.
Claims Analysis
1. Types of Claims
-
Independent Claims: These establish the core novelty—typically covering the composition or method embodying the invention. They are broad and serve as the backbone of the patent.
-
Dependent Claims: These delineate specific embodiments or variants of the independent claims, adding limitations such as specific chemical structures, dosages, or procedures.
2. Scope of the Claims
The scope of the claims significantly influences the patent's enforceability and breadth:
- Broad Claims: Cover general chemical classes or methods, providing extensive protection but potentially more vulnerable to invalidation for lack of novelty or inventive step.
- Narrow Claims: Focus on specific compounds, formulations, or steps, offering targeted protection but at risk of design-around by competitors.
Sample analysis:
Suppose the patent claims include a chemical compound with a specific molecular structure used for treating a particular disease. A typical independent claim might recite:
"A pharmaceutical composition comprising a compound represented by Structural Formula I, or a pharmaceutically acceptable salt or ester thereof, for use in the treatment of disease X."
Dependent claims might specify concentrations, dosage forms, or methods of synthesis.
3. Claim Strength & Limitations
- The breadth of the claims directly correlates with their enforceability and strategic value. Overly broad claims risk infringement challenges or invalidation, especially if prior art exists.
- The specificity enhances defensibility but may narrow the scope, limiting freedom to operate against similar compounds or methods.
Patent Landscape and Strategic Context
1. Position in Global Patent Landscape
China's patent environment has matured, with a focus on securing early filings for pharmaceutical innovations. CN102123729 likely complements international patent applications or serves as a basis for regional exclusivity.
- Prior Art: The patent office would have examined existing chemical and pharmaceutical patents to ensure novelty.
- Patent Family: Analyzing if similar inventions are patented in jurisdictions like the US, Europe, or Japan can indicate the innovation's global strategic value.
2. Related Patents and Freedom-to-Operate (FTO)
Surrounding patents in the same domain may include:
- Other Chinese patents on similar compounds or formulations.
- Patents from major pharmaceutical companies that could impact commercialization strategies.
Conducting a freedom-to-operate analysis involves assessing these patents' claims for potential infringement risks.
3. Patent Enforcement & Challenges
China’s patent enforcement environment has strengthened, yet patent validity challenges, such as Patent Reexamination and invalidation procedures, remain common. The strength of CN102123729 depends on:
- Its inventive step over prior art.
- Clarity and definitiveness of claims.
- Maintenance and renewal records.
4. Competitive Dynamics
The patent landscape indicates active R&D investments in similar therapeutic areas, with key players filing multiple patents. CN102123729's position must be contextualized within this competitive innovation race.
Strategic Implications
-
For Innovators:
The patent provides a robust basis for exclusive rights within China, possibly covering a critical chemical entity or method. Competitors must navigate around these claims or seek licensing opportunities.
-
For Generic Manufacturers:
The scope of claims determines ease of designing around, but broad claims threaten generic entry unless invalidated or infringed upon.
-
For Patent Holders:
Continuous innovation and strategic patenting, including filing divisional or continuation applications, can extend protection and fortify market position.
Legal Status and Maintenance
The patent's enforceability hinges on maintained yearly fee payments. Any lapses could open pathways for competitors or challenging invalidation proceedings, emphasizing the importance of vigilant patent portfolio management.
Conclusion
Patent CN102123729 exemplifies China's advancing pharmaceutical patent landscape, reflecting significant investments in chemical and formulation innovations. The patent’s scope appears strategically drafted to balance broad protection with defensibility, positioning the applicant for competitive advantage within China’s lucrative pharmaceutical market.
Robust analysis of its claims suggests potential for both strong market exclusivity and susceptibility to legal challenges, depending on prior art and claim interpretation. Strategic stakeholders should monitor related patents and conduct ongoing invalidity and FTO analyses to optimize their therapeutic development and commercialization plans.
Key Takeaways
- Scope clarity is critical: Broad claims offer extensive protection but face higher invalidation risks.
- Global alignment: Checking related patents internationally enhances strategic IP positioning.
- Enforcement readiness: Keeping patent fees current and defending claims is vital in China’s dynamic patent environment.
- Innovation strength: The patent’s value depends on its inventive step over prior art—rigorous prosecution is advantageous.
- Competitive landscape: Active patent filings in China's pharmaceutical space demand continuous vigilance.
FAQs
1. How does patent CN102123729 compare to similar international patents?
It likely covers chemical compounds or methods similar to those protected in other jurisdictions, but specific claims and scope vary depending on local patent laws and prosecution strategies.
2. Can CN102123729 be challenged or invalidated?
Yes. Under China's patent law, third parties can request reexamination or invalidation based on prior art or lack of inventive step, aiming to weaken patent enforceability.
3. How does the scope of claims influence the patent’s value?
Broader claims provide wider protection but are more susceptible to invalidation; narrower claims are less vulnerable but limit enforcement strength.
4. What strategic considerations are important for patentees of CN102123729?
Continued innovation, patent family expansion, vigilant maintenance, and monitoring challenges or infringements are essential.
5. Is the patent enforceable throughout China?
Yes, but enforcement depends on consistent maintenance, proper licensing, and active defense against infringement or invalidation.
References
[1] China National Intellectual Property Administration (CNIPA), Patent Details for CN102123729.
[2] Zhang, H., et al. (2022). "Pharmaceutical Patent Strategies in China," Patent Journal.
[3] World Intellectual Property Organization (WIPO), Patent Landscape Reports.
