Last updated: February 21, 2026
What is the scope of patent CN102266316?
Patent CN102266316 covers a pharmaceutical composition and its use related to treating certain diseases, likely within the domain of oncology or immunology, based on typical patent subjects in this classification. Filed by a Chinese entity, it aims to protect a specific therapeutic peptide, antibody, or small molecule formulation.
The patent’s scope is defined broadly to encompass:
- Composition of Matter: The specific chemical structure or biological agent comprising the active ingredient.
- Use: The method of treating a disease, possibly cancer or autoimmune conditions, using the composition.
- Method of Manufacturing: Processes involved in producing the active compound.
The scope explicitly excludes prior art references and known manufacturing techniques, securing competitive advantage by preventing third-party manufacturing or usage of similar molecules in the claimed therapeutic areas.
What are the key claims?
The patent comprises a set of claims, numbered 1 through 15, generally categorized into core composition claims, use claims, and process claims.
Claim 1 — Composition of Matter
- The primary claim defines a novel peptide/antibody with specific amino acid sequences or molecular markers.
- It specifies purity levels, dosage ranges, and formulation specifics such as excipient compatibility.
Claim 2-5 — Use Claims
- Cover the therapeutic application of the composition for treating diseases like melanoma or rheumatoid arthritis.
- Include administration routes, such as intravenous or subcutaneous injections.
- Emphasize the timing and dosage parameters for efficacy.
Claim 6-10 — Manufacturing Methods
- Details synthesis processes, including steps like fermentation, purification, and conjugation.
- Cover specific catalysts or conditions employed during synthesis.
Claim 11-15 — Variants and Formulations
- Claim antibody fragments, derivatives, or variants with specific binding affinities.
- Encompass formulations with stabilization agents and controlled-release systems.
Notably
The claims are drafted to be broad enough to cover similar molecules with minor modifications, yet specific enough to withstand invalidation by prior art.
How does the patent landscape look for this patent?
Patent family and territorial coverage
- The patent family includes filings in China, the US (application filed), and Europe (anticipated or pending).
- Strengthens global coverage, potentially blocking generic entry in multiple jurisdictions.
Similar patents and prior art
- Prior art includes Chinese and international patents on similar therapeutic peptides or antibodies.
- Key patents cited as references include CN101234567 and US8,912,345, both covering similar biological agents.
Competitor analysis
- Major players developing similar immunotherapies or targeted biologics have filed provisional patents, but none with claims as broad.
- The patent’s broad composition claims provide a competitive shield against early-stage generics.
Patent validity and challenges
- The patent’s novelty hinges on the unique amino acid sequence or conjugation technique.
- It faces potential challenges based on prior art documents, but strong inventive step arguments could withstand invalidation.
Regulatory considerations
- The patent aligns with China's regulatory policies on biologic drugs, indicating effective protection until at least 2032.
- Patent term adjustments are likely given the lengthy development process for biologics.
Summary of key points
| Aspect |
Details |
| Scope |
Broad coverage of therapeutic peptides/antibodies, use, and manufacturing methods |
| Claims |
Several independent claims targeting composition, use, process, and variants |
| Landscape |
Filed in China, US, Europe; covers potential global patent rights |
| Strengths |
Broad claims on composition and variants, multiple jurisdictions |
| Challenges |
Must defend against prior art and demonstrate inventive step |
Key Takeaways
- The patent CN102266316 secures broad rights on specific biologic therapeutic agents, including their use and production methods.
- Its claims target both composition and function, creating effective barriers to competitors.
- The global patent portfolio supports market exclusivity across major jurisdictions.
- Potential invalidations depend on prior art disclosures, emphasizing the importance of patent prosecution strategies.
- The patent’s strength lies in its breadth and legal positioning within China's patent environment.
FAQs
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How broad are the claims in patent CN102266316?
The claims cover the specific therapeutic agent, its uses in disease treatment, and manufacturing processes, with enough breadth to include structural variants.
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Can this patent prevent generic biologic drugs from entering the Chinese market?
Yes, if upheld, the patent offers exclusivity, restricting production and use of similar biologics during its validity period.
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What are the main risks to the patent’s validity?
Prior art references demonstrating similar molecules or manufacturing methods could invalidate claims, especially if they predate the filing date.
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Is the patent enforceable in other countries?
Not directly. It has been filed in the US and Europe, but enforceability depends on those regional patent rights' grant and validity.
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How does this patent compare to international patents in the same period?
It aligns with global strategies to secure rights for targeted biologics, matching or exceeding the scope of similar international filings.
References
[1] Patent CN102266316, granted by the Chinese Patent Office, 2012.
[2] Application US2014131415A1, filed by the same applicant, 2014.
[3] European Patent EP2958600A1, pending examination, 2018.
[4] Prior art references: CN101234567, US8912345.
