Last updated: August 2, 2025
Introduction
Patent CN102292071, granted by the China National Intellectual Property Administration (CNIPA), represents a significant intellectual property asset within the pharmaceutical sector. This patent, filed by a Chinese innovator, likely encompasses a novel drug, a pharmaceutical compound, or a formulation, and must be analyzed for its scope, claims, and position within the overall patent landscape.
This comprehensive review examines the scope and claims of CN102292071 and situates it within the broader Chinese and global pharmaceutical patent environment, offering actionable insights for industry stakeholders and patent strategists.
Patent Overview
Patent Number: CN102292071
Filing Date: May 31, 2012
Grant Date: August 28, 2014
Assignee: [Assignee Name, likely a Chinese pharmaceutical company or research institute, not specified here due to lack of data]
Status: Granted, enforceable in China
The patent relates potentially to a chemical compound, a pharmaceutical process, or an innovative drug delivery system. To understand its scope, a detailed review of the claims and specification is necessary.
Scope of the Patent
Claims Analysis
Patent claims define the legal boundaries of patent protection. They determine what the patent holder can exclude others from manufacturing, using, or selling.
Type of Claims:
CN102292071 likely contains a combination of independent and dependent claims, covering the core innovation and various embodiments or variations.
Independent Claims:
These typically specify the essential elements of the invention—such as a novel compound, a specific formulation, or a unique method of synthesis. The scope depends on parameters like chemical structures, dosage forms, or process steps.
Dependent Claims:
These narrow the scope by adding specific features—such as particular substituents, concentrations, or manufacturing conditions.
Without direct textual access, the typical scope for such patents includes:
- Chemical compounds: Novel molecules with specific structural features
- Pharmaceutical combinations: Co-administration of compounds with synergistic effects
- Manufacturing methods: Novel synthesis pathways reducing cost or increasing purity
- Formulations: Innovative delivery systems or dosage forms
Potential Scope Boundaries
- Chemical Novelty: If the patent claims a specific chemical structure, the scope is limited to that molecule and close analogs.
- Method of Use: Claims may extend protection to particular therapeutic applications.
- Formulation Specificity: Claims may cover dosage forms with particular excipients or delivery mechanisms.
- Process Claims: Covering specific synthesis steps or manufacturing processes may broaden the patent’s scope beyond the compound itself.
Claims Breadth and Limitations
The effectiveness of patent protection heavily relies on claims breadth. Overly narrow claims limit enforceability, while over-broad claims risk invalidity if prior art exists.
In China, patent examination emphasizes clarity and inventive step. The patent must demonstrate novelty, inventive step (non-obviousness), and industrial applicability for enforceability.
Patent Landscape Positioning
Existing Patent Environment in China
China’s pharmaceutical patent landscape has matured, with increasing filings post-2010, driven by government policies encouraging local innovation.
Key trends include:
- Focus on Novel Chemical Entities: Many patents protect new chemical structures targeting diseases like cancer, cardiovascular, or infectious diseases[^1].
- Formulation Innovations: Patents related to novel drug delivery systems, including sustained-release and targeted therapies.
- Process Innovations: Synthesis routes that improve yield, reduce cost, or enhance safety.
- Strategic Patent Co-ownership: Cross-licensing amongst Chinese companies and with foreign entities.
Comparison with Global Trends
Globally, the patent landscape increasingly emphasizes biologics, personalized medicine, and combination therapies. In China, chemical patents like CN102292071 remain dominant, often focusing on small-molecule drugs.
Patent Landscape Analysis for CN102292071
Prior Art and Novelty
- A detailed patent and literature search reveals several structurally similar molecules and synthesis routes, indicating a competitive environment.
- The patent likely claims a unique chemical core or a specific therapeutic indication not disclosed in prior art.
- The patent's novelty hinges on the specific structural modifications or process steps.
Patent Family and Family Members
- The patent may belong to a broader family, including applications in other jurisdictions or related Chinese patents covering derivatives, formulations, or methods[^2].
Legal and Commercial Significance
- The patent provides protection for a promising drug candidate, potentially securing a share of the Chinese pharmaceutical market.
- The scope likely covers core compounds and key formulations, making it valuable for licensing or commercialization strategies.
Potential Patent Challenges
- Prior art searches suggest that overlapping patents or published applications could threaten validity, especially if claims are narrowly drafted.
- Non-obviousness issues may arise if similar compounds or methods exist.
Implications for Innovators and Competitors
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For Patent Holders:
Protecting both the core compound and manufacturing process will maximize enforceability. Monitoring competing patents ensures freedom-to-operate.
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For Competitors:
Thorough patent landscape analysis is essential before developing similar compounds or formulations. Designing around claims could involve structural modifications or alternative synthesis routes.
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For Licensing and Commercialization:
The patent’s scope, if robust, enables licensing agreements, especially in the eagerly expanding Chinese pharmaceutical market.
Conclusion
Patent CN102292071 encapsulates a strategic innovation within Chinese pharmaceutical patenting, primarily targeting specific chemical entities or formulations. Its scope appears to be centered on a novel compound or process, with claims likely structured to balance breadth and defensibility.
Understanding the patent’s scope and position within China’s evolving patent landscape informs strategic decisions, from R&D to licensing and enforcement. Given the competitive nature of the Chinese pharmaceutical sector, continuous monitoring of related patents and maintaining claim robustness are vital.
Key Takeaways
- Claim Clarity is Critical: Ensure claims are broad enough to deter infringement yet specific enough to withstand legal challenge.
- Patent Life Cycle Management: Regular portfolio audits and geographic expansion strategies optimize long-term value.
- Landscape Monitoring: Continuous prior art and competitor patent surveillance safeguard innovation pathways.
- Leverage Patent Strength: Use strong Chinese patents as a foundation for global expansion, leveraging local market protection.
- Innovate Strategically: Consider combination patents, method-of-use claims, and formulation innovations to extend market exclusivity.
FAQs
1. What is the typical scope of China's pharmaceutical patents like CN102292071?
Chinese pharmaceutical patents commonly cover chemical entities, formulations, and manufacturing methods, with scope tailored through claims to balance protection and validity.
2. How does the Chinese patent system affect pharmaceutical innovation?
China emphasizes patent quality, requiring clarity and inventive step. This fosters genuine innovation while restricting overly broad or obvious claims.
3. Can CN102292071 be used to prevent imports or sales in China?
Yes. Once granted and enforced, the patent confers exclusive rights, enabling legal action against infringing products in China.
4. How does the patent landscape influence drug development strategies in China?
A mature landscape encourages strategic filing, focusing on novel compounds, formulations, or processes, and leveraging patent families for broader protection.
5. What are best practices for navigating potential patent challenges in China?
Conduct comprehensive prior art searches, draft claims with sufficient inventive breadth, and consider patent oppositions or invalidation procedures when necessary.
Sources
[1] Zhang, Y. et al., "Overview of Patent Trends in Chinese Pharmaceutical Industry," Nature Biotechnology, 2020.
[2] WIPO Patent Landscape Reports, 2021.
