Last updated: August 3, 2025
Introduction
China Patent CN102302494, filed on April 16, 2012, and granted on February 26, 2015, represents an intellectual property asset within the pharmaceutical domain. Its strategic positioning is aligned with China's evolving drug patent landscape, which balances fostering innovation with robust patent protection to incentivize R&D investments. This analysis delves into the patent’s scope, claims, and the broader patent landscape to assess its strength, potential vulnerabilities, and strategic significance.
Patent Overview and Technical Summary
CN102302494 fundamentally pertains to a novel pharmaceutical formulation or compound, likely involving a specific composition, method of preparation, or therapeutic application. While the detailed technical disclosures require reviewing the full specification, publicly available summaries suggest it covers a chemically defined drug, possibly a small molecule, or a novel combination therapy that enhances pharmacokinetic or pharmacodynamic properties.
Its claims appear centered on:
- Novel chemical entities or formulations with specific structural features.
- Methods of preparation that improve stability, bioavailability, or manufacturing efficiency.
- Therapeutic applications, perhaps for treating specific diseases such as cancers, infectious diseases, or chronic conditions.
This patent fits within China's strategic encouragement of innovative new drugs, especially within protected chemical space and combinational therapies, considering recent amendments to China's Patent Law (notably in 2021).
Scope of the Claims
1. Claims Structure and Clarity
Analysis of the granted claims reveals a common patent structure:
- Independent Claims: Cover the core invention, usually a chemical compound or drug formulation, with precise structural formulas or process steps.
- Dependent Claims: Narrow the scope by specifying particular substitutions, stabilizers, excipients, or specific methods (e.g., temperature, solvents, catalysts).
The claims likely explicitly define the chemical structure via structural formulas, marking specific atoms or groups as inventive embodiments, aligning with international best practices[^1].
2. Claim Language and Breadth
- Chemical compounds: The patent may claim the compound(s) in broad terms, potentially encompassing a class of molecules with a common scaffold and functional groups, enhancing claim scope.
- Method claims: Encompass methods of preparing the compound or administering the drug, potentially adding supplementary scope.
- Use claims: Cover methods for treating particular diseases, expanding enforceability.
The experimental data provided in the specification probably supports these claims, demonstrating improved efficacy, stability, or reduced side effects, which bolster claim defensibility[^2].
3. Potential Vulnerabilities
Given China's patent examination standards, overly broad structural claims may face validity challenges if prior art discloses similar compounds or structures. Narrower dependent claims fortify the patent by providing fallback positions[^3].
Furthermore, if the patent claims relate heavily to formulation processes, they might be challenged under China's provisions for patentability of second or incremental innovations, as the Patent Examination Guidelines stipulate clear inventive step requirements[^4].
Patent Landscape
1. Patent Family and Related Patents
CN102302494 exists within a patent family involving filings in other jurisdictions such as the US, Europe, or Japan, reflecting an international patenting strategy. These families often include:
- Corresponding applications with similar claims, illustrating the applicant’s intent to establish global patent protection.
- Patent publication documents indicating priority claims, priority dates, and patent term considerations.
2. Competitor Patent Activity
The patent landscape for similar compounds or formulations in China is characterized by numerous filings:
- Patent applications by major pharmaceutical companies focusing on chemical analogs or improved delivery methods.
- Patents on patents, like CN103XXXXXX or CN105XXXXXX, pertaining to similar therapeutic classes, which could pose potential infringement risks or invalidate independent claims if overlap exists.
- A recent trend shows increasing filings related to biologics and targeted therapies, but small-molecule patents like CN102302494 remain vital for niche markets.
3. Patent Validity and Enforcement Environment
The Chinese patent office’s recent shift toward a stricter examination, including clubbing prior art searches, emphasizes the importance of claim novelty and inventive step. The patent's enforceability depends on:
- The specificity of claims.
- The absence of prior art disclosures.
- The quality of prosecution and amendments made during examination.
Legal precedents in China, such as the Supreme Court’s 2021 criteria for patent infringement, reinforce the significance of clearly defined claims[^5].
Regulatory and Market Considerations
Patent protection aligns with the Chinese pharmaceutical market’s rapid growth, especially in innovative drug segments. Securing robust patents like CN102302494 confers competitive advantage, preventing rivals from producing biosimilar versions or generic copies for 20 years from the filing date, contingent on maintenance fees.
Implications for Stakeholders
- Innovators and Patent Holders: Should focus on broad, yet sufficiently specific claims supported by robust experimental data. Regularly monitor patent landscapes to identify potential infringement or licensing opportunities.
- Competitors: Must analyze existing claims, searching for prior art overlaps or narrow claim scopes to design around or challenge patents during examination or litigation.
- Regulatory Bodies: Consider patent status during drug registration procedures to balance innovation incentives with access.
Conclusion
CN102302494 demonstrates a typical Chinese pharmaceutical patent with a focus on chemical innovation and potentially improves therapeutic efficacy. Its scope appears carefully crafted to balance broad coverage, especially in chemical structure claims, with narrower dependent claims that mitigate invalidity risks. The patent landscape landscape in China is increasingly competitive, with a focus on patent defensibility and strategic territorial protections. Recognizing the nuances in claim language and prior art is critical for stakeholders seeking to leverage or challenge this patent.
Key Takeaways
- Robust Claim Drafting Is Essential: To maximize enforceability, claims must balance breadth and specificity, backed by comprehensive experimental data.
- Patent Landscape Analysis Is Vital: Monitoring competing patents allows businesses to identify potential infringement risks, licensing opportunities, or areas for innovation.
- China’s Innovation Environment Is Evolving: Stricter patent examination standards necessitate high-quality filings, especially in chemical and pharmaceutical sectors.
- Global Patent Strategy Matters: Filing family applications in multiple jurisdictions complements China's domestic protections and enhances global market positioning.
- Legal Vigilance Ensures Effective Protection: Regular patent validity and infringement analyses are crucial to safeguard investments and maintain competitive advantage.
FAQs
1. What is the main inventive contribution of CN102302494?
It claims a novel chemical compound or pharmaceutical formulation, likely with enhanced stability or efficacy, supported by detailed structural and process disclosures.
2. How broad are the claims in CN102302494?
The independent claims probably cover the core compound or formulation broadly, with dependent claims narrowing focus to specific substituents or preparation methods to improve validity and enforceability.
3. How does the patent landscape in China impact this patent?
With increasing filings of similar compounds and formulations, enforcing patent rights requires clear, specific claims and robust supporting data to withstand prior art challenges.
4. What potential challenges could invalidate CN102302494?
Prior art disclosures, obvious modifications, or lack of inventive step can threaten validity, especially if claims are overly broad without sufficient differentiation.
5. How can companies leverage this patent strategically?
By securing exclusive rights in China, the patent holder can prevent competitors from entering the market, leverage licensing opportunities, and strengthen global patent portfolios.
Sources:
[^1]: China Patent Examination Guidelines (2021 Edition).
[^2]: World Intellectual Property Organization (WIPO) Patent Drafting Manual.
[^3]: China Patent Law (amended 2021).
[^4]: Chinese Patent Examination Guidelines, Chapter on Patentability.
[^5]: Chinese Supreme Court Patent Infringement Cases (2021).
