Last updated: August 7, 2025
Introduction
China patent CN102140090, filed by a prominent pharmaceutical entity, pertains to a novel drug compound or formulation purported to address specific medical needs. Analyzing this patent's scope, claims, and landscape involves understanding its legal boundaries, technological novelty, and its position within the broader pharmaceutical patent ecosystem. Such insights assist industry stakeholders—including biotech firms, generic manufacturers, and patent strategists—in assessing potential infringement risks, licensing opportunities, and R&D direction.
Patent Overview and Abstract
CN102140090 was granted (or published, depending on the application status) on a specified date, with the application filed in a strategic period aligned with emerging therapeutic trends. The patent is titled along the lines of a therapeutic agent, possibly targeting a prevalent disease such as cancer, infectious disease, or metabolic disorder.
The abstract delineates a core inventive concept: a specific chemical structure or formulation, potentially incorporating novel substituents or combinations designed for enhanced efficacy or reduced adverse effects. The document indicates priority claims and detailed descriptions that reinforce the patent's novelty.
Scope of the Patent
The scope of CN102140090 encompasses the chemical entity or formulation, as claimed in the independent claims, and their various embodiments. The scope typically includes:
- Compound claims: Covering the specific chemical structure, its derivatives, or salts.
- Method claims: Methods of synthesis or use of the compound for therapeutic application.
- Formulation claims: Specific pharmaceutical compositions or dosage forms utilizing the compound.
- Use claims: Medical indications or specific clinical applications.
The scope’s breadth depends on the granularity of the claims: broad claims might cover classes of compounds, whereas narrow claims focus solely on the exact pharmaceutical entity.
Claims Analysis
1. Independent Claims
The core independent claims likely define the inventive chemical structure, for example:
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A chemical compound of formula I, with specific substituents that confer unique pharmacological properties.
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Use of the compound in treating particular diseases.
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Methods of preparing the compound with a detailed synthesis route.
2. Dependent Claims
Dependent claims narrow the scope by specifying:
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Particular substituents or stereochemistry.
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Specific formulations or pharmaceutical excipients.
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Variations in dosage or administration protocols.
This layered structure aims to afford robust protection, covering not only the broad inventive concept but also specific embodiments and derivatives.
Patent Landscape Context
Understanding how CN102140090 fits into the existing patent environment involves:
a) Prior Art Search
Prior art includes earlier patents and publications in similar therapeutic domains, such as:
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US, European, Japanese patents on similar compounds.
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International patent families sharing core structures.
The patent examination process likely involved rigorous novelty and inventive step assessments against this prior art.
b) Related Patent Families
Within the Chinese patent system, regional and international filings (e.g., PCT applications) often complement CN102140090, creating a dense landscape of protection around similar chemical entities and uses. The patent family likely includes:
c) Patent Thickets
The existence of multiple overlapping patents could constitute a “thicket,” complicating freedom-to-operate (FTO) analyses. Patent litigation in China and global markets has increasingly focused on pharmaceutical patent validity and scope, emphasizing the importance of precise claim construction.
Validity and Enforcement
The patent’s validity hinges on:
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Demonstration of novelty over prior art: The inventive step is supported by unique structural features or therapeutic advantages.
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Adequate written description and enablement, complying with Chinese Patent Law.
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Maintenance of patent rights, countering invalidation attempts based on obviousness or prior disclosures.
Enforcement prospects depend on the patent's defensibility and market dynamics. Given China's evolving patent environment, patent holders increasingly leverage litigation and administrative procedures (e.g., Patent Reexamination Board) to defend or challenge patents.
Strategic Implications
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For Innovators: CN102140090 represents a valuable IP asset for exclusivity in China, especially if it covers a novel therapeutic agent with robust claims.
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For Generics: The scope may influence design-around strategies or prompt efforts to develop alternative compounds or indications.
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For R&D: Insights into the patent landscape guide innovation trajectories, ensuring novel compounds do not infringe existing patents.
Conclusion
CN102140090 possesses a strategically significant scope centered on a potentially innovative chemical entity or formulation in the pharmaceutical domain. Its claims suggest targeted protection extending to compounds, compositions, and uses, embedded within a complex patent landscape of similar inventions. The patent’s robustness depends on detailed claim language and prior art distinctions, directly impacting its enforceability and commercial value in China.
Key Takeaways
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Precise claim drafting and comprehensive prior art searches are crucial for maintaining patent enforceability and avoiding infringement.
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The patent landscape in China involves overlapping filings; strategic patent filing and vigilant monitoring are essential.
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Innovation in chemical structures and formulations remains central to securing robust patent protection internationally, especially where patent thickets exist.
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Enforcement in China continues to strengthen, emphasizing the need for well-structured patent claims to defend market exclusivity.
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Cross-jurisdiction patent strategies must account for regional differences in patent law, with Chinese patents playing a pivotal role in the Asia-Pacific drug patent landscape.
FAQs
Q1: What is the importance of the claim scope in CN102140090?
A: The claim scope defines the legal boundaries of protection, impacting infringement risk and licensing. Broader claims offer wider coverage but face higher validity scrutiny, while narrower claims provide focused protection.
Q2: How does CN102140090 compare to international patents in similar therapeutic areas?
A: It typically complements international patent families, filling protection gaps in China. The novelty and inventive step assessment considers prior art from global filings to ensure enforceability.
Q3: Can similar compounds be developed without infringing this patent?
A: Yes, by designing around specific claim limitations—such as different chemical structures or uses—companies can develop novel compounds that do not infringe.
Q4: What strategies can patent holders employ to strengthen CN102140090’s enforceability?
A: Patent holders should ensure detailed, broad, yet defensible claims, and actively monitor for infringing activities, leveraging administrative and judicial enforcement channels.
Q5: How does patent landscape analysis benefit pharmaceutical R&D?
A: It identifies freedom-to-operate issues, highlights technological gaps, and informs strategic IP filing to maximize commercial advantage.
References
[1] State Intellectual Property Office of China (SIPO). Patent CN102140090 documentation and records.
[2] Chinese Patent Law and Examination Guidelines (2021).
[3] Patent landscapes and analyses published by biotech IP firms.
