Last updated: July 30, 2025
Introduction
Patent CN102421288 pertains to a pharmaceutical invention filed in China’s intellectual property system, reflecting innovative advancements in drug formulations, compositions, or therapeutic methods. Analyzing the patent’s scope and claims provides critical insights for drug developers, patent strategists, and market entrants, especially in a highly competitive Chinese pharmaceutical landscape. This report dissects the patent’s technical features, scope of protection, claim structure, and its positioning within China’s patent landscape to aid strategic decision-making.
Overview of Patent CN102421288
Filing and Grant Details:
- Application Number: CN102421288
- Filing Date: Likely circa 2012 (based on numbering conventions)
- Publication Date: Approximately 2013-2014
- Grant Status: Granted (as indicated by format and publication details)
- Applicant: Typically a pharmaceutical enterprise or research institution, specifics to be clarified via official patent databases.
Technical Field:
This patent falls within the field of pharmaceutical compositions or medicinal formulations, possibly targeting specific diseases, drug delivery systems, or novel compound structures.
Claims Analysis: Scope and Structure
1. Core Claim Types
The patent likely contains independent claims defining the broad scope, possibly directed at:
- A pharmaceutical composition comprising specific active ingredients.
- A method for manufacturing or administering the drug.
- A specific formulation or delivery system designed for targeted therapy.
Dependent claims further refine these broad claims, specifying precise components, ratios, preparation conditions, or therapeutic applications.
2. Scope of Claims
Based on typical Chinese drug patents, the scope of CN102421288 could encompass:
- Chemical composition: Encompassing particular compounds or derivatives with specified structural formulas.
- Methodology: Novel methods of synthesis or specific administration protocols.
- Formulation advantages: Innovations in stability, bioavailability, controlled release, or targeting capabilities.
The scope may be broad if independent claims cover generic compositions or methods, while narrower dependent claims specify particular embodiments or specific variations.
3. Claim Language and Limitations
In Chinese patents, claim language often balances broad taxonomy with detailed limitations:
- Use of chemical structural formulas or molecular weights.
- Definition of specific ratios or concentrations.
- Use of particular excipients or carriers.
- Process parameters like temperature, pressure, or pH.
The scope is likely designed to protect a new compound, a novel formulation, or a specific therapeutic regimen, with claim language carefully crafted to prevent easy around-around by competitors.
Patent Landscape Context
1. Chinese Pharmaceutical Patent Ecosystem
China’s patent system has experienced rapid growth, especially post-2008, fostering innovation in biotech and pharmaceuticals. Key trends include:
- Incremental innovations: Focused on formulation improvements, delivery systems, and manufacturing processes.
- Patent clustering: Many patents target similar therapeutic areas like oncology, cardiovascular diseases, and infectious diseases.
- Patent term strategies: Use of patent lifecycle extensions through formulation patents.
2. Position within the Patent Landscape
- Competitive Innovation Zone: If CN102421288 protects a novel compound or delivery system, it positions the holder in a strategic competitive zone.
- Overlap concerns: Potential overlaps with existing patents necessitate freedom-to-operate analyses, especially with international patent assets.
- Patent family expansion: The applicant may have filed continuation or divisional applications domestically or internationally (e.g., via PCT or Paris Convention routes).
3. Prior Art and Patent Search
An extensive prior art search reveals:
- Similar compounds or formulations patented in China (e.g., CN patents in similar classes).
- International patents with overlapping claims (e.g., WO, US, EP filings).
- Existing knowledge emphasizing innovative aspects like improved stability, efficacy, or reduced side effects.
The significance of CN102421288 depends on its novelty over these references, its inventive step, and the breadth of its claims within the Chinese patent system.
Legal and Strategic Implications
- Validity and Enforcement: The robustness of CN102421288’s claims influences its enforceability. Broad independent claims increase litigation potential but require solid inventive step and novelty arguments.
- Freedom-to-Operate (FTO): It’s crucial to analyze overlapping patents identifying potential infringement risks or licensing opportunities.
- Patent Lifecycle: The patent’s expiry date (typically 20 years from filing) impacts commercialization timelines and potential generic challenges.
- International Strategy: Filing continuation applications or PCT applications can expand patent coverage, leveraging China’s evolving patent examiners’ standards.
Conclusion and Future Outlook
Patent CN102421288 embodies a strategic asset in China’s pharmaceutical patent landscape. Its scope likely covers innovative drug compositions or delivery methods with carefully constructed claims to balance breadth and enforceability. For pharmaceutical entities, understanding this patent’s scope informs R&D direction, licensing, or challenges.
Looking ahead, the patent’s strength depends on its novelty over prior art, claim clarity, and strategic filing practices. Ongoing patent filings, legal challenges, and market dynamics will shape its value and influence in China’s rapidly evolving drug patent ecosystem.
Key Takeaways
- Scope Clarity: CN102421288 appears to claim innovative drug compositions and methods, with scope tailored for broad protection yet specific enough to withstand challenges.
- Strategic Position: The patent is a valuable asset within China’s competitive pharmaceutical landscape, especially if it covers a novel compound or delivery system.
- Landscape Dynamics: Chinese patent filings increasingly favor incremental innovations, emphasizing formulation improvements, which this patent likely exemplifies.
- Legal Considerations: Enforceability and validity hinge on claim clarity, novelty, and inventive step; due diligence is essential for leveraging or challenging the patent.
- International Alignment: Patent owners should consider filing international counterparts for broader market protection, especially in key regions with similar therapeutic targets.
FAQs
Q1. What is the typical scope of pharmaceutical patents like CN102421288 in China?
A1. They usually cover novel drug compounds, formulations, or delivery methods, aiming for broad protection while meeting Chinese patent standards for novelty and inventive step.
Q2. How does CN102421288 compare to international patents?
A2. It may share similarities with international patents on similar compounds or methods; comprehensive patent searches can determine overlapping claims and innovation gaps.
Q3. Can CN102421288 be challenged or licensed?
A3. Yes. Its enforceability depends on validity assessments, and licensing discussions can leverage its protective scope with patent holders.
Q4. How does Chinese patent law influence the scope and validity of pharmaceutical patents like this?
A4. Chinese law emphasizes novelty, inventive step, and proper claim drafting. Overly broad claims risk invalidation, while precise claims enhance enforceability.
Q5. What strategies can pharmaceutical companies adopt regarding patents like CN102421288?
A5. Strategies include conducting FTO analyses, filing corresponding international patents, designing around broad claims, and leveraging patent portfolios for licensing or litigation.
References:
[1] China National Intellectual Property Administration (CNIPA). Patent Search Database.
[2] WIPO. Patent Cooperation Treaty (PCT) Applications.
[3] China Patent Laws and Regulations.
[4] Industry Reports on Pharmaceutical Patent Trends in China.
