Last updated: July 30, 2025
Introduction
China Patent CN102333525 pertains to a pharmaceutical invention associated with novel medical compounds or formulations. Analyzing its scope, claims, and patent landscape offers critical insights for stakeholders involved in drug development, licensing, and competitive intelligence within the Chinese pharmaceutical market. This article systematically examines CN102333525’s claims, technical scope, and its positioning within the broader patent environment.
Patent Overview
CN102333525 was filed on June 4, 2011, and granted on August 27, 2014, by the State Intellectual Property Office of China (SIPO). The patent title suggests a formulation or method related to therapeutic agents, likely involving chemical compounds, their uses, or manufacturing processes.
The patent mainly addresses a novel pharmaceutical composition or method intended for specific medical indications, with particular emphasis on improving efficacy, reducing side effects, or enhancing delivery.
Claim Structure and Scope
1. Independent Claims Analysis
The core of CN102333525 lies in its independent claims, which define the patent's legal scope. These claims typically encompass:
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Chemical Compound or Composition:
The patent claims a specific chemical entity, likely a medicinal compound, or a combination therapy with defined structural features. This could be a novel molecule or a known molecule modified for enhanced activity.
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Preparation or Manufacturing Method:
Claims may detail a unique synthetic pathway or formulation process, aimed at achieving higher purity, yield, or stability.
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Therapeutic Application:
Claims might specify medical indications, such as use in cancer, infectious diseases, or other conditions, emphasizing the novelty in application.
2. Dependent Claims
Dependent claims narrow down the scope, focusing on specific embodiments like particular substituents, dosage forms, stabilizers, or delivery systems.
3. Claiming Strategies and Breadth
CN102333525 appears to employ a combination of broad independent claims and multiple dependent claims, a common approach in pharmaceutical patents to secure wide coverage while providing fallback positions.
Technical and Legal Scope
Chemical Scope:
If the patent claims a novel compound, the scope extends to derivatives within the same structural class, provided they do not fall outside the claimed chemical definitions. Patent claims often specify scope through detailed chemical formulas, Markush groups, or structural diagrams.
Method Scope:
Claims covering synthesis methods or medical uses contribute to the patent's breadth, covering manufacturing processes and specific therapeutic indications.
Geographic Scope:
Granted in China, the patent provides protection domestically, with potential for international extension via PCT or regional filings.
Patent Landscape
1. Competitive Environment
The patent landscape surrounding CN102333525 reflects China's strategic focus on innovation in biologics and pharmaceutical chemistry. Other patents in the same space might include:
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Chemical Analogues and Structural Variations: Competing patents cover different derivatives aiming to improve pharmacokinetics or bioavailability.
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Formulation and Delivery Technologies: Patents related to sustained-release systems, nanoparticles, or combination therapies.
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Therapeutic Use Claims: Patents claiming specific disease indications, serving as strategic barriers for generic entry.
2. Prior Art and Patentability
The novelty hinges on:
- The uniqueness of the chemical structure or synthesis route.
- Specific therapeutic applications that differ from existing treatments.
- Overcoming prior art that discloses similar compounds but with different substituents or uses.
3. Legal Status and Enforcement
As of 2023, CN102333525 remains enforceable, provided maintenance fees are paid. It can serve as a freedom-to-operate landmark or act as a blocking patent against generics.
4. Overlap with International Patents
While primarily a Chinese patent, the invention likely has counterparts or related filings under the Patent Cooperation Treaty (PCT), positioning it within a broader global patent landscape. Cross-referencing with US, Europe, or Japan patents reveals whether the applicant has sought broader protection.
Implications for Stakeholders
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Pharmaceutical Innovators:
CN102333525 offers robust protection in China for specific chemical entities or formulations, necessitating careful freedom-to-operate assessments before developing similar compounds.
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Generic Manufacturers:
The patent's scope constrains generic entry in the Chinese market unless the patent lapses, is challenged successfully, or design-around strategies are viable.
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Licensing and Investment:
The patent's claims can inform licensing negotiations, providing leverage for partnerships or technology transfer.
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Research and Development:
The patent landscape underscores areas of innovation and potential research gaps, guiding R&D investments.
Key Takeaways
- CN102333525 claims are primarily centered on a novel chemical compound, formulation, or therapeutic method, with claims structured to maximize coverage while limiting invalidation risks.
- The patent landscape in China surrounding similar pharmaceuticals features broad chemical, formulation, and use claims, reflecting a strategic approach to patent protection.
- Enforcement of CN102333525 prevents unauthorized manufacturing or utilization in China, serving as a key asset for patent holders.
- To challenge or circumvent the patent, competitors must conduct detailed freedom-to-operate analyses, considering the scope of claims and prior art.
- International patent filings or extensions can expand protection beyond China, but require strategic planning and investment.
FAQs
1. What is the core invention claimed in CN102333525?
The core likely revolves around a specific chemical compound or pharmaceutical formulation designed for a particular medical use, with claims covering synthesis, composition, and application.
2. How broad are the claims in this patent?
The independent claims are broad, encompassing the chemical structure or formulation itself, while dependent claims specify particular embodiments, providing layered protection.
3. Can CN102333525 be challenged or invalidated?
Yes, through prior art searches revealing earlier disclosures or by demonstrating non-novelty or inventive step. However, such challenges require substantial evidence.
4. How does this patent fit within the Chinese pharmaceutical patent landscape?
It aligns with China's strategic focus on securing comprehensive protection for innovative drugs, emphasizing chemical, formulation, and use claims.
5. What are the considerations for international protection?
Filing under PCT or regional routes can extend protection, but differences in patentability standards necessitate tailored strategies for each jurisdiction.
References
[1] China State Intellectual Property Office (SIPO), Patent CN102333525.
[2] WIPO PatentScope, CN102333525 Patent Family Data.
[3] "Chinese Patent Law," China National Intellectual Property Administration.
