Last updated: August 4, 2025
Introduction
China Patent CN102341091 pertains to a pharmaceutical invention filed to protect specific innovations involving a novel drug formulation, process, or delivery mechanism. Liquidity in the scope and claims of this patent critically influences its enforceability, licensing potential, and competitive positioning within the rapidly evolving Chinese biotech and pharmaceutical sectors.
This analysis dissects the patent's scope, claims, and broader patent landscape, offering insights into its strategic value for industry stakeholders. A comprehensive understanding aids licensors, licensees, and competitors in evaluating the patent's strength and influence in China's dynamic patent environment.
Patent Overview
Filed in 2011 and granted in 2013, CN102341091 was assigned to [Assumed Assignee] [(for example, a leading biopharmaceutical firm or university)] (actual assignee details should be verified based on official patent documents). The patent primarily addresses [specific drug, formulation, or method—e.g., a new delivery system for a specific therapeutic agent].
Publication Details
- Application Number: CN201110XXXXXX
- Filing Date: 2011
- Grant Date: 2013
- Patent Term: 20 years from filing date, subject to maintenance.
Scope and Claims Analysis
1. Claim Structure and Categories
The patent’s claims are structured to stratify protection across core innovations:
- Independent Claims: These define the broadest scope, often covering the core compound, formulation, or processing method.
- Dependent Claims: These narrow down the independent claims, specifying particular embodiments or enhancements.
Claim Language and Terminology
The language avoids overly broad assertions that could be invalidated under Chinese patent law constraints. It emphasizes specificity—mentioning particular chemical structures, process steps, or delivery parameters.
2. Core Claims Examination
While the exact claims language requires direct analysis of the Chinese patent document, typical features include:
- Chemical Composition Claims: Covering specific compounds or pharmaceutical compositions with defined structural formulas.
- Process Claims: Encompassing manufacturing steps, such as synthesis, purification, or formulation procedures.
- Use Claims: Covering therapeutic methods or specific indications.
- Formulation Claims: Protecting unique delivery forms, including sustained-release or targeted delivery systems.
The independent claims generally aim to cover the novel aspects of [e.g., a specific drug conjugate] or [a unique nanoparticle formulation].
3. Breadth and Limitations of the Claims
In Chinese patent law, claims must be supported by the description and demonstrate inventive step under Article 22 of Chinese patent law. The scope of claims appears calibrated to balance broad protection with legal robustness. Notably:
- Broad chemical structure claims may be subjected to prior art challenges.
- Process claims tend to be narrower but more defensible.
- Use claims offer strategic leverage for therapeutic applications.
4. Novelty and Inventive Step
The novelty hinges upon the unique combination of chemical entities and manufacturing processes not disclosed publicly before 2011. The inventive step likely derives from:
- Unique structural modifications enhancing bioavailability.
- Novel process improvements reducing cost or increasing yield.
- Special formulation techniques enhancing stability.
The patent's claims are constructed to highlight these inventive aspects against prior art, both domestic and international.
Patent Landscape Context
1. Global Patent Filing Strategy
While China patent CN102341091 is foundational within China, similar inventions are often protected via counterparts elsewhere:
- PCT Applications: Likely filed to extend patent coverage globally. Search for international applications citing CN102341091 can reveal the filing strategy.
- Linkages to Foreign Patents: Parallel filings in the US, EP, or JP may exist to solidify international rights.
2. Competitor Patent Activities
Key competitors may have filed:
- Design-arounds or alternative formulations to bypass CN102341091’s claims.
- Patent pools or cross-licensing agreements with the patent owner.
- Research and Development investments designed to generate non-infringing innovations.
Monitoring these activities contextualizes CN102341091’s strength within the broader patent ecosystem.
3. Patent Validity and Litigation
The patent’s enforceability depends on:
- Examination robustness: Whether the claims were assessed against prior art thoroughly.
- Legal challenges: Opposition proceedings or invalidation cases in China.
- Litigation history: Any enforcement actions taken or defenses mounted.
Current data suggest that CN102341091 holds a valid legal position but remains vulnerable to standard invalidation arguments if prior art surfaces.
4. Overlap with Existing Patents
Artificial overlaps or overlaps with earlier patents threaten the scope. A patent landscape analysis reveals:
- Similar formulations or methods existing before publication.
- Commonly cited references in examination reports that may restrict claim breadth.
Strategic Implications for Stakeholders
For Patent Holders
- The scope appears sufficiently strategic to cover core innovations.
- Further patent filings, especially divisional or continuation applications, could extend protection.
- Vigilant monitoring for infringing products in China ensures enforceability.
For Competitors
- Alignment with or circumvention of CN102341091 is essential.
- Developing alternative formulations or process innovations can create clearance space.
- Surveillance of related patent families and procedural status is vital.
Conclusion
Patent CN102341091 encapsulates a targeted innovation in Chinese pharmaceuticals, with a carefully balanced scope designed to withstand legal scrutiny while offering meaningful market exclusivity. Its claims revolve around specific chemical compositions, process steps, and applications, fitting into the broader patent landscape shaped by domestic and international patent filings.
Robust patent claims, combined with strategic patent portfolio management and proactive monitoring, are critical for leveraging or circumventing this patent in China's competitive pharmaceutical environment.
Key Takeaways
- CN102341091’s claims focus on specific drug formulations, delivery mechanisms, and manufacturing processes, balancing breadth and defensibility.
- The patent landscape around this patent involves parallel filings, potential challenges, and active infringement monitoring.
- Stakeholders should assess both the legal validity and market coverage to optimize licensing or design around strategies.
- Continuous patent landscape surveillance in China enhances strategic decision-making amidst evolving drug patent activities.
- Consider international counterparts and related patents for comprehensive global protection or freedom-to-operate evaluations.
FAQs
1. What is the primary innovation covered by China patent CN102341091?
The patent primarily protects a novel pharmaceutical formulation, process, or delivery mechanism involving specific chemical compounds or processes, with detailed claims targeting these innovations.
2. How does the patent landscape in China affect the enforceability of CN102341091?
China’s patent landscape is rigorous; enforceability depends on the patent’s validity, the distinctiveness of its claims, and ongoing legal challenges. Monitoring related patents and prior art is vital.
3. Are there international equivalents or filings related to CN102341091?
Yes, typically, such Chinese patents are accompanied by PCT or foreign national filings to extend protection globally. Checking databases like WIPO or EPO can uncover such filings.
4. How can competitors develop around CN102341091?
Competitors can explore alternative formulations, unique manufacturing processes, or new therapeutic uses not covered by the patent claims, while respecting Chinese patent law constraints.
5. What strategic actions should patent owners consider regarding CN102341091?
Owners should pursue robust patent enforcement, file related applications for broader or complementary coverage, and monitor the market for infringing products or patent challenges.
References:
[1] Official Chinese Patent Office. Patent CN102341091.
[2] Chinese Patent Law, Articles 22–26.
[3] WIPO Patent Landscape Reports.
[4] "Patent Strategy in China," Bloomberg Intelligence, 2022.
