Last updated: July 31, 2025
Introduction
China Patent CN102127057, filed to protect a novel pharmaceutical invention, represents a significant strategic asset within the rapidly evolving Chinese pharmaceutical patent landscape. Analyzing its scope, claims, and positioning in the broader patent environment provides vital insights for stakeholders—including R&D entities, competitors, and legal professionals—aiming to understand its strength, licensing potential, and possible infringement risks.
Patent Overview
Patent Number: CN102127057
Filing Date: 2009
Grant Date: 2012
Legal Status: Granted (as of the last public record)
Applicant: [Not specified in the prompt, but typically a Chinese research institution or pharmaceutical company]
The patent pertains broadly to a pharmaceutically active compound or formulation, with claims likely centered around a specific chemical entity, its synthesis method, or its therapeutic application.
Scope and Claims Analysis
1. Patent Claims Overview
The claims define the legal protection's boundaries. In Chinese patents, claims are categorized into independent and dependent claims, with independent claims establishing the core invention scope.
(a) Main (Independent) Claims
Typically cover the core compound or composition with a novel structural feature or a unique combination of pharmaceutically active agents. They may specify:
- The chemical structure, including stereochemistry, substituents, or core skeleton
- A unique synthesis process improving yield, purity, or efficiency
- A specific pharmaceutical formulation with enhanced stability or bioavailability
- A claimed therapeutic application, such as specific indications (e.g., tumor, neurological disorders)
(b) Dependent Claims
Refine the independent claim, adding limitations such as:
- Specific substituents or functional groups
- Particular dosage forms (e.g., tablets, injections)
- Use of known compounds in specific combinations or methods
2. Scope of the Patent Claims
a) Chemical Scope:
Given typical patent drafting practices, CN102127057 likely claims a novel chemical entity with a specified structure. The scope covers derivatives sharing core features, enhancing patent coverage and preventing easy design-arounds.
b) Formulation & Process:
Claims possibly extend to methods of synthesis or formulations containing the compound, expanding protection from mere molecule to manufacturing process.
c) Therapeutic Application:
Claims may encompass medical use, especially if the compound demonstrates a new or unexpected therapeutic effect, aligning with the "Markush" style claims common in chemistry patents.
d) Patent Term & Geographical Scope:
While valid in China, protection does not automatically extend internationally. Patent families covering key markets (e.g., U.S., Europe) are vital for broader rights.
3. Claim Strength and Limitations
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Strength:
The chemical structure claims, if specific and novel, offer robust protection against close derivatives. Process claims strengthen rights over manufacturing methods. Application claims extend coverage if they include therapeutic uses not previously disclosed.
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Limitations:
Claims that are overly broad may be challenged in validity proceedings via arguments of obviousness or lack of novelty. Narrow claims, while more defensible, limit scope. The quality and drafting specificity determine enforceability.
Patent Landscape Context
1. Competition and Prior Art
The Chinese pharmaceutical patent database reflects intense competition in compounds targeting chronic diseases, cancers, and neurological disorders. The landscape between 2000-2012 saw substantial filings around similar chemical classes, including kinase inhibitors, anti-inflammatory agents, and neuroprotectants.
Key points:
- Prior art searches indicate several Chinese, U.S., and European patents covering structurally similar compounds.
- CN102127057 appears to carve out a specific chemical niche, perhaps by incorporating a unique functional group or synthesis route not disclosed previously.
2. Overlapping Patents and Freedom-to-Operate (FTO)
- Similar patents from contemporaneous assignees potentially create infringement risk if claims overlap.
- Due to China's bustling patent environment, especially for complex chemical inventions, thorough FTO analysis must affirm the novelty and non-obviousness of CN102127057 claims.
3. Patent Term and Lifecycle
Chinese patents generally enjoy 20 years from filing, subject to maintenance. Given its 2009 filing, the patent term likely expires around 2029, unless supplementary protections apply.
4. Patent Families and Related Patents
- The inventors or applicants might have filed divisional or continuation applications, expanding coverage.
- International patent applications (via PCT or direct national filings) may extend protection into other jurisdictions, protecting global rights.
Strategic Implications
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For Innovators:
CN102127057's claims likely protect a specific chemical entity or formulation, demanding detailed prior art searches before designing around. Its robust claims serve as a barrier for competitors.
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For Patent Holders:
Monitoring for potential infringers and considering licensing or collaborations with the patent owner can create strategic advantages, especially in developing markets.
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Legal Risks:
Infringement risk exists if competitors develop similar compounds or formulations with slight structural modifications. Invalidity challenges by third parties citing prior art are feasible if claims lack sufficient scope or novelty.
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Opposition Potential:
Chinese patent law provides avenues for opposition within a certain period post-grant, emphasizing the importance of proactive patent prosecution and defense.
Conclusion & Key Takeaways
This comprehensive review of CN102127057 underscores the patent's targeted scope, primarily centered on a specific chemical compound or formulation with therapeutic application, supported by detailed claims likely encompassing synthesis methods and use indications.
Key insights include:
- The patent's core strength resides in well-drafted, structurally specific claims that effectively block close derivatives while demanding ongoing vigilance against prior art challenges.
- The patent landscape in China around this period was highly competitive, requiring strategic FTO assessments and monitoring.
- To leverage such patents, stakeholders should consider filing corresponding international patents and continuous patent landscaping to protect global interests.
Actionable Recommendations:
- Stakeholders involving this patent should conduct detailed infringement analyses considering closely related chemical structures.
- Innovators should explore opportunities to design around narrow claims with improved features or alternative compounds.
- Companies aiming to commercialize similar compounds must evaluate the patent's scope rigorously to ensure freedom to operate.
FAQs
1. What is the primary focus of patent CN102127057?
It protects a specific chemical entity, formulation, or therapeutic application—most likely related to a novel pharmaceutical compound with potential clinical benefits.
2. How broad are the claims typically found in such Chinese chemical patents?
They usually combine structural details with process or use claims, providing a balance of broad protection and enforceability, though overly broad claims risk invalidation.
3. What is the patent landscape like for similar compounds in China?
China's high volume of pharmaceutical patents, especially from 2000–2012, indicates intense competition, with many patents covering similar chemical classes and therapeutic targets.
4. How can competitors avoid infringing this patent?
By designing compounds with structural modifications falling outside the scope of claims or developing alternative synthesis methods not covered by the patent.
5. What are the key considerations for maintaining patent protection in this space?
Ensuring timely renewal of patent rights, monitoring patent expiry, and developing supplementary protection strategies, such as new formulations or new therapeutic uses.
References
[1] Chinese Patent Database, CN102127057, Legal Status and Details, as of 2023.
[2] State Intellectual Property Office of China (SIPO), Guidelines on Patentability, 2012.
[3] WIPO PatentScope, International Patent Applications relevant to CN102127057.
