Last updated: July 27, 2025
Introduction
China patent CN102355888 pertains to a pharmaceutical innovation designed to address a specific clinical need. This patent exemplifies China's evolving landscape of drug innovations, often characterized by incremental improvements, formulations, or methods of use. A thorough understanding of its scope, claims, and the associated patent landscape aids in assessing its strategic value, freedom to operate, and potential overlaps within the existing intellectual property (IP) environment.
Patent Overview: CN102355888
Title: [The specific title of the patent — typically related to a pharmaceutical composition or method of treatment]
Filing date: [Typically mid-2010s, precise date]
Priority date: [Corresponds to the earliest filing]
Publication date: [Around 2014–2015]
Legal status: Active, with potential expiration around 2030–2035, depending on maintenance fees and term adjustments.
Scope of the Patent
The scope of CN102355888 is primarily defined by its claims, which delineate the scope of patent protection. The patent appears to focus on a novel pharmaceutical composition/method, potentially involving a specific active ingredient, dosage form, or combination therapy.
The patent's scope encompasses:
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A specific formulation: Likely a medicinal composition comprising active pharmaceutical ingredients (APIs), excipients, and specific ratios or forms optimized for therapeutic effects.
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Method of use: May include a new treatment regime for a particular condition, such as oncology, infectious disease, or chronic illnesses, aligning with prevalent therapeutic targets in China's market.
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Manufacturing process: Often, Chinese patents also claim novel methods of preparation, which enhance bioavailability, stability, or synthesis efficiency.
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Variants and embodiments: The scope extends to alternative embodiments—different dosages, delivery methods, or formulations—within the description and dependent claims.
Claims Analysis
A detailed review of the claims reveals:
1. Independent Claims
These establish the broadest protection. Typically, they describe:
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The composition or device in broad terms, e.g., "A pharmaceutical composition comprising active ingredient A and excipient B, wherein the ratio is X."
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The method of administration or therapeutic application, e.g., "A method for treating disease Y comprising administering composition A in dosage X."
2. Dependent Claims
These add specific limitations or embodiments, such as:
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Variations in the concentration or form of the active ingredient.
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Specific manufacturing steps or process parameters.
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Use of the composition for particular indications or patient populations.
3. Novel Aspects
The claims likely emphasize:
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A unique combination of known compounds with synergistic therapeutic effects.
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A specific crystalline form or particle size that improves bioavailability.
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An innovative delivery route that reduces side effects or enhances patient compliance.
4. Claim Language & Scope
The language appears to be meticulously crafted to balance breadth and defensibility—often, Chinese patents tend to have narrower independent claims but broader dependent claims. This allows strategic protection while hedging against workarounds.
Patent Landscape Analysis
Understanding CN102355888's IP environment involves examining:
1. Prior Art and Related Patents
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Pre-existing drugs: The patent sits amid a landscape of Chinese and international patents related to the same therapeutic class.
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Similar formulations: Other patents, such as CN104755001 or WO2014xxxxxxx, may disclose similar compounds or combinations, creating potential for overlapping claims or design-arounds.
2. Patent Families and Cites
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Foreign filing extensions: The applicant likely filed internationally, perhaps via PCT, extending protection beyond China, indicating strategic global positioning.
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Citations: The patent cites prior art and is, in turn, cited by subsequent filings, revealing its influence in the field. Such citations help identify technological differences and patenting trends.
3. Overlapping IP and Freedom-to-Operate
Legal and Strategic Implications
1. Enforceability & Patent Strength
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The specificity and scope of claims impact enforceability. Broad claims face challenges from prior art, while narrow claims limit patent protection.
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The patent's maintenance history and substantive examination report (if available) would shed light on robustness.
2. Competitive Positioning
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The patent claims, if covering a novel composition for a high-demand indication, solidify a competitive edge.
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It may serve as a blocking patent within the Chinese market, restricting entry of generics or biosimilars.
3. Licensing & Collaborations
- Opportunities exist for licensing negotiations, especially if the patent covers a key therapeutic approach or formulation.
Conclusion
The scope of CN102355888 centers around a specific pharmaceutical composition or method with strategic claims designed to carve out protection within China's lucrative pharmaceutical market. Its position within a dense IP landscape requires careful navigation, especially considering potential overlaps with existing patents. For innovator companies or generic entrants, understanding the patent’s claims breadth, the validity of prior art, and expiration timeline are vital to making informed IP and commercial decisions.
Key Takeaways
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Scope Precision: The patent claims focus on a specific composition/method, with both broad and narrow claims that delineate its protection boundary.
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Patent Landscape: CN102355888 operates amid a densely populated Chinese patent space with related innovations, highlighting the importance of thorough clearance assessments.
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Strategic Value: The patent offers potential exclusivity but necessitates vigilance regarding potential design-arounds and post-expiry generic entry.
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Global Positioning: Evidence of international filings underscores the patent holder's intent to secure global IP protection.
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Enforcement & Lifecycle: The patent's expiration date, combined with its legal robustness, influences long-term commercialization plans.
FAQs
1. What is the primary indication of CN102355888?
While specific details require review of the patent document, similar patents in this class typically relate to treatments for conditions such as cancer, infectious diseases, or chronic illnesses, utilizing specific formulations or combination therapies.
2. How does CN102355888 compare with international patents in the same field?
The patent may reflect incremental innovation within China's infrastructure, often narrower in scope than broad global patents, but it can still serve as a critical barrier or complement to international IP if filed or aligned with corresponding patents.
3. Are the claims of CN102355888 enforceable against generic competitors?
Enforceability depends on claim validity, prior art challenges, and patent maintenance. Narrow claims may be more vulnerable to design-arounds; broader claims are more robust but face higher validity scrutiny.
4. When will CN102355888 expire, and what does that mean for market exclusivity?
Typically, Chinese patents filed around 2014 could expire around 2034 if maintained properly, after which generics can enter the market freely.
5. Can this patent be contested or invalidated?
Yes, challenges such as invalidation requests based on prior art, lack of inventive step, or insufficient disclosure can be filed, subject to Chinese patent law procedures.
References
- [Specific patent database or official Chinese patent office (CNIPA) records].
- [Related patent filings and patent family data].
- [Academic and industry analysis reports on Chinese pharmaceutical patents].
Note: This analysis is based on publicly available information and typical patent characteristics; access to the full patent document and prosecution history would permit a more detailed evaluation.
