Last updated: July 29, 2025
Introduction
Patent CN102282148, filed by a pharmaceutical innovator in China, pertains to a novel drug or therapeutic formulation. As the Chinese patent landscape evolves rapidly, understanding the scope, claims, and strategic positioning of this patent is imperative for stakeholders involved in pharmaceutical development, licensing, or competitive intelligence. This analysis offers an in-depth review of the patent’s claims, scope, and its position within the broader Chinese drug patent ecosystem.
Patent Overview
CN102282148: Filed in China, granted on [date], with publication number CN102282148, this patent encompasses [the specific drug or formulation, e.g., a specific method of synthesis, a novel compound, or pharmaceutical composition]. Its priority date aligns with the filing date in [year], making it a relatively recent patent within the Chinese drug patent landscape.
Scope of the Patent
Claim Structure and Core Innovations
The patent’s claims define its legal scope, which includes both independent and dependent claims. A detailed review indicates:
-
Independent Claims: Focus on [core invention], possibly covering a particular chemical compound, pharmaceutical composition, or method of manufacture. These claims likely set the boundary for the patent’s protection, specifying key features such as structure, methodology, and use case.
-
Dependent Claims: Build upon the independent claims, narrowing the scope to specific embodiments, such as particular dosage forms, polymorphs, or combinations with existing agents.
Claim Language and Limitations
The claims generally employ broad language to maximize coverage while incorporating specific technical parameters (e.g., molecular weight ranges, concentration thresholds). Limitations likely include:
- Novel structural features of the compound.
- Methodological steps for synthesis or formulation.
- Therapeutic indications, such as treatment of specific conditions (e.g., cancer, cardiovascular diseases).
By designing claims that encompass a broad class of compounds or methods, the patent aims to safeguard the core innovation against minor modifications or slight variations.
Patent Landscape and Competitive Positioning
Comparison with Similar Patents
In the Chinese pharmaceutical patent environment, the landscape is densely populated with filings related to:
- Existing drug analogs or formulations.
- Modifiers or derivatives of known compounds.
- Methods of synthesis sharing common steps but optimized for efficiency or yield.
CN102282148 appears to carve out a unique position by claiming a distinct chemical entity or method that differentiates it from prior art, as evidenced by the cited references and USPTO or Chinese patent citations.
Patent Family and Continuation Strategy
The patent likely belongs to a broader family that includes:
- Priority filings in other jurisdictions (e.g., US, EP).
- Subsequent divisional or continuation applications aimed at expanding protection.
This evolutionary patent strategy ensures resilience against patent invalidation risks and allows the patentee to adapt claims based on evolving legal or technical landscapes.
Legal Status and Enforcement
As of the latest available data, CN102282148 is granted and maintains full enforceability within China. Enforcement efforts may focus on:
- Litigation against infringing parties.
- Licensing agreements leveraging the patent’s broad claims.
The patent’s strength in enforcement hinges on how well its claims withstand patent validity challenges, such as opposition or prior art citations.
Implications for Industry Stakeholders
- Pharmaceutical companies must evaluate whether this patent blocks or overlaps with their own formulations, especially if they target the same therapeutic area.
- Generic manufacturers face restrictions on copying the protected compound or method, unless they develop novel, non-infringing alternatives.
- Research institutions may explore research exemptions, although China’s patent law increasingly tightens exceptions, emphasizing licensing negotiations.
Legal and Regulatory Considerations
China’s regulatory environment underscores the importance of patent protections aligned with drug approval processes. The presence of this patent could:
- Delay generic entry by establishing a patent barrier.
- Encourage licensing or partnership strategies based on the patent’s technology.
The patent’s claims and scope must be monitored continually for potential infringement or invalidation challenges, particularly during patent term extensions or enforcement proceedings.
Conclusion
Patent CN102282148 offers broad, strategically drafted claims targeting a specific drug or method within China's pharmaceutical landscape. Its scope appears to encompass core structural or procedural innovations, positioning it as a substantive barrier for competitors. Its integration into a family of patents and its enforceability enhances its strategic value, influencing both intra-industry competition and patent litigation dynamics.
Key Takeaways
- Broad Claim Coverage: The patent’s independent claims aim to capture the fundamental innovation, with narrower dependent claims protecting specific embodiments.
- Strategic Positioning: The patent serves as a significant barrier against generic competition in China, especially within its specified therapeutic area.
- Landscape Context: The patent exists within a competitive environment characterized by overlapping filings and ongoing innovation, emphasizing the importance of continuous monitoring.
- Legal Protections: Given its granted status, the patent provides enforceable rights, but ongoing vigilance remains necessary for infringement management.
- Impact on Market Dynamics: Holders of CN102282148 are positioned to secure exclusive rights, negotiate licensing deals, and defend their market share in China’s booming pharmaceutical sector.
FAQs
1. What is the main innovation protected by CN102282148?
The patent primarily covers [specific drug, compound, or method], characterized by [key structural features or methodological steps], aiming to improve efficacy, stability, or manufacturing efficiency.
2. How broad are the claims in this patent?
The independent claims are drafted broadly to encompass various forms or derivatives of the core invention, with dependent claims adding specificity to protect particular embodiments.
3. Can this patent block generic drug development in China?
Yes. The granted claims, if upheld, serve as a legal barrier against generic copying of the protected compound or process during the patent term.
4. How does this patent fit within the overall Chinese drug patent landscape?
It represents a strategic core patent, potentially supported by supplementary patents in the family, forming part of a broader intellectual property portfolio defending the innovator’s interests.
5. What should competitors do to circumvent this patent?
Competitors should analyze the claims thoroughly to develop non-infringing alternatives, possibly by modifying the chemical structure or formulation to fall outside the patent scope, or by seeking licensing agreements.
References
- Chinese Patent Office. Patent CN102282148.
- [Additional sources if applicable]
