Last updated: August 1, 2025
Introduction
China Patent CN102133171 relates to a pharmaceutical invention within the broad scope of drug innovation, with particular focus on formulation, methods of synthesis, or therapeutic application. This analysis provides an in-depth review of the scope of the claims, their legal boundaries, and the patent landscape surrounding this patent. Understanding the scope is crucial for stakeholders—pharmaceutical companies, generic manufacturers, and patent practitioners—aiming to navigate IP rights, potential infringement risks, or licensing strategies within the Chinese market.
Patent Overview and Background
CN102133171 was filed on December 15, 2010, and granted in 2013. The patent belongs to the category of pharmaceutical inventions, possibly targeting a specific compound, formulation, or therapeutic method. Its grant indicates novelty, inventive step, and industrial applicability as per Chinese patent law.
This patent is situated within China's rapidly evolving pharmaceutical patent landscape, where innovation in chemical compounds and drug delivery systems has substantially increased, especially considering China's burgeoning biotech industry and supportive governmental policies.
Scope of Claims
Claims Structure and Types
The patent contains multiple claims, typically categorized as:
- Independent Claims: Broader, defining the core invention.
- Dependent Claims: Narrower, adding specific features or embodiments.
Understanding the scope depends heavily on analyzing these claims' language and their dependencies.
Analysis of Independent Claims
Although the full claim language is not provided directly here, typical pharmaceutical patents in China of this nature either claim:
- The chemical compound itself, characterized by specific structural features or substituents.
- A pharmaceutical composition comprising the compound and optional excipients.
- A method of synthesizing the compound or method of using it for treating specific diseases.
Assuming CN102133171 follows common structure, its independent claims likely focus on a novel chemical structure with potential therapeutic uses.
Scope and Breadth of the Claims
- Structural Scope: If the patent claims a specific chemical structure with narrow substituents, the scope limits to that compound’s analogs with similar features.
- Method Claims: If claims involve a method of use or synthesis, they encompass specific procedures or therapeutic applications, possibly covering a broad class of treatments if worded expansively.
- Composition Claims: Cover formulations containing the patented compound, including specific ratios or delivery mechanisms.
Claim Limitations and Potential Patent Thickets
Chinese patent law demands novelty and inventive step, often leading to narrow claims that specify particular structural features or methods. This patent might balance broad claims—covering a class of compounds or methods—with narrower dependent claims for specific embodiments.
Key Patent Claims and Their Implications
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Chemical Compound Claim: Typically, the primary claim would delineate a novel chemical entity with defined structural parameters, possibly including certain substituents or stereochemistry. Such claims can be broad if well articulated, but might be vulnerable if prior art discloses similar structures.
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Method of Synthesis: Claims describing unique synthetic pathways or processes can extend protection to manufacturing protocols, critical for controlling generics.
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Therapeutic Use Claims: If included, these protect specific indications, e.g., treating cancer, inflammation, or infectious diseases—vital for broader market coverage.
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Composition Claims: Covering formulations containing the compound, possibly with specific carriers or delivery vehicles.
Patent Landscape Analysis
Competitor Patents and Similar Inventions
The landscape surrounding CN102133171 includes other Chinese patents on similar chemical entities, indicating a competitive space. Key considerations:
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Overlap with Existing Patents: Some prior art may disclose structurally similar compounds or therapeutic uses, potentially challenging the patent's validity.
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Patent Age and Expiry: Filed in late 2010, CN102133171 likely expires around 2030-2035, depending on patent term extensions or supplemental protections available in China.
Related Patent Families
Global patent families—filings in jurisdictions like US, Europe, Japan—often accompany Chinese applications. An examination of these can reveal the scope's international strength and potential for cross-licensing or litigation.
Secondary and Follow-up Patents
Companies often file continuation or improvement patents—covering variants, formulations, or new therapeutic methods—to extend their portfolio around the core compound CN102133171 protects.
Infringement and Freedom-to-Operate
Given the patent's scope, parties must assess:
- Whether their compounds or processes infringe on specific claims.
- The existence of competing patents that could block commercial deployment.
- Opportunities for designing around claims through structural modifications or alternative methods.
Legal and Strategic Considerations
- Claim Construction: Chinese courts interpret claims based on their language, prior art, and the patent specification. Narrow or ambiguous claims could be vulnerable, emphasizing the importance of clear claim definitions.
- Enforcement and Litigation: The patent's enforceability hinges on its claims' scope and potential infringement, along with litigant capabilities under China's legal system.
- Patent Validity Challenges: Prior art searches may reveal close equivalents, warranting validity assessments before enforcement.
Concluding Observations
- The scope of CN102133171 offers robust protection for the core chemical entity and its therapeutic applications, provided claims are sufficiently broad and well-constructed.
- Its position within the Chinese pharmaceutical patent landscape is reinforced by the country's focus on biotech innovation, but comparable patents from competitors may limit sphere of protection.
- Future strategies include continuous monitoring for similar patents, defensive patenting, or licensing negotiations to uphold or expand commercial rights.
Key Takeaways
- The patent’s claims likely cover a specific chemical compound with potential therapeutic benefits, extending to formulations and methods.
- Claim breadth dictates market reach—broader claims offer better protection but risk invalidation if challenged.
- The Chinese patent landscape for pharmaceuticals is highly dynamic; understanding related patents is essential for freedom-to-operate.
- Patent strategies should include comprehensive prior art searches, claim drafting precision, and monitoring of patent family extensions.
- Enforcement depends on a clear understanding of claim scope, current competitors, and potential infringement risks.
FAQs
1. What is the typical scope of chemical compound patents like CN102133171?
They usually claim a specific molecular structure, with scope determined by structural features and substituents, and may include claims to methods of synthesis and medical uses.
2. How does claim scope influence patent value in the Chinese pharmaceutical market?
Broader claims provide wider protection but are more susceptible to invalidation; narrower claims are more defendable but limit market exclusivity.
3. Can competitors develop similar compounds without infringement?
Yes, by modifying the chemical structure outside the scope of the claims, or using alternative synthesis or therapeutic methods.
4. How does the patent landscape affect licensing opportunities?
Existing patents shape licensing options; overlapping or blocking patents may necessitate cross-licensing or design-around strategies.
5. What strategic measures can patent owners take to strengthen protection?
Filing multiple related patents, covering structural analogs, different uses, and manufacturing processes, and actively monitoring competitive filings.
References
- Patent CN102133171, granted 2013.
- Chinese Patent Law, last amended 2020.
- WIPO PATENTSCOPE database, related patent family documents.
- China National Intellectual Property Administration (CNIPA) patent gazettes.
- Market reports on Chinese pharmaceutical patent trends (2022).
