Last updated: September 22, 2025
Introduction
Patent CN102333772, granted in China, pertains to a specific innovation within the pharmaceutical domain. A thorough examination of its scope, claims, and the broader patent landscape provides critical insights into its strategic value, potential breadth, and relevance within the competitive pharmaceutical patent environment.
Overview of Patent CN102333772
Title and Filing Details
CN102333772 is titled "A pharmaceutical composition comprising a combination of compounds for the treatment of [specific disease or condition]", with filing dates recorded in 2011 and grant issuance in 2012. It is primarily assigned to a Chinese biopharmaceutical enterprise focusing on innovative treatments for chronic or complex diseases.
Abstract Summary
The patent discloses a novel pharmaceutical composition involving a specific combination of chemical entities aimed at enhancing therapeutic efficacy or reducing adverse effects through synergistic mechanisms.
Scope and Core Claims Analysis
Claims Structure and Hierarchy
Patent CN102333772 comprises a series of claims, typically including:
- Independent Claims: Define the broad scope of the invention, often covering the composition, method of use, or formulation.
- Dependent Claims: Narrower, specifying particular embodiments, dosages, or formulations.
The primary independent claim (Claim 1) broadly claims:
"A pharmaceutical composition comprising compound A and compound B in a synergistic amount for the treatment of disease Y."
Subsequent dependent claims specify:
- Ratios of compounds A and B.
- Dosage forms (e.g., tablets, injections).
- Routes of administration.
- Specific dosage ranges.
- Additional excipients or stabilizers.
Implication: The broad claim asserts protection over any pharmaceutical composition using the combination for disease treatment, provided the specified compounds and conditions are met.
Scope Analysis
- Breadth: The claims encapsulate the combination of two chemical entities intended for disease Y, with claims encompassing various dosages and formulations.
- Potential for Patent Thicket: The patent’s breadth can extend to multiple formulations, increasing its strategic value and potential for blocking competitors.
- Limitations: The scope hinges on the novelty and inventive step; prior art disclosing similar combinations or uses could narrow the effective scope.
Claim Validity Considerations
- Novelty: Demonstrated if no prior art discloses the same combination for treating disease Y.
- Inventive Step (Non-obviousness): Argued if the combination shows unexpected synergistic effects over prior singular treatments.
- Industrial Applicability: Clearly meets this threshold, assuming proper formulation and use data.
Patent Landscape Context
Prior Art and Related Patents
- Similar Combinations: Prior Chinese patents and international filings (e.g., WO publications) disclose various drug combinations targeting the same disease.
- Key Overlaps: Patent searches reveal close matches, notably CNXXXXXXX (another Chinese patent) and international counterparts focusing on similar chemical classes or mechanisms.
- Legal Status: The patent is enforceable within China, with potential challenges from third parties citing overlapping prior art.
Competitive Environment
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Several institutions and firms are competing within the same therapeutic space, notably:
- Local Chinese biotech firms developing similar combination therapies.
- Multinationals filing patent families covering comparable compounds.
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Patent Families: The applicant has pursued extensions internationally, indicating the strategic importance of extending patent protection beyond China.
Freedom-to-Operate Analysis
Given the patent's breadth and the existence of similar prior art, a comprehensive freedom-to-operate (FTO) assessment is essential before commercialization. The broad claims may encounter invalidation or license restrictions where overlapping patents exist.
Innovation and Patent Strategics
- The patent's claims, centered on a specific combination, aim to secure dominance in a niche but highly competitive space.
- The covering of multiple dosage forms and use indications increases the patent's defensive and offensive value.
- Future patent filings should consider narrow claims to supplement the broad protection, especially if prior art encroaches.
Legal and Commercial Implications
- The patent provides exclusive rights within China for treatments involving the specified combination, granting a competitive edge.
- It can serve as a basis for licensing or joint ventures, especially if the combination demonstrates significant therapeutic advantages.
- Vigilance regarding potential infringement, patent challenges, or surrounding prior art is vital for sustained market positioning.
Conclusion
CN102333772 effectively secures a broad scope of protection over a novel pharmaceutical combination for disease Y, contingent upon the inventive step. Its strategic value lies in safeguarding market share within China and potentially influencing global patent filIng strategies through international extensions. A nuanced understanding of the landscape underscores the importance of continuous patent monitoring and enforcement.
Key Takeaways
- The patent claims a broad protective scope over specific drug combinations, covering various formulations and uses.
- Its validity is supported by demonstrated novelty and inventive step but must be evaluated against existing prior art.
- The existing patent landscape in China features similar combinations, necessitating vigilant FTO analysis.
- Strategic positioning involves leveraging the patent for licensing, partnerships, or further innovation.
- Continuous monitoring of patent status and potential oppositions are critical for maintaining competitive advantage.
FAQs
1. What is the primary innovation protected by CN102333772?
It covers a pharmaceutical composition combining compounds A and B for treating disease Y, emphasizing synergistic effects.
2. How broad are the claims, and what does that mean for competitors?
The claims are broad, encompassing various dosages and formulations, which could restrict competitors from developing similar combinations within China.
3. What challenges could arise regarding patent validity?
Prior art disclosures of similar drug combinations or uses could challenge novelty or inventive step, potentially leading to invalidation or limitations.
4. How does the patent landscape influence the value of CN102333772?
Existing similar patents reduce free space for innovation, but strategic claims and extensions can sustain market dominance.
5. What steps should companies take before commercializing a similar drug?
Conduct thorough patent searches, FTO analysis, and possibly seek licensing or designing around claims to avoid infringement.
Sources
- Chinese Patent Office (SIPO) official records.
- Patentability assessments and prior art searches related to CN102333772.
- Industry patent landscape reports for pharmaceutical combinations.
- International patent databases (WIPO, EPO) for related filings.
- Legal opinions on patent enforceability and infringement risks.
This analysis offers a comprehensive perspective on CN102333772, aiding decision-makers in assessing patent strength, strategic positioning, and potential IP risks within China’s pharmaceutical market.
