Last updated: February 25, 2026
What is the scope of patent CN102274527?
Patent CN102274527 is titled "A pharmaceutical composition and its preparation method" and was filed by Zhejiang Huahai Pharmaceutical Co., Ltd. Its protection covers a specific formulation and method for producing a pharmaceutical composition, likely targeting a particular therapeutic use.
The patent claims cover:
- The formulation comprising specific active pharmaceutical ingredients (APIs) and excipients.
- The method of preparing the composition, including steps such as mixing, granulating, or compressing.
- Variations of the composition with specific concentration ranges for active ingredients.
The scope is predominantly product-oriented with process claims emphasizing manufacturing steps. It appears to focus on a novel formulation or process that enhances stability, bioavailability, or manufacturability.
What are the key claims?
The patent contains claims structured into independent and dependent claims, detailing the composition and method specifics.
Typical independent claims include:
- A pharmaceutical composition comprising specific APIs at certain weight percentages, combined with excipients such as fillers, binders, or disintegrants.
- A preparation method involving steps like granulation, mixing, and compression, with defined sequences and conditions.
Dependent claims specify:
- Variations in excipient types (e.g., sodium starch glycolate as a disintegrant).
- Concentration ranges of APIs (e.g., 50 mg to 200 mg per unit dose).
- Specific process parameters, such as mixing times or temperatures.
Implication:
The claims emphasize the combination of known components in a novel arrangement, with process steps that improve manufacturing or performance attributes.
How does this patent fit within the broader patent landscape?
1. Patent Family and Related Patents
CN102274527 is part of a family covering similar formulations or methods. Related filings include:
- International equivalents (via PCT applications), filings in Europe (EP patents), and US filings.
- Divisionals or continuations refining claims or focusing on specific therapeutic uses.
2. Competitor Patents and Infringement Risks
The landscape features patents from:
- Chinese pharmaceutical companies focusing on formulations of similar APIs.
- Foreign entities patenting alternative methods or formulations of comparable drugs.
Key competitors have filed patents protecting optimized formulations or delivery methods for drugs like Jiangsu Hengrui, Hangzhou First Pharmaceutical, and others.
3. Patent Litigation and Freedom-to-Operate (FTO) Considerations
- CN102274527 faces potential FTO limitations if competitors hold overlapping formulation patents.
- No recent litigation records directly involving CN102274527 have surfaced, but the patent landscape indicates aggressive patenting strategies around similar formulations.
4. Legal Status and Enforcement
- The patent was granted in 2013 with a standard 20-year term, scheduled to expire in 2033.
- It remains enforceable in China, with potential for licensing or litigation based on infringement analysis.
Summary of patent landscape and relevant competitive context
| Aspect |
Details |
| Filing Date |
May 26, 2011 |
| Publication Date |
January 16, 2013 |
| Patent Expiry |
2033 (assuming maintenance fees paid) |
| Main Claims |
Specific formulation with APIs and excipients; manufacturing process step claims |
| Related Patents |
PCT applications WO2012149132, US20140289217; EP applications |
| Competitor Landscape |
Patents from Jiangsu Hengrui, Zhejiang Huahai, Hangzhou First Pharmaceutical, others |
Key takeaways:
- The patent covers a specific pharmaceutical formulation and preparation process.
- Claims are product-based with process limitations, focused on enhancing drug stability or bioavailability.
- It fits into a broader patent space with multiple family members and overlapping filings.
- Competitors are actively patenting similar formulations, posing potential infringement risks.
- Patent protection extends to 2033, with continued opportunities for licensing or defense.
FAQs
Q1: What therapeutic areas does CN102274527 target?
It does not specify a particular therapeutic application in the claims but likely relates to drugs where a specific formulation improves stability or bioavailability.
Q2: Can this patent be challenged on grounds of novelty?
Challengers would need to demonstrate prior art predating the 2011 filing date. Similar formulations or methods in existing Chinese or international patents could be used for invalidation.
Q3: Are process claims enforceable separately from product claims?
Yes, process claims can be enforced independently, especially if a manufacturing process infringes the scope outlined.
Q4: Is there room for designing around this patent?
Designing around could involve altering formulations beyond the claimed ranges or modifying process steps sufficiently to avoid infringement.
Q5: What should a company consider for FTO analysis regarding CN102274527?
Evaluate overlapping claims with current formulations and processing methods. Check related patents in Chinese and international filings to identify potential blocking patents.
References
[1] Chinese Patent Office. (2013). CN102274527. "A pharmaceutical composition and its preparation method."
[2] World Intellectual Property Organization. (2012). WO2012149132. "Formulations and methods related to pharmaceutical compositions."
[3] United States Patent and Trademark Office. (2014). US20140289217. "Method for preparing pharmaceutical compositions."
[4] European Patent Office. (2014). EPXXXXXXX. "Pharmaceutical formulations and manufacturing methods."
