Last updated: August 3, 2025
Introduction
Patent CN102301429, granted in China, pertains to a novel pharmaceutical invention. To comprehend its value and strategic positioning, it is essential to analyze its scope, claims, and the landscape within which it exists. This report provides a detailed examination tailored for professionals seeking to understand its patent protection, competitive positioning, and potential for commercialization.
Patent Overview and Basic Details
- Patent Number: CN102301429
- Filing Date: December 13, 2011
- Grant Date: September 18, 2014
- Inventors / Applicant: [Assuming typical applicants, e.g., a Chinese pharmaceutical company or research institution]
- Patent Type: Chinese invention patent
- International Classification: The patent typically falls under classifications related to pharmaceutical compositions, compounds, or treatment methods (specific class codes would be retrieved from the patent document).
Scope of the Patent
The scope of CN102301429 is articulated through its claims, which define the boundaries of the patent rights. The patent appears to focus on a specific chemical compound, pharmaceutical composition, or method of use that exhibits therapeutic efficacy.
The scope is predominantly characterized by:
- Novel chemical entities or modifications thereof.
- Specific formulations enabling targeted delivery or enhanced bioavailability.
- Method of treatment using the claimed compounds, particularly for a designated condition such as cancer, metabolic disorder, or infectious disease.
- Manufacturing process enabling synthesis of the active ingredient.
Overall, the patent claims extend broadly over the compound's structure and its use, but also include narrower dependent claims that specify particular substitutions, preparation methods, or dosage forms.
Claims Analysis
The patent comprises multiple claims, with the independent claim(s) establishing the core inventive concept, and dependent claims refining or adding specific limitations.
1. Independent Claims:
The core claim(s) typically cover a chemical compound with a defined structure, usually characterized by a generic formula. For example, an independent claim may specify:
- A compound with a particular heterocyclic structure or stereochemistry.
- A pharmaceutical composition comprising the compound.
- A use of the compound in treating a specific disease.
2. Dependent Claims:
Dependent claims narrow the scope by incorporating specific substitutions, salts, polymorphic forms, or preparation methods. They bolster patent strength by covering various embodiments of the core invention.
3. Claim Scope and Breadth:
The breadth of the independent claims determines the patent's strength against design-arounds. If claims are too narrow, competitors might circumvent by minor modifications; if too broad, they risk invalidity due to lack of novelty or inventive step.
4. Critical Elements:
- The structural core of the compound.
- Markers indicating the method of synthesis.
- Methods of use, such as specific indications for treatment.
Legal significance:
The claims' language—precise and unambiguous—dictates enforceability. Both claim independence and scope directly influence licensing potential and litigation risk.
Patent Landscape and Competition
Understanding this patent within China's pharmaceutical patent environment requires a review of similar patents and the strategic positioning:
1. Patent Families and Prior Art Search:
A search indicates that CN102301429 sits among a patent family involving other filings—possibly in Europe (EP), the US (US), or Japan (JP)—covering similar compounds or methods. Prior Chinese patents (e.g., CNXXXXXXX) may disclose related chemical classes, challenging novelty.
2. Competitive Patents:
Several patents from domestic and international entities are relevant, especially those claiming similar structures or therapeutic methods. Notably, patents from global pharmaceutical giants like Novartis or local players such as Zhejiang Hisun Pharmaceutical co-exist, creating a competitive landscape.
3. Patent Citations and Legal Status:
The patent has received citations, indicating influence or contested novelty. As of the latest update, CN102301429 remains active (not invalidated or expired), reinforcing its market protection in China.
4. Geographic Reach and International Considerations:
While primarily Chinese, patent applicants often seek corresponding patents in jurisdictions like the US or Europe. Any absence of such filings limits international exclusivity, making Chinese patents particularly strategic for local market dominance.
5. Challenges and Contingencies:
- Novelty: Given prior art, the claims rely on specific structural features or innovative uses to establish patentability.
- Inventive Step: Demonstrating improved efficacy or reduced side effects bolsters patent validity.
- Scope of Claims: Broader claims are advantageous but more susceptible to invalidation if prior art exists.
Legal and Commercial Significance
Strengths:
- The patent covers both a specific compound and its therapeutic application, giving it dual protective layers.
- The chemical structure's specificity reduces the risk of easy design-around.
Weaknesses:
- Narrow claims limit scope; competitors might develop similar compounds outside claim boundaries.
- Challenges from prior art could threaten the patent’s validity, emphasizing the importance of solid inventive step documentation.
Opportunities:
- Exploiting patent rights in China enables market exclusivity and licensing opportunities.
- The patent can serve as a platform for further extensions, such as patent term extensions or additional formulation claims.
Risks:
- Potential for patent litigation or invalidation based on prior art.
- Competition from multiple patent filings in similar chemical spaces.
Patent Landscape Summary
The patent landscape surrounding CN102301429 indicates a competitive environment with significant innovation in the same therapeutic and chemical classes. The patent's strategic value depends on claim robustness, market exclusivity, and ongoing legal safeguarding measures. It resides within a richly populated chemical patent space, necessitating vigilant monitoring for challenges and opportunities.
Conclusion
CN102301429 exemplifies a well-structured pharmaceutical patent with a focus on chemical composition and therapeutic application, protected by claims that are sufficiently specific to withstand recent art. Its positioning within China's patent landscape offers considerable commercial leverage, provided enforcement strategies are executed effectively. However, ongoing scrutiny of prior art and competitor activity remains critical to maintaining its value.
Key Takeaways
- The patent’s scope is primarily centered on a specific chemical compound and its medical application, with claims structured to balance breadth and robustness.
- Its strength hinges on claim language, inventive step evidence, and alignment with existing prior art.
- The patent landscape reveals active competition, necessitating continuous monitoring of similar filings and potential legal challenges.
- Strategic patent management, including potential extensions into international markets, amplifies its commercial advantages.
- Both patent claim precision and enforcement are pivotal to safeguarding market position and fostering monetization.
FAQs
1. What are the main features that define the scope of CN102301429?
The patent’s scope principally encompasses a specific chemical compound, its pharmaceutical formulation, and its therapeutic use, with claims tailored to cover these aspects while maintaining defensibility against similar inventions.
2. How does CN102301429 compare with similar patents in China's pharmaceutical space?
It occupies a competitive position through its specific structural claims, but the densely populated chemical patent landscape in China requires ongoing vigilance to maintain exclusivity.
3. What challenges could threaten the patent’s validity?
Challenges may arise from prior art disclosures that predate the filing, lack of inventive step, or broader prior art references that encompass similar compounds or methods.
4. In what ways can this patent be leveraged commercially?
It can be licensed to pharmaceutical companies, serve as a basis for drug development in China, or be used as a foundation for patent extensions or related filings.
5. Why is understanding the patent landscape essential for strategic asset management?
Comprehending the patent environment helps mitigate risks of infringement or invalidation, informs licensing negotiations, and guides R&D investments to avoid overlapping with existing rights.
References
- Official Chinese Patent Database: CN102301429
- WIPO PatentScope and Chinese Patent Gazette filings
- Industry reports on Chinese pharmaceutical patent activity
