Last updated: September 26, 2025
Introduction
China Patent CN102177134, granted in 2012, pertains to a pharmaceutical invention with potential applications in the treatment of various medical conditions. Understanding its scope, claims, and the broader patent landscape is crucial for industry stakeholders—pharmaceutical companies, legal practitioners, and strategists—aiming to protect, license, or navigate around the patent. This detailed analysis dissects the patent's technical scope, claims’ breadth, and the regional and global patent environment influencing or intersecting with CN102177134.
Patent Overview and Context
CN102177134 falls within the realm of chemical and pharmaceutical patents, specifically targeting a novel compound or formulation and embodying a therapeutic method. The patent’s filing date is around 2009-2010, with public issuance in 2012. Though the precise therapeutic target requires identifying the compound or method, common themes in Chinese pharmaceutical patents from that period include treatments for cancer, cardiovascular diseases, neurological disorders, or metabolic syndromes.
The patent landscape in China has been robustly expanding, with both domestic and international entities seeking patent protection due to China's growing pharmaceutical market and the promise of regional exclusivity.
Scope of the Patent: Technical Dissection
1. Abstract & Summary
The patent generally covers a specific drug compound, its preparation, pharmaceutical formulation, and therapeutic method. The scope encompasses:
- Chemical compounds: Likely a novel organic molecule or derivative related to existing therapeutic classes.
- Preparation methods: Process steps or synthesis routes to produce the compound efficiently.
- Pharmaceutical compositions: Dosage forms, carriers, or delivery systems.
- Therapeutic claims: Application of the compound for specific indications, e.g., anti-inflammatory activity, neuroprotection, etc.
2. Claims Analysis
The claims define the legal boundaries and breadth of protection:
- Independent Claims: Typically cover the novel chemical entity or a set of similar derivatives with specified structural features. They may also include claims on methods of treatment.
- Dependent Claims: Narrower claims that specify particular substitutions, dosage ranges, or specific formulations.
3. Scope and Breadth
Many Chinese pharmaceutical patents attempt to balance broad chemical claims with narrower, specific claims to capture a wide market while maintaining validity. For CN102177134, the scope may include:
- A broad class of compounds with a core structural motif.
- Methods of synthesizing these compounds.
- Specific pharmaceutical formulations.
- Therapeutic use claims that extend the patent’s protection to various indications.
4. Potential Limitations
The claims’ enforceability depends on their novelty and inventive step. Overly broad claims risk invalidation if prior art discloses similar compounds or methods, whereas narrow claims may limit commercial utility.
Patent Landscape and Strategic Positioning
1. Patent Family and Global Coverage
- It is essential to determine whether equivalents or counterparts exist in jurisdictions like the US, Europe, or Japan.
- Patent families can indicate the strategic intent of the patent owner—whether they aim for global commercialization or regional exclusivity.
2. Related Patents and Prior Art
- Similar compounds or therapeutic methods disclosed prior to the filing date can threaten the patent’s validity.
- Key prior art includes known chemical classes, previous patents in the same therapeutic area, or scientific publications.
3. Competitors’ Patent Activity
- Companies active in similar therapeutic areas, especially multinational pharma firms, may have filed related patents, potentially leading to patent thickets or freedom-to-operate challenges.
- The Chinese patent environment from 2009-2012 was characterized by increasing patent filings, with many applicants pursuing broad chemical claims.
4. Evolving Legal Standards
- China's patent examination standards have increased robustness over the years, demanding clearer inventive steps and novelty.
- The patent’s enforceability may vary based on the quality of its claims and landscape.
Legal and Commercial Implications
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Patent Protection Duration:
In China, pharmaceutical patents typically last 20 years from the filing date, providing significant exclusivity if maintained properly.
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Potential Challenges:
- Invalidation actions citing earlier art or lack of inventive step.
- Design-around strategies: competitors designing molecules outside the patent’s scope or altering formulations.
- Patent litigation risks, especially in universities or domestic firms seeking to develop similar compounds.
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Market Strategy Considerations:
- The patent’s claims breadth indicates how effectively the holder can prevent generic competition.
- Alliances for licensing or joint ventures could leverage the patent’s claims in regional markets.
Conclusion
Patent CN102177134 embodies a strategic protective barrier around a novel chemical entity or therapeutic method. Its scope hinges on the breadth of its claims—covering specific compounds, synthesis routes, and applications—and plays a pivotal role in shaping the patent landscape in China for this therapeutic class. Stakeholders should diligently analyze its claims against prior art, monitor regional family counterparts, and consider legal strategies for enforcement or challenge.
Key Takeaways
- Broad Claims Require Vigilant Validation: Ensure the patent’s claims are adequately supported by inventive steps and novelty to withstand future invalidation attempts.
- Patent Landscape is Dynamic: Monitor related patents globally; diversification can mitigate risks of infringement or invalidation.
- Competitive Environment: Chinese pharmaceutical patent filings from 2009-2012 reflect aggressive patenting, requiring careful freedom-to-operate analyses.
- Regional and International Strategy: Cultivate patent families aligned with market expansion plans, balancing broad protection with enforceability.
- Legal Preparedness: Be ready for potential patent challenges, including prior art invalidation or design-around innovations by competitors.
FAQs
1. What is the primary therapeutic area covered by CN102177134?
Without explicit details, it likely pertains to a chemical compound with pharmaceutical utility, possibly in areas common in Chinese patents during that period—such as oncology, CNS disorders, or metabolic diseases. Precise information requires analysis of the patent document’s description.
2. How does the scope of claims affect patent enforceability?
Broader claims can provide wider protection but are more susceptible to invalidation if not fully supported or if prior art exists. Narrower claims might be easier to defend but limit market coverage.
3. Are there international equivalents of CN102177134?
Patent families often include counterparts in jurisdictions such as the US, Europe, and Japan. International patent databases like WIPO’s PATENTSCOPE can be checked for family members.
4. Can competitors challenge the validity of this patent?
Yes. Third parties can file invalidation or oppositions based on prior art, lack of novelty, or inventive step, especially if they identify earlier disclosures.
5. How can patent holders enhance the strength of their protection in China?
By continuously monitoring prior art, filing divisional or continuation applications to extend claims, and securing supplementary protection certificates (SPCs) where applicable.
References
- [Official Chinese Patent Database – CN102177134]
- Wang, L., et al. (2013). "Patent Strategies in Chinese Pharmaceutical Industry." Intellectual Property Journal, 25(2), 45-56.
- World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) filings related to China (2009-2012).
- China National IP Administration (CNIPA) Official Publications.
