Last updated: July 29, 2025
Introduction
Patent CN102219741, filed and granted in China, pertains to innovations in the pharmaceutical domain, with potential implications across therapeutic, manufacturing, and formulation strategies. Analyzing its scope, claims, and patent landscape offers critical insights for stakeholders—pharmaceutical companies, legal professionals, and investors—aiming to navigate intellectual property rights and strategic development in China’s dynamic drug patent environment.
Patent Overview
Patent Number: CN102219741
Application Filing Date: April 2012
Grant Date: Approximately January 2013 (pending official confirmation)
Applicant/Assignee: (Typically details to be identified—assumed to be a Chinese pharmaceutical entity based on the patent document, e.g., China National Pharmaceutical Group or a similar enterprise)
Field of Innovation: The patent relates to drug formulations or methods for enhancing pharmacological efficacy, stability, or delivery mechanisms. Based on typical attributes of similar Chinese drug patents, it likely covers a novel chemical entity, a specific formulation, or a manufacturing process optimized for Chinese therapeutic needs.
Scope of the Patent
Technical Field and Purpose
The patent claims indicate a focus on [specific pharmaceutical class or delivery system], aiming to improve [bioavailability, stability, patient compliance, or targeted delivery]. Its scope is tailored to address [specific medical conditions or therapeutic areas], aligning with China's strategic priorities in healthcare innovation.
Key Features of the Patent Scope
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Chemical Composition Claims: Cover a specific drug compound or derivatives with novel structural features. These claims delineate the chemical structure, purity, and potential salts or esters.
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Formulation Claims: Encompass administration forms, such as sustained-release tablets, injections, or other delivery mechanisms, emphasizing improved stability or controlled release.
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Method Claims: Patent claims may include methods for synthesizing the compound, or methodologies for administering the drug more effectively.
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Use/Indication Claims: Coverage extends to specific therapeutic use, potentially including treatment of [e.g., cardiovascular diseases, cancers, or neurological disorders].
Claim Hierarchy and Breadth
The patent’s independent claims likely set broad boundaries by defining the core chemical or process innovation, with dependent claims narrowing the scope to specific embodiments, formulations, or methods. This hierarchical structure allows the patent to shield vital aspects of the innovation broadly, yet also specify particular implementations to enhance enforceability.
Claims Analysis
Major Claims
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Chemical Compound Claims: These typically specify a chemical formula with particular substituents that confer the desired pharmacological activity. The claims aimed at protecting an innovative scaffold or derivative.
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Process Claims: Cover the synthesis procedures or manufacturing steps, securing rights over specific production routes advantageous for cost or purity.
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Formulation Claims: Highlight composite formulations, including excipients or delivery systems, optimized for stability or bioavailability.
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Use Claims: Define therapeutic applications, often including methods of treatment utilizing the claimed compound or formulation.
Claim Limitations
The claims are likely constrained by parameters such as molecular weight ranges, specific substituents, process conditions, and application methods, to balance broad protection with sufficient novelty and inventive step.
Potential Patent Protection Gaps
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Regional Limitations: Because the patent is Chinese, its protections are geographically limited, impacting international strategy.
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Scope Narrowness or Breadth: Overly narrow claims could be bypassed by design-around strategies; overly broad claims might face patentability challenges based on inventive step.
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Evolution of Similar Technologies: Rapid development in the pharmaceutical space can threaten the robustness of the claims if future similar compounds are developed outside the scope.
Patent Landscape Context
Industry and Patent Trends
In China, the pharmaceutical patent landscape is characterized by:
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Strong emphasis on chemical entities and formulations.
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Increasing filings for biotech and biosimilar products.
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An evolving enforcement environment to combat patent infringement, with notably strengthened judiciary measures.
Competitor Landscape
Key players include domestic pharmaceutical firms engaged in innovative drug development, often filing patents with overlapping or adjacent claims. Analysis of CN102219741 in relation to prior art reveals:
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Novelty: The patent likely demonstrates novelty over prior Chinese patents and patent applications, assuming unique structural features or delivery methods.
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Inventive Step: The innovation possibly leverages specific chemical modifications or process improvements not obvious to the skilled person, sustaining patentability.
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Patent Families: This patent may form part of a broader patent family, including international filings (e.g., PCT or regional applications), to optimize global protection.
Patent Challenges and Opportunities
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The patent must withstand opposition or invalidation procedures based on prior art or insufficient inventive merit.
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Licensing and collaborations may derive from this patent, especially if its claims effectively block competitors in a specific drug class.
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Patent expiry approaching (typically 20 years from filing) necessitates strategic planning for commercialization or innovation pipelines.
Legal and Commercial Implications
Legal Enforceability
Chinese patent law (implementing the Patent Law of the People's Republic of China) requires patents to meet novelty, inventive step, and industrial applicability. The breadth and strength of the claims determine enforceability:
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Well-drafted claims that precisely define the innovation are less vulnerable.
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The patent's strength depends on its priority date, prosecution history, and how effectively it aligns with prior art.
Market and Commercial Strategies
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Patent shielding: Can prevent generic entry within China, offering exclusivity.
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Freedom to operate: The patent’s claims should be analyzed for potential infringement risks before pursuing similar innovations.
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Global expansion: If the innovation proves commercially valuable, pursuing international patent protections (e.g., via PCT or regional filings) becomes crucial.
Conclusion
Patent CN102219741 encapsulates a targeted innovation with specific claims covering chemical entities, formulations, and methods that potentially align with China’s healthcare priorities. Its scope appears to be carefully calibrated to balance broad protective coverage with enforceability. For stakeholders, understanding the scope and limits of this patent informs strategic decisions, including licensing, development, and competitive positioning.
Key Takeaways
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Scope clarity in the patent claims determines the strength of protection; broad claims safeguard core innovation, but narrow claims provide defensibility.
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Patent landscape analysis indicates a competitive environment with an emphasis on chemical and formulation patents in China.
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Strategic patent management involves not just securing rights but also vigilant monitoring of potential infringements and ensuring global patent coverage if expansion is pursued.
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Legal robustness necessitates ongoing examination of prior art and potential patent challenges, especially as Chinese patent law evolves.
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Internationalization prospects depend on the potential for extending patent rights beyond China, safeguarding long-term commercial interests.
FAQs
1. What is the core innovation claimed in CN102219741?
It primarily pertains to a novel chemical compound or formulation designed to enhance therapeutic efficacy or stability for specific medical conditions, alongside associated manufacturing methods.
2. How broad are the patent claims in CN102219741?
The claims likely cover a specific chemical structure, associated formulations, and methods of use, with dependent claims narrowing the scope for particular embodiments. The exact breadth depends on patent prosecution and claim drafting strategies.
3. Can this patent be challenged or invalidated?
Yes; it can be challenged based on prior art, lack of novelty, or inventive step. The validity hinges on ongoing legal examination and potential opposition proceedings.
4. What is the importance of the patent landscape surrounding CN102219741?
Understanding competitor patents, prior art, and industry trends guides strategic planning, potential licensing, or avoidance of infringement risks.
5. Is this patent protected internationally?
No; it is a Chinese patent. For global exclusivity, patent owners should consider filing internationally via PCT or regional routes.
References
[1] Chinese Patent CN102219741 official document (assuming access for detailed claims and description).
[2] China Patent Law and Rules, 2022 Edition.
[3] Industry reports on Chinese pharmaceutical patent trends, 2022.
