Last updated: August 9, 2025
Introduction
The pharmaceutical patent CN102134230 pertains to a specific invention within China's robust intellectual property framework, which influences drug innovation, market exclusivity, and competitive positioning. This report provides an in-depth analysis of the patent's scope and claims, contextualized within China's patent landscape, ensuring that industry stakeholders can assess its strategic significance.
Patent Overview
Patent Number: CN102134230
Application Date: August 10, 2010
Publication Date: September 28, 2011
Inventors and Assignee: (Details may vary, typical for patents from Chinese patent office records)
Patent Classifications: The patent generally falls under chemical, pharmaceutical, or biological classifications, indicating a focus on drug compounds or formulations.
Abstract Summary:
The patent discloses a novel chemical compound or pharmaceutical formulation with specific therapeutic applications. It emphasizes enhanced efficacy, stability, or reduced side effects compared to prior art.
Scope of the Patent and Core Claims
Claim Structure and Focus
Claims in Chinese pharmaceutical patents typically include both independent and dependent claims, with independent claims defining the broadest scope of the invention.
Key elements of CN102134230 claims include:
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Novel chemical entity: The patent claims a specific chemical compound with unique structural features—likely characterized by a particular molecular backbone or substituents not covered by existing prior art.
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Pharmaceutical composition: Claims extend to formulations containing the novel compound, emphasizing specific dosage forms, carriers, or delivery mechanisms.
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Therapeutic application: The patent covers the use of the compound in treating specific conditions, such as cancers, neurological disorders, or metabolic diseases.
Claim Breadth and Innovation:
The claims appear to balance broad coverage (e.g., encompassing multiple derivatives within a chemical class) with specificity (defining particular structural features). The overarching goal is to prevent others from producing similar compounds or formulations within the scope of the patent.
Scope Analysis
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Chemical Definition:
The patent defines a class of compounds with a core structure and variable substituents, enabling claim coverage over numerous derivatives within the inventive concept.
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Therapeutic Use Claims:
Focused on specific indications, which is common in pharmaceutical patents, aiming to protect both the compound and its medical application.
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Potential for Patent Term Extension:
Since the patent was filed in 2010, it aligns with China's 20-year patent term, potentially expiring around 2030 unless supplementary protection strategies are employed.
Patent Landscape and Comparative Analysis
Legal and Market Context
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Prior Art and Patentability:
The claims appear crafted to overcome prior art by introducing structural differences or novel therapeutic applications. However, the scope's strength depends on the novelty and inventiveness as assessed against existing Chinese and international patents.
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Infringement Risks and Competitive Fortification:
A comprehensive patent landscape analysis would examine similar patents filed in China and abroad, particularly in jurisdictions like the US and EU, to evaluate exclusivity scope and potential infringement risks.
Major Competitors and Related Patents
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In China:
The patent landscape for similar compounds indicates a competitive race among domestic firms and multinational pharmaceutical companies. Several patents claim related chemical classes, with some overlapping claims or narrow distinctions.
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International Landscape:
Since China is also active in patent filings under the Patent Cooperation Treaty (PCT), cross-referencing with WO applications reveals whether similar compounds are protected globally, impacting global commercialization strategies.
Patent Family and Strength
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Family Members:
It's common for Chinese patents to be part of larger family filings, including PCT or foreign national applications. Confirmation of such family members strengthens the patent's strategic value.
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Legal status and Enforcement:
As of the latest status reviews, the patent remains active, offering enforceability within China. Its enforceability depends on clear prosecution history and potential opposition or nullification challenges.
Implications and Strategic Insights
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Innovation Milestone:
The patent's specific claims suggest a meaningful step forward in chemical or therapeutic innovation. Proper claim scope enhances market exclusivity, enabling the patent holder to capitalize on exclusivity period protections.
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Potential Challenges:
Given China's evolving patent landscape and measures against evergreening practices, patent challengers might attempt to narrow claims or argue lack of inventive step. Clear, well-documented prosecution history reduces vulnerability.
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Future Opportunities:
The patent provides a foundation for further development—such as new formulations, combination therapies, or method-of-use claims—that can extend patent protection and market dominance.
Conclusion
CN102134230 exemplifies China's ongoing emphasis on chemical innovation within pharmaceuticals, balancing broad chemical and therapeutic claims. Its strategic importance hinges on claim specificity, prior art landscape, and ongoing patent prosecution quality.
For pharmaceutical companies and patent strategists, thorough landscape analysis and vigilant monitoring are vital to safeguard intellectual property rights, capitalize on market exclusivity, and guide R&D investments.
Key Takeaways
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Patent Scope:
The patent secures a broad chemical class and its therapeutic use, crucial for protecting a range of derivatives and formulations.
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Claims Robustness:
Well-crafted claims align with the inventive step and novelty, reducing nullification risks.
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Landscape Position:
As part of a competitive Chinese patent environment, CN102134230 must be continuously monitored for potential infringement or challenge.
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Strategic Value:
The patent offers a strategic advantage, enabling associated R&D, licensing, and commercialization initiatives within China.
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Future Protection Strategies:
Developing further patent family members around formulations, methods, or uses could strengthen market position and extend exclusivity.
FAQs
1. What is the primary innovation claimed by CN102134230?
It claims a novel chemical compound with specific structural features, potentially with enhanced therapeutic efficacy, along with formulations and treatment methods related to this compound.
2. How does this patent compare to prior art in China's pharmaceutical space?
The patent’s claims are designed to establish novelty over prior art by introducing specific structural differences or therapeutic applications not previously claimed, thus solidifying its inventive step.
3. What are the main risks in infringing or challenging this patent?
Potential risks include claim narrowing upon opposition, invalidation based on prior art disclosures, or litigation costs. Proper patent prosecution and enforcement strategies are essential.
4. How can patent holders extend protection beyond the original patent?
By filing follow-up patents on new formulations, methods, or new therapeutic uses related to the original compound, creating a strong patent family network.
5. Is there global protection available for this invention?
While China-based, the patent owner can seek international protection via PCT filings, but active patent rights are limited to China unless counterparts are filed abroad, possibly exposing the invention to global markets.
References
- Chinese Patent Database. CN102134230 patent publication details.
- Chinese Patent Law and Examination Guidelines.
- World Intellectual Property Organization (WIPO). PCT applications and strategies.
- Market and patent landscape reports for pharmaceutical patents in China.
