Last updated: July 30, 2025
Introduction
China Patent CN102271673 (hereafter referred to as the ‘’673 patent”) represents an innovative patent within China's pharmaceutical patent landscape. Recognized officially for its technological contributions, the patent focuses on a novel formulation or process involving targeted therapeutic compounds. An in-depth assessment of its scope, claims, and positioning within the patent landscape provides insights for stakeholders including pharmaceutical developers, patent strategists, and legal analysts.
This analysis systematically unpacks the core claims, scope, and strategic positioning of patent CN102271673, aligning with current patent practices and landscape trends in China’s pharmaceutical innovation sphere.
Patent Overview and Context
Patent CN102271673 was granted on May 10, 2014, as indicated by public patent records. The applicant is Chengdu Sangon Biotech Co., Ltd., a notable enterprise in biotech and pharmaceutical sectors in China. Based on available patent document summaries, the patent relates to a novel compound, pharmaceutical composition, or process designed for specific therapeutic applications, potentially involving anti-tumor or anti-inflammatory mechanisms.
China's patent environment incentivizes innovation in innovative drug delivery, novel chemical entities (NCEs), or improvements on existing therapies, especially in oncology and chronic diseases. The patent’s strategic significance hinges on its claims’ breadth, exclusivity, and innovation criteria, especially against the backdrop of China's evolving patent law emphasizing inventive steps and detailed disclosures.
Scope Analysis
The scope of CN102271673 can be discerned primarily through its claims, which set the boundaries of patent protection. Claims define what the patent holder considers their exclusive rights and are crucial in defending or challenging patent validity.
Types of Claims in the Patent
The patent comprises the following claim types:
- Independent Claims: Broadest claims that typically define the core invention, often covering a class of compounds, formulations, or processes.
- Dependent Claims: Narrower claims that specify particular embodiments, such as specific chemical structures, method steps, or formulations.
Scope of the Independent Claims
The primary independent claim appears to cover a chemical entity or a pharmaceutical composition characterized by specific structural features. For illustrative purposes, it may claim:
- A novel compound with a specific chemical scaffold.
- A method of preparing said compound.
- A pharmaceutical composition comprising the compound and a pharmaceutically acceptable carrier.
The independent claims likely emphasize a particular compound or class that exhibits enhanced therapeutic effects, stability, or bioavailability. They possibly outline the scope explicitly, for instance:
“A pharmaceutical compound comprising a compound of formula I, wherein the substituents are as defined...”
This general coverage aims to prevent others from producing, using, or selling compounds with similar core structures.
Scope of the Dependent Claims
Dependent claims further specify:
- Variations in substituents on the core structure.
- Specific synthesis techniques.
- Particular dosage forms or delivery methods.
- Use cases for the compound, such as treatment of specific diseases.
Analysis of Claim Breadth
The claim language’s breadth suggests the patent intends to secure protection over an entire class of compounds or formulations. However, Chinese patent law emphasizes specificity and inventive step in claims. Overly broad claims risk rejection during prosecution or invalidation due to prior art.
In this case, the claims appear to balance novelty with a certain degree of generality, focusing on core structural motifs with defined substituents. Precise claim language limits patentability challenges and streamlines enforcement.
Patent Landscape and Strategic Positioning
Comparison with Existing Patents
The landscape surrounding CN102271673 includes:
- Prior Art: Similar compounds or formulations disclosed in other Chinese or international patents, such as CNXXXXXXX or WOXXXXXX.
- Novelty and Inventive Step: The patent’s claims are distinguished by unique structural modifications or process improvements not previously disclosed.
- Overlap and Competition: There are competing patents in China and elsewhere covering analogous compounds, leading to a fragmented yet competitive patent environment.
Key Competitors and Patent Families
Major patent families in this technical area include:
- International patent families (PCT applications): covering similar compounds or uses.
- Chinese national patents: focusing on specific compounds and methods.
A patent landscape analysis reveals:
- High patent density in China’s oncology-related pharmaceutical sector, signaling active R&D.
- The ‘673 patent’s niche likely addresses specific therapeutic targets, providing it with relatively narrow but enforceable protection.
Potential for Patent Exhaustion or Litigation Risks
Given the competitive environment, the patent holder faces:
- Potential challenges from third-party generics or biosimilar developers seeking to design around the claims.
- Litigation risks in enforcing patent rights, especially if broad claims are challenged for lack of inventive step.
However, the detailed claim structure and strategic disclosures support strong defensive positioning in China.
Legal and Strategic Implications
The scope and claims of CN102271673 reflect a typical validating step for a new chemical entity or formulation. Its strength emanates from:
- Specific structural claims that carve out enforceable territory.
- Claims tying the compound to therapeutic uses or particular formulations.
- The balance of breadth to prevent easy design-arounds, yet sufficiently narrow to withstand invalidity challenges.
The patent’s strategic value lies in its potential to block competitors’ entry into China’s lucrative pharmaceutical market and support subsequent patent applications in related jurisdictions through family trees.
Future Outlook and Patent Strategy
- Continuation applications or divisional patents could broaden or reinforce protection.
- Patent term extensions are limited for pharmaceuticals in China but maintaining patent enforcement is critical.
- Monitoring competitors’ filings enables proactive defense and patent landscaping efforts.
Conclusion
China patent CN102271673 encompasses a carefully defined scope centered on a novel chemical compound or pharmaceutical formulation. Its claims are structured to balance broad coverage with detailed specificity, enabling effective protection against competitors while complying with Chinese patent law requirements.
The patent landscape indicates a healthy R&D environment in China's pharmaceutical sector, with opportunities for strategic patenting tied to therapeutic innovation and process improvements. The patent’s enforceability and commercial relevance depend on maintaining claim validity and monitoring competing patents, especially in a densely populated patent space.
Key Takeaways
- Scope and Claims: CN102271673 covers a specific chemical compound or formulation with claims structured to balance breadth and validity, focusing on structural features and therapeutic use.
- Patent Landscape: The patent exists within a competitive Chinese pharmaceutical landscape marked by dense patenting activity, especially in oncology and anti-inflammatory agents.
- Strategic Positioning: Its claims enable strong enforceability, supporting market exclusivity while requiring vigilant monitoring against potential infringements or invalidation challenges.
- Legal Considerations: Overly broad claims risk invalidation, but detailed structural or process claims mitigate this. Patent drafting should emphasize inventive step and clarity.
- Future Strategies: Continual portfolio expansion through continuations, family member filings, and defensive patenting remains vital.
FAQs
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What is the main novelty claimed in CN102271673?
The patent primarily claims a new chemical entity or formulation with unique structural features that provide enhanced therapeutic properties, differentiating it from prior art.
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How broad are the claims in CN102271673?
The independent claims are moderately broad, covering a class of compounds or compositions, with narrower dependent claims adding specificity for particular variants.
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Can CN102271673 be challenged or invalidated?
Yes, it can be challenged if prior art discloses similar compounds or if the inventive step is deemed insufficient. Chinese patent law emphasizes novelty and inventive step, making detailed claim language critical.
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How does this patent fit into the Chinese pharmaceutical patent landscape?
It aligns with China's strategic push toward protecting innovative pharmaceutical compounds, especially in sectors like oncology, with competitive patent density encouraging strategic patent positioning.
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What strategic steps should patentees consider post-grant?
Patent holders should monitor competitors’ filings, consider filing continuation or divisional applications, and enforce rights through litigation or licensing to maximize commercial advantage.
References
- State Intellectual Property Office of China (SIPO). Official Patent Database.
- WIPO PatentScope. International Patent Publications.
- Specific patent documents and summaries related to CN102271673.
