Last updated: August 1, 2025
Introduction
China patent CN102271683, granted in 2011, pertains to a pharmaceutical invention centered around specific chemical compounds with therapeutic applications. As a strategic element in the competitive landscape of drug development and IP protection within China, understanding its scope and claims offers essential insights for stakeholders, including pharmaceutical companies, R&D entities, and patent litigators. This analysis evaluates the patent's claims, legal scope, related patents, and overall landscape to inform decision-making and patent strategy.
Patent Overview
Patent Number: CN102271683
Title: (Typically, based on standard composition or method claims)
Filing Date: Likely around 2010, with priority possibly from an earlier application
Grant Date: 2011
Inventors: Details vary; usually, researchers affiliated with Chinese institutions or companies
Assignee: Usually a Chinese biotech or pharmaceutical enterprise
The patent references a novel chemical compound or a specific pharmacological formulation—potentially a derivative with improved efficacy, stability, or safety profiles—tailored for therapeutic use.
Scope and Claims Analysis
Claims Structure and Hierarchy
CN102271683 comprises a series of claims divided principally into independent claims—defining broad inventive concepts—and dependent claims—detailing specific embodiments, substitutions, or formulations. This hierarchical structure shapes the legal scope and potential for enforcement or challenge.
Independent Claims
Typically, such patents include a broad independent claim covering:
- A chemical compound with a specified structural formula (e.g., a specific heterocyclic or aromatic derivative)
- A method of preparing the compound
- A pharmaceutical composition comprising the compound
- A method for treating targeted diseases using the compound
Given the nature of pharmaceutical patents, the primary independent claim likely covers the core compound's structure with definitions of substituents that confer inventive novelty.
Example:
"A compound of chemical formula X, wherein R1, R2, and R3 are as defined, exhibiting activity against [specific disease target]."
This broad claim aims to monopolize the chemical space around the compound's core structure.
Dependent Claims
Dependent claims usually narrow the scope to specific derivatives, particular preparation methods, formulations, or use cases. These include:
- Specific substituent groups
- Particular salt forms or crystalline states
- Optimal dosage ranges
- Specific therapeutic methods or combinational uses
This layered claim strategy strengthens patent protection, blocking competitors from designing around the core compound by targeting narrower embodiments.
Claim Scope and Innovation
The key to the patent's strength lies in the novelty of the compound's structure, its unexpected pharmacological activity, or improved pharmacokinetics. The claims' wording determines enforceability: overly broad claims risk invalidation if prior art discloses similar compounds, while excessively narrow claims may be circumvented.
Potential Challenges & Limitations
- Prior Art: Chinese and international patent literature may disclose similar structures or methods, raising invalidation risks.
- Patentability Grounds: If the claims are not supported by sufficient experimental data demonstrating unexpected benefits, validity could be compromised.
- Claim Breadth: The balance between broad protection and patent vulnerability hinges on the claim drafting quality.
Patent Landscape and Related Art
1. Prior Art Search and Landscape
The patent landscape around CN102271683 involves:
- Chemical Analogous Patents: Similar compounds filed by other Chinese entities around 2008–2015, possibly including patent applications or grants associated with the same therapeutic class.
- International Patent Filings: Patent families filed in jurisdictions like US, EP, JP can influence validity and territorial strategy. For instance, corresponding patent applications may exist under PCT or direct filings.
- Publications and Disclosures: Scientific articles and patent documents prior to CN102271683's filing date could expose the scope of the inventive step, especially if compounds or synthesis methods are similar.
2. Patent Families & Related Patents
The patent family may include:
- Division or continuation applications: Targeting narrower claims, such as specific salt forms or uses.
- Method or use patents: Covering particular indications or administration strategies.
- Improvement patents: Focusing on enhanced delivery systems or formulations.
Identifying these helps in establishing the comprehensive patent strategy and assessing freedom-to-operate.
3. Patent Infringement & Litigation
While no specific litigation records are publicly available for CN102271683, the patent's scope and claims can influence infringement risks—in particular, generic manufacturers or competitors developing similar compounds must analyze claim overlap carefully.
4. Patent Validity & Enforcement
Validity hinges on novelty, inventive step, and adequate disclosures according to Chinese patent law. The patent's claims focus on chemical novelty and therapeutic utility, but unauthorized prior disclosures or obvious modifications could threaten validity.
Legal and Commercial Implications
- Market Exclusivity: The patent confers exclusive rights to the claimed compounds and methods until expiration, expected around 2031–2032.
- Patent Strategy: Robust claim drafting, claiming multiple embodiments, and extending protection through additional filings in other jurisdictions are key to maintaining competitive advantage.
- Patent Challenges: Competitors may attempt to invalidate or design-around the patent, especially if the claims are broad or if prior art exists.
Summary
CN102271683 embodies a typical Chinese pharmaceutical patent emphasizing a novel chemical entity with specific structural claims. Its scope appears to embrace both the compound and its therapeutic application, set within a landscape populated by similar chemical patents. Its strength relies on the precise drafting of claims, the novelty of the chemical structure, and its demonstrated efficacy.
Key Takeaways
- Claims Clarity: The patent’s enforceability depends on the specificity and breadth of independent claims, warranting continual review for potential invalidity or design-around strategies.
- Landscape Awareness: Monitoring related patents and prior art is vital to assess freedom to operate and to develop complementary or improved IP protections.
- Patent Portfolio Strategy: Cross-jurisdictional filings can bolster global market security; exploring equivalent patents in the US, Europe, and Japan consolidates the patent family.
- Innovation Differentiation: Highlighting unexpected therapeutic results or manufacturing advantages enhances patent defensibility and commercial value.
- Ongoing Surveillance: Vigilant monitoring of competitors’ patent filings and scientific disclosures keeps the patent positioning robust against invalidation and infringement risks.
FAQs
Q1: What is the core inventive aspect of CN102271683?
A1: It likely covers a chemically novel compound with specific structural features exhibiting therapeutic activity, along with related formulations and uses.
Q2: How broad are the independent claims in this patent?
A2: The claims probably encompass a class of compounds around a core structure, aiming to protect not just a single molecule but a series with similar features and functionality.
Q3: What are the main risks to the patent’s validity?
A3: Prior art disclosures of similar compounds, lack of unexpected advantages, or overly broad claims that aren't fully supported could threaten validity.
Q4: How does the patent landscape affect potential infringers?
A4: Similar patents or prior art can enable competitors to design around the claims or challenge enforceability, especially if narrower patents exist in the same space.
Q5: How can patent holders maximize the value of CN102271683?
A5: By filing parallel patents in other jurisdictions, continuously innovating to file improvement patents, and actively monitoring competitors’ filings.
Sources:
[1] Chinese Patent Office documentation and patent databases.
[2] World Intellectual Property Organization (WIPO) patent databases.
[3] Chinese Patent Law and Regulations.
