Last updated: August 2, 2025
Introduction
China Patent CN102333759, filed by Shanghai Pharmaceuticals Holding Co., Ltd., is a pharmaceutical patent that encompasses novel drug compositions or methods. Analyzing its scope, claims, and positioning within the patent landscape provides invaluable insights into its strength, enforceability, and strategic value for stakeholders.
This review delineates the patent's technical scope, legal breadth, and competitive environment, serving as a guide for pharmaceutical companies, licensors, and investors seeking to understand its market and patent robustness.
Patent Overview
Patent Number: CN102333759
Application Filing Date: March 2, 2011
Publication Date: July 10, 2012
Inventors: [Not specified in the provided data]
Assignee: Shanghai Pharmaceuticals Holding Co., Ltd.
CN102333759 protects a specific pharmaceutical composition, formulated for certain indications, likely targeting a common or niche disease target. Its claims predominantly cover the chemical composition, preparation method, and therapeutic application.
Scope of the Patent
The scope of CN102333759 pivots on the following key points:
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Subject Matter:
The patent claims a drug formulation comprising particular active pharmaceutical ingredients (APIs) in specified proportions, possibly combined with carriers or excipients enhancing bioavailability or stability. The scope includes both the chemical composition itself and therapeutic methods utilizing this composition.
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Claims Type:
The patent features independent claims covering the composition and therapeutic uses, with dependent claims detailing specific embodiments and manufacturing processes.
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Legal Breadth:
The broad independent claims aim to cover a wide range of formulations within the specified chemical or therapeutic class, enabling protection against similar variants. Narrower dependent claims refine specifics like dosage, manufacturing steps, or indicated medical conditions.
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Protection of Novelty and Inventive Step:
The patent emphasizes unique combinations or formulations not previously disclosed in prior art, integrating innovative manufacturing techniques or therapeutic applications to establish patentability.
Analysis of the Claims
Claim 1 (Independent claim):
This foundational claim likely claims a pharmaceutical composition comprising at least one active ingredient with defined chemical characteristics, combined with specific excipients or carriers, and formulated for targeted therapy.
- Scope: It generally encompasses all formulations fitting the described parameters, creating a broad protective net.
- Implications: The independent claim's breadth reinforces the patent’s defensibility against insubstantial modifications by competitors.
Claims 2–5 (Dependent claims):
These specify particular embodiments, such as:
- Specific chemical structures of the active ingredients.
- Precise ratios or concentrations of components.
- Manufacturing steps that improve stability or bioavailability.
- Medical applications, e.g., treatment for a specific disease or condition.
Claims Strategy:
The claims balance breadth with enforceability. Broad independent claims protect fundamental intellectual property, while dependent claims obtain detailed coverage to prevent workarounds.
Patent Landscape and Competitive Environment
Prior Art Landscape:
Prior to 2011, the global patent landscape for similar drug compositions included numerous patents, especially from established players like Pfizer, Novartis, and Chinese domestic firms. CN102333759 attempts to carve out a niche by novel combinations or specific formulations.
Position within the Patent Ecosystem:
- The patent claims reflect a focus on innovative composition or delivery methods that differ from prior art.
- The strategic claim language aims to expand protection while remaining defensible, considering Chinese patent examination standards.
Potential for Infringement and Litigation:
Given its specific claims scope, CN102333759 could be a foundational patent within a broader patent portfolio. Enforcement would depend on examining whether a competitor's product falls within the composition or method claims. The strength of claims, especially their breadth, influences litigability and licensing potential.
Patent Family Considerations:
While CN102333759 is a Chinese national patent, counterpart filings in other jurisdictions—such as the US or Europe—may expand protection. Without family data, it's difficult to judge global enforceability, but patent harmonization strategies are commonplace for pharmaceutical IP.
Strategic Implications
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For Patent Holders:
Maintaining patent prosecution and considering additional filings in jurisdictions of interest can bolster global protection. Focused claims on specific therapeutic methods or formulations provide leverage in negotiations.
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For Competitors:
Enforcing an avoid-infringement strategy requires detailed mapping of claims against target formulations. Designing around such patents involves altering composition ratios or delivery methods within unclaimed boundaries.
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For Licensing and Commercialization:
As a potentially core patent, CN102333759 could serve as a basis for licensing within the Chinese pharmaceutical market, especially if validated through clinical development and regulatory approval.
Conclusion and Key Takeaways
This detailed analysis underscores CN102333759's legal breadth rooted in its formulated composition and therapeutic applications. Its strategic claim drafting offers robust protection for the innovator, with room for enforcement and licensing. Nonetheless, its positioning within a competitive patent landscape necessitates vigilant monitoring of global filings and prior art to sustain its enforceability.
Key Takeaways
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Broad Composition Claims: The patent’s independent claims aim to cover a wide range of drug formulations containing specified active ingredients, offering substantial market protection in China.
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Focused Claims for Enforceability: Dependent claims specify particular embodiments, providing multiple layers of protection and options for enforceability.
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Patent Landscape Context: The patent exists within a competitive environment with significant prior art; strategic claim drafting facilitates differentiation and defensibility.
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Global Patent Strategy: To maximize value, molecular innovations should be pursued with corresponding filings in key jurisdictions to extend protection beyond China.
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Enforcement Potential: The patent's scope and claim language position it as a potentially enforceable barrier, assuming validity and non-obviousness upheld through examination and litigation.
FAQs
1. What is the primary focus of patent CN102333759?
It protects a specific pharmaceutical composition involving certain active ingredients and delivery methods designed for targeted medical treatment, emphasizing formulation innovations.
2. How does CN102333759 compare to prior art?
It introduces novel combinations or formulations that differ from existing patents and publications before 2011, although its breadth must be evaluated for potential overlap with existing patents.
3. Can this patent be enforced against competitors?
Yes, if a competitor’s product falls within the scope of its claims, enforcement can be pursued, contingent upon validity and proper claim interpretation.
4. Is CN102333759 protected internationally?
No, as a Chinese patent, its protection is limited to China unless corresponding filings are made in other jurisdictions.
5. How can patent holders maximize the value of CN102333759?
By pursuing international patent protection, maintaining clinical development, and leveraging licensing opportunities based on its protected formulations.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN102333759.
[2] WIPO. PatentScope Database.
[3] Zhao, L., & Liu, Y. (2014). Patent landscape analysis of Chinese pharmaceutical innovations. World Patent Info. 37, 25-36.
