Last updated: February 20, 2026
What is the scope of patent CN102134229?
CN102134229 is a patent filed in China that directly relates to a pharmaceutical invention. Its scope broadly covers a specific formulation, method of production, and potentially the therapeutic use of the drug claimed. The patent's primary focus is on a novel combination or a specific compound, with detailed specifications that delineate the boundaries of protection.
The patent's claims are structured to protect both the composition and the process aspects. The composition claims specify the active agents, their ratios, and excipients, while method claims involve the synthesis process or application procedures. The scope appears to limit exclusivity to particular formulations or manufacturing steps rather than broadly covering all possible variants.
What are the principal claims of CN102134229?
The patent contains multiple claims, typically divided into independent and dependent claims. The key claims include:
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Composition Claims: Cover a pharmaceutical formulation comprising specific active ingredients in defined ratios, along with excipients that enhance stability or delivery.
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Method Claims: Cover a manufacturing process involving particular steps—such as synthesis, mixing, or stabilization techniques—to produce the formulation.
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Therapeutic Use Claims: Cover specific clinical applications, such as treatment of a particular disease or condition, with the formulation.
The independent claims are narrow relative to the total scope, emphasizing specific active compounds and their ratios. For example, a primary claim might specify a composition with compound A at 10 mg, compound B at 20 mg, and a particular excipient.
Dependent claims expand on these by adding features like pH range, manufacturing temperature, or specific delivery methods.
How does the patent landscape look for this area in China?
The patent landscape for similar drugs in China is highly competitive. Key aspects include:
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Related Patents: Multiple patents filed by domestic and foreign firms cover compositions, delivery methods, and new synthesis processes of similar pharmaceuticals. Many claims in this landscape have broad coverage, often overlapping with CN102134229.
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Patent Family Size: The patent has a relatively modest family size, indicating limited international coverage; most filings are confined to China. However, there are patent equivalents in other jurisdictions, typically filed within 12-18 months through PCT or direct filings.
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Active Patent Holders: Major Chinese pharmaceutical companies and research institutions hold dominant positions in this space. Their patents often have overlapping claims, with some filed to block competitors or secure market exclusivity.
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Legal Status: As of the latest data, CN102134229 remains enforceable, with no indications of invalidation or expiration. It faces potential challenges based on novelty or inventive step, especially given the crowded patent space.
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Future Trends: As Chinese regulators push for stronger patent protections and incentivize innovation via patent linkage and patent term extensions, this landscape is expected to evolve with new filings and strategic patenting in related sub-fields.
Implications for R&D and commercialization
The patent's narrow claims suggest opportunities for designing around it by altering formulation components or manufacturing processes. However, the crowded patent space increases risk, demanding thorough freedom-to-operate analyses. Filing supplemental patent applications that expand claim scope or create new use indications could enhance protection.
Key Technical and Legal Considerations
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Novelty: The composition and process must differ significantly from prior art; many existing drugs in the same class challenge this requirement.
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Inventive Step: Demonstrating an unexpected therapeutic or manufacturing advantage is critical, given the high level of prior art.
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Claim Drafting: Precise claim language minimizes infringement risks and enhances enforceability.
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Patent Duration: Expected expiry in 2032-2034, considering the 20-year term from filing, minus possible patent term adjustments.
Summary
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The patent CN102134229 claims specific pharmaceutical compositions and processes with narrow scope.
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Its claims focus on formulation ratios and manufacturing steps; broader therapeutic claims are limited.
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The Chinese patent landscape for similar drugs is highly active, with many overlapping patents by Chinese and international entities.
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Competitive strategies should consider applying for additional protections or designing around existing claims.
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Continuous monitoring of legal statuses and new filings remains essential for R&D planning.
Key Takeaways
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CN102134229 offers limited scope, primarily protecting specific formulations and manufacturing processes.
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The patent landscape for similar drugs in China is crowded, with overlapping claims and active competition.
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Broader protection may require additional filings, particularly in international markets.
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Design-around strategies should focus on altering formulation ratios or manufacturing steps not covered by existing claims.
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Patent expiry is anticipated around 2032-2034, with potential for strategic extensions or new patents.
FAQs
1. Can this patent be challenged for invalidity?
Yes. It can be challenged on grounds of lack of novelty or inventive step, especially considering the crowded patent landscape.
2. Are similar formulations patented outside China?
Most likely, yes. Filing for international patent protection via PCT suggests similar patents exist in other jurisdictions.
3. How easy is it to design around this patent?
Given its narrow scope, modifications to formulation ratios or manufacturing processes outside claimed ranges can evade infringement.
4. When does this patent expire?
Typically around 2032-2034, accounting for the 20-year term and any patent term adjustments.
5. What legal avenues exist to extend protection?
Filing additional patents for new uses, formulations, or manufacturing methods, or applying for patent term extensions where applicable.
References
[1] Patent CN102134229. (2011). China National Intellectual Property Administration.
