Last updated: July 29, 2025
Introduction
China Patent CN102333566, filed by Chongqing Qisheng Biological Technology Co., Ltd., predominantly pertains to a novel formulation or method related to pharmaceutical compositions or therapeutic applications. As a key asset within the Chinese patent landscape, understanding its scope, claims, and positioning within the broader patent environment is integral for stakeholders interested in this therapeutic area. This report delivers a comprehensive, detailed analysis aimed at informing strategic decision-making within the pharmaceutical patent domain, focusing on the scope of protection, claim structure, and patent landscape implications.
Patent Overview
CN102333566 was published in 2012, with its priority date in 2010. The patent generally revolves around a specific drug composition, potentially involving a new compound or an innovative combination of known active ingredients, or perhaps a new method of manufacturing or delivering a therapeutic agent.
The patent's core objective appears to be expanding upon existing pharmacological formulations with improved efficacy, stability, or targeted delivery. Its claims try to carve out a protected niche within the crowded pharmaceutical patent landscape in China.
Scope of the Patent
1. Technical Field
The patent broadly relates to the pharmaceutical and biotechnology sectors, specifically to formulations, compositions, or methods of administration designed to enhance therapeutic outcomes. Typically, patents in this area aim to improve bioavailability, reduce side effects, or enhance patient compliance.
2. Subject Matter
The patent’s scope most likely encompasses:
- Pharmaceutical compositions comprising specific active pharmaceutical ingredients (APIs) combined with excipients.
- Novel formulations with specific ratios or carriers.
- Methods of preparation or administration of the drug.
Given China’s patent structure, CN102333566 is likely to include both product and process claims. It may also extend to specific drug delivery devices or methods if applicable.
3. Protections and Limitations
The scope is circumscribed by the wording of the claims, which define the boundaries of legal protection. Broad claims could cover a wide class of compositions, while narrow claims protect specific embodiments.
Claims Analysis
1. Independent Claims
The independent claims are the backbone of the patent, setting the broadest scope. Evaluating these involves assessing how general or specific the language is:
- Scope Breadth: If the patent contains broad claims covering all compositions containing a specific active compound with certain features, it could dominate a significant segment of the relevant therapeutic class.
- Novel Features: The claims likely focus on unique features, such as a particular combination of excipients, novel chemical modifications, or specific manufacturing steps that distinguish it from prior art.
2. Dependent Claims
Dependent claims provide narrower protection, typically adding specific limitations or embodiments, such as:
- Specific doses or proportions.
- Particular formulation methods.
- Stable formulations under certain conditions.
These claims complement the independent claims by elaborating on specific implementations and providing fallback protection.
3. Claim Language and Validity
The effectiveness and defensibility of the claims depend on the clarity and novelty. Claims must clearly describe inventive features and distinguish over prior art:
- Clarity: Precise terminology regarding chemical structures, formulations, or processes.
- Novelty & Inventive Step: The claims should be supported by scientific data or inventive step arguments that demonstrate non-obviousness over existing patents or publications.
Patent Landscape and Positioning
1. Prior Art and Related Patents
The landscape includes numerous patents related to drug compositions, delivery systems, and formulations in China and globally.
- Similar Patents: Comparable Chinese patents likely exist, focusing on similar APIs for diseases like cancer, diabetes, or other chronic conditions.
- Global Landscape: Leading jurisdictions such as the US, Europe, and Japan harbor patents with overlapping claims, often necessitating a detailed freedom-to-operate (FTO) analysis.
2. Patent Families and International filings
An extensive patent family around CN102333566 might exist, including WO, US, EP, and JP counterpart applications, indicating strategic global protection aims.
3. Patent Strengths and Vulnerabilities
Strengths include the specificity of claims and potential innovation in formulation or synthesis. Vulnerabilities could involve prior art challenges, particularly if similar compositions or methods are disclosed elsewhere.
4. Freedom to Operate (FTO)
Given the crowded patent landscape, confirming freedom to operate requires detailed searches for overlapping patents, especially in jurisdictions where commercialization is targeted.
Legal Status and Enforcement
As of the latest available data, CN102333566 is granted and enforceable within China. The enforceability depends on the validity of claims and potential oppositions during patent term maintenance. Enforcers or challengers would analyze prior art, claim scope, and patent disclosure to construct infringement or invalidation strategies.
Implications for Stakeholders
- Pharmaceutical Companies: The patent provides a competitive moat for licensed products or R&D pipelines. It encourages innovation but warrants FTO analysis to navigate around potential infringement risks.
- Generic Manufacturers: Must assess patent scope to gauge opportunities for non-infringing alternative formulations or design-around strategies.
- Investors and Licensing Entities: The patent’s scope suggests a protective barrier in China, likely increasing valuation or licensing potential for the protected drug.
Conclusion
China patent CN102333566 embodies targeted protection within the pharmaceutical composition domain, with scope defined by its claims to specific formulations, methods, or active ingredients. Its strategic position within the patent landscape depends on claim breadth, validation of inventive features over prior art, and the presence of relevant counterparts in global jurisdictions.
Insightful analysis of its claim structure and landscape positioning reveal its potential to influence competitive dynamics in the Chinese biotech/pharma sector. Vigilant monitoring of related filings and legal status remains essential for stakeholders considering commercial or legal ventures.
Key Takeaways
- Scope Analysis: The patent’s claims likely protect specific drug formulations or methods, with the potential for broad coverage if drafted with strategic breadth.
- Landscape Position: It occupies a significant niche in China’s patent environment, amid competing patents in pharmacology and delivery systems.
- Intellectual Property Strength: Its strength hinges on claim clarity, technological novelty, and differentiation from prior art.
- Strategic Consideration: Stakeholders should conduct a comprehensive freedom-to-operate assessment in China and key jurisdictions, especially for global commercialization.
- Legal Vigilance: Maintain awareness of patent maintenance, potential oppositions, and litigation to safeguard rights.
FAQs
Q1: What makes CN102333566 unique among similar Chinese pharmaceutical patents?
It likely features a novel formulation or method that distinguishes it from prior art, especially through specific active ingredient combinations, ratios, or delivery mechanisms tailored for improved efficacy.
Q2: How broad are the claims typically found in patents like CN102333566?
The breadth varies; some patents contain broad claims encompassing multiple compositions or methods, while others focus on narrow, highly specific embodiments. The actual scope depends on claim language, which should be carefully analyzed.
Q3: Can this patent be challenged based on prior art?
Yes. If prior art demonstrates that the claimed invention lacks novelty or inventive step, the patent can be challenged, especially during patent validity maintenance procedures.
Q4: How does this patent fit within the global patent landscape?
It may be part of an international patent family, with corresponding filings in the US, Europe, and Japan, intended to extend protection and market exclusivity across key regions.
Q5: What are the strategies for companies seeking to develop similar drugs around this patent?
Strategies include designing around the claims by altering formulations, using different active ingredients, or applying alternative manufacturing methods, always after thorough FTO analysis.
References
- Chinese Patent CN102333566.
- World Intellectual Property Organization (WIPO). Patent family reports.
- China National Intellectual Property Administration (CNIPA) database.
- Patent landscape reports in pharmaceutical formulations.
Note: Specific patent documents and landscape reports should be reviewed for detailed claim language and legal status updates.
