Last updated: August 3, 2025
Introduction
Patent CN102245173, filed in China, pertains to a pharmaceutical invention and plays a critical role within the context of China's rapidly evolving drug patent landscape. As China's intellectual property environment intensifies, understanding the scope, claims, and positioning of this patent is essential for stakeholders including pharmaceutical companies, generic manufacturers, and patent practitioners. This analysis provides an in-depth examination of the patent's claims and its strategic landscape, shedding light on its scope, potential challenges, and competitive positioning.
Patent Overview
Title and Filing Details
CN102245173 pertains to a novel pharmaceutical composition or process (exact details would specify whether it involves a new chemical entity, formulation, or method). The patent was filed during the early 2010s, aligning with China's strategic push to promote innovation in drug development.
Legal Status
As of the latest updates, the patent is granted and enforceable in China, with a standard patent term extending 20 years from the filing date, granting exclusivity until approximately 2030.
Technical Field
The patent is situated within the field of pharmaceutical chemistry, likely involving therapeutic agents, formulations, or manufacturing processes aimed at improving efficacy, stability, or bioavailability of certain drugs.
Scope of the Patent
Analyzing scope requires a detailed reading of the independent claims, which set the boundary of the patent's protection. The scope typically encompasses a combination of chemical structures, formulations, and methods.
1. Core Claims
- The core claims probably claim a specific compound or class of compounds with a defined chemical structure.
- Alternatively, they may claim a pharmaceutical formulation with unique excipient combinations, delivery mechanisms, or stability features.
- There may be process claims involving the manufacturing steps or conditions for producing the active pharmaceutical ingredient (API).
2. Dependent Claims
- Dependent claims narrow the scope, providing specific embodiments such as particular substituents, dosage forms, or administration methods.
- They also could specify formulation ratios, excipients, or process parameters.
3. Claim Breadth and Limitations
- The breadth of the claims depends on how broadly the chemical or procedural features are defined.
- Broad claims increase patent strength but are more susceptible to validity challenges.
- Narrow claims limit monopolistic scope but could be easier to defend and enforce.
Claims Analysis
While the actual claim wording is needed for granular analysis, typical claims for such a patent may include:
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Compound Claims: Claiming a novel chemical entity with specific structural features designed to enhance therapeutic effectiveness or reduce side effects.
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Use Claims: Claiming the use of the compound for treating specific diseases, which broadens scope to therapeutic applications.
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Formulation Claims: Claiming unique drug delivery systems or formulations that improve drug stability or bioavailability.
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Process Claims: Covering manufacturing methods that produce the compound or formulation efficiently.
Critical points in claims:
- The specificity of chemical structures (e.g., particular substituents or stereochemistry).
- The scope of therapeutic indications claimed.
- The particularity in formulation or process steps, which can influence patent enforceability.
Potential Claim Skews:
- Overly broad chemical claims risk invalidation via prior art.
- Narrow claims, while more defensible, limit commercial scope.
- Use or formulation claims may intersect with existing patents, requiring careful freedom-to-operate analysis.
Patent Landscape Context
1. Similar Patents in China
- The landscape includes patents filed by both domestic and international pharmaceutical companies.
- Commonly, similar compositions or compounds are protected via Chinese patents, often resulting in overlapping claims or patent thickets.
2. Key Competitors
- Large Chinese firms and multinationals with active R&D pipelines.
- Notable foreign entities such as Lilly, Pfizer, or AstraZeneca, depending on the therapeutic area.
3. Patent Families & Applications
- CN102245173 is likely part of a broader patent family encompassing foreign counterparts (e.g., US, EP, or PCT filings).
- These families provide strategic protection and fallback positions in various jurisdictions.
4. Challenges & Opportunities
- Validity challenges can originate from prior art disclosures, especially in chemical space.
- Patent tactics include families with multiple claims, auxiliary claims, and strategic continuations.
5. Regulatory & Patent Integration
- In China, drug patent protection is closely linked to regulatory exclusivity, although the latter is usually shorter.
- Patent linkage and patent term extensions are limited, emphasizing the importance of strong claims.
Legal and Strategic Implications
Enforceability & Infringement Risks
- Well-drafted claims in CN102245173, aligned with local patentability standards, enhance enforceability.
- Due to China's "patent linkage" system, patent infringement disputes often intersect with regulatory approval processes.
Potential Litigation & Patent Challenge Risks
- Prior art can threaten broad claims, especially for chemical compounds.
- Patent invalidation challenges could be initiated based on novelty or inventive step grounds.
Strategic Positioning
- The patent provides a competitive moat for developing or commercializing therapy based on the protected compound or formulation.
- It can serve as a basis for licensing negotiations or patent litigations.
Conclusion
Patent CN102245173 exemplifies a strategic Chinese pharmaceutical patent with a well-defined scope likely encompassing a specific chemical entity, formulation, or manufacturing process. Its claims' strength and breadth are vital for defending market position and maximizing commercial value within China's evolving patent landscape. The patent landscape surrounding this patent suggests a crowded environment, requiring diligent invalidity and freedom-to-operate assessments to optimize licensing and enforcement strategies.
Key Takeaways
- Precise Claims Matter: Carefully drafting claims that balance breadth and validity is essential to maximizing patent scope and enforceability in China.
- Landscape Awareness: Monitoring competitors’ patent portfolios is critical, especially in chemical and formulation spaces, to manage infringement risks.
- Strategic Positioning: Aligning patent claims with regulatory exclusivity and market development plans enhances commercial prospects.
- Proactive Enforcement: Robust claims enable effective enforcement against infringers, especially given China's increasing focus on patent compliance.
- Continual Monitoring: Patent landscapes are dynamic—periodic review and potential filing of continuation or divisional applications sustain strategic advantages.
FAQs
Q1. What are the primary factors contributing to the strength of CN102245173’s patent claims?
Answer: The strength hinges on the specificity of the chemical structures, the novelty over prior art, and the breadth of the claims covering therapeutic use and manufacturing processes.
Q2. How does China's patent landscape affect pharmaceutical patent strategies?
Answer: China's rapidly evolving patent environment demands clear, well-drafted claims and thorough freedom-to-operate analyses, especially because of the complex patent landscape and potential for invalidation challenges.
Q3. Can competitors easily design around CN102245173?
Answer: It depends on the claim breadth. Narrow claims around specific chemical structures or processes can be easier to circumvent, while broad, core claims pose a significant obstacle.
Q4. What role does patent linkage play in enforcing CN102245173?
Answer: Although less common than in some jurisdictions, patent linkage in China can impact regulatory approval and enforcement, making patent strength vital for market exclusivity.
Q5. How does patent landscape impact R&D in China's pharmaceutical sector?
Answer: A crowded patent landscape necessitates careful freedom-to-operate evaluations, incentivizes innovation to generate patentable advances, and encourages strategic patent filings to protect new inventions.
Sources:
- Chinese Patent Office (SIPO), CN102245173 patent documentation.
- World Intellectual Property Organization (WIPO) patent family data.
- China IP Law and Practice Reports (2022–2023).
