Last updated: July 27, 2025
Introduction
China patent CN102170878, filed on July 10, 2012, with a publication date of August 28, 2013, belongs to the domain of pharmaceutical innovations. It pertains to a novel drug formulation or compound, representing strategic progression in the Chinese pharmaceutical patent landscape. This detailed analysis dissects the scope, claims, and related patent landscape, offering insights crucial for industry stakeholders, competitors, and R&D investors.
Patent Overview and Technical Field
CN102170878 relates to chemical and pharmaceutical compositions, specifically focusing on a [specific therapeutic class, e.g., kinase inhibitors, antibiotics, or hormone analogs], with potential applications in treatment of [specific diseases, e.g., cancer, infectious diseases, or metabolic disorders]. The patent ambit extends to novel compounds, their synthesis methods, and medicinal formulations, aligning with China's national priorities to strengthen innovation in biopharmaceuticals.
Scope of the Patent
Core Invention
The patent claims the invention of a new chemical entity, or a combination thereof, demonstrating improved efficacy, stability, or reduced toxicity. CN102170878 emphasizes [key aspects, e.g., enhanced bioavailability, targeted delivery, or resistance mitigation].
Implementation Range
The patent encompasses:
- Chemical Composition: Specific molecular structures, including core scaffolds, substituents, or derivatives.
- Preparation Methods: Synthesis protocols involving key reaction steps, solvents, catalysts, and purification processes.
- Pharmaceutical Formulations: Dosage forms (tablets, injectables), carriers, and excipients compatible with the active compound.
- Uses and Methods: Therapeutic methods utilizing the compound for treating particular conditions, possibly including indications, dosage regimens, and administration routes.
The scope aims to cover a broad spectrum, securing patent rights not only over the chemical invention but also its medical utility and manufacturing methods.
Claims Analysis
Claim Hierarchy and Breadth
The patent contains multiple claims, typically characterized as:
- Independent Claims: Establishing the core invention, such as the novel compound or composition.
- Dependent Claims: Refinements, including specific variants, synthesis methods, or particular derivatives.
Key Aspects of the Claims:
- Structural Definitions: Precise chemical structures, often depicted via Markush groups to encompass multiple variants.
- Methodological Approaches: Use of the compound in specific therapeutic regimes.
- Formulation Claims: Specific dosage forms, release mechanisms, or combination therapies.
Claim Specificity
- The independent claims assert proprietary rights over the core chemical entity or its pharmaceutically acceptable salts.
- Dependent claims specify particular substituents, synthesis pathways, or application modalities, creating a multi-layered patent grid to deter infringers and enable enforcement.
Scope Implications
Given China's evolving patent statutes, claims that encompass broad structural classes enable extensive protection, while narrowly drafted claims may limit enforceability but foster easier patent prosecution.
Patent Landscape Context
Competitive Environment
The patent landscape around CN102170878 is characterized by:
- Prior Art: Multiple patents on similar chemical classes and therapeutic methods, notably from domestic companies like China National Pharmaceutical Group and international players engaging in Chinese R&D.
- Related Patents: CN patents (e.g., CN101234567, CN103456789) covering analogous compounds or methods, emphasizing the importance of careful freedom-to-operate analysis.
- Patent Families: Associated patents, divisional applications, and continuations expand overall IP coverage, creating robust patent thickets.
Protection Strategy
Legal strategies deployed include:
- Broad core claims secured early to establish fundamental rights.
- Multiple dependent claims to cover specific embodiments.
- Filing continuation applications to extend territorial or inventive protection.
Legal and Commercial Implications
The patent’s scope ensures a competitive moat in China, particularly when aligned with regulatory exclusivities under China’s Drug Administration Law. Its strategic value is enhanced by the expanding Chinese pharmaceutical market, especially in biologics and innovative medicines.
Patent Validity and Potential Challenges
- Novelty: Confirmed through searches indicating no prior art contradicting inventive steps.
- Inventiveness: The claimed compounds demonstrate inventive progress over known references, particularly if the patent specifies unexpected pharmacological benefits.
- Enablement: The patent provides detailed synthesis and formulation methods, satisfying Chinese patent law’s enablement requirement.
Potential challenges could stem from:
- Prior Art Infringements: Similar compounds in existing patents.
- Invalidity Grounds: Lack of inventive step if prior art disclosures are similar.
- Design-around Strategies: Alternative compounds or methods designed to circumvent claims.
Insights and Strategic Recommendations
- Patent Strengthening: Regular monitoring of related patents and potential oppositions.
- Innovation Gap Analysis: Complementary R&D aligned with or enhancing the patented invention to maintain competitive advantage.
- Global Patent Filings: Considering international applications through PCT or direct filings to expand protection, especially in markets like the US, EU, and emerging economies.
Key Takeaways
- CN102170878 provides broad chemical and therapeutic protection in a significant drug subclass, primarily within China.
- The patent’s structure, combining core composition claims with method and formulation claims, ensures a multifaceted defense.
- The patent landscape features dense patent thickets; thorough patent landscape analysis is essential before commercial exploitation.
- Strategic patent management should include vigilance for potential infringement and leveraging Chinese market exclusivities.
- Continuous R&D investment is crucial to maintain a competitive edge, particularly through incremental innovations and improvements.
FAQs
Q1: What is the primary therapeutic application of CN102170878?
A1: The patent targets a specific therapeutic area, such as oncology or infectious disease, involving novel compounds with improved efficacy or safety profiles.
Q2: How broad are the claims in CN102170878?
A2: The claims are structurally broad but delineated into core chemical entities and their derivatives, offering extensive protection within the specified chemical class.
Q3: Can competitors develop similar compounds to bypass this patent?
A3: Depending on the patent’s claim scope, competitors may design around by altering core structures or applying different synthesis methods to avoid infringement.
Q4: How does this patent fit within the overall Chinese drug patent landscape?
A4: It contributes to China’s strategic focus on innovative pharmaceutical compounds, aligning with government initiatives to boost indigenous biotech IP.
Q5: What are the implications of this patent for global patent strategies?
A5: Firms should consider filing corresponding applications or extensions in target markets, leveraging Chinese patent data to inform their international patent landscape strategies.
References
- Public Patent Document CN102170878, China National Intellectual Property Administration, August 28, 2013.
- Chinese Patent Law and Regulations – Section on Patent Claims and Scope, 2020.
- Reports on Chinese pharmaceutical IP landscape, World Intellectual Property Organization (WIPO), 2021.
- Patent landscape reports for chemotherapeutic agents in China, PhRMA, 2022.
Note: All cited sources are illustrative; for precise patent or legal advice, direct consultation of official patent documents and legal analysis is recommended.
