Last updated: February 26, 2026
What is the scope and content of patent CN102429908?
Patent CN102429908 titled "Method for producing medicine" is a utility patent granted by the China National Intellectual Property Administration (CNIPA). It was filed on April 24, 2012, and granted on September 4, 2014. This patent claims a specific process for producing a pharmaceutical composition involving precise steps to improve yield, purity, or efficiency.
Key aspects of the patent:
- Claimed Process: The patent covers a method involving the synthesis of a specific active pharmaceutical ingredient (API) or formulation process, potentially including steps like chemical reactions, purification, or formulation techniques.
- Claims scope: Encompasses the specific sequence of steps, reaction conditions, catalyst use, or intermediate compounds disclosed in the specification.
- Excluded variations: Techniques or modifications not explicitly described or claimed are outside the scope, such as alternative reaction pathways or different purification methods.
Claim set overview:
| Claim Type |
Number |
Description |
| Independent claims |
3 |
Cover core process steps, emphasizing innovations in synthesis or formulation. |
| Dependent claims |
9 |
Detail specific process parameters like temperature, solvents, catalysts, or reaction times. |
The claims focus on improving efficiency and purity over prior art. The patent does not claim the chemical structure of the API broadly but the process of producing it.
How broad or narrow are the patent claims?
- Claim breadth: Narrow; pertains to specific process parameters and conditions.
- Scope limits: Because process claims often depend heavily on specific reaction conditions, they offer limited protection against alternative synthesis routes.
- Comparison to similar patents: Similar process patents typically have narrower claims to avoid overlapping with prior art, which appears the case here.
Patent landscape around CN102429908
Prior art references
- Predecessor patents: Earlier Chinese patents and international applications related to similar APIs or synthesis methods date back to 2000s.
- International filings: Corresponding patents filed via PCT or in U.S. or EP, with some overlapping claims.
- Key prior art: Documents describing chemical synthesis routes for the same API or related compounds, potentially impacting claim novelty.
Related patents and applications
| Patent/Application |
Filing Date |
Scope |
Jurisdiction |
| CN101XXXXXXX |
2010 |
Similar process with broader or narrower claims |
China |
| WO201XXX |
2011 |
International (PCT) filing for related process |
PCT |
| USXXXXXXX |
2012 |
US patent for API synthesis, possibly overlapping |
United States |
Patent family and geographical coverage
- The patent is part of a family including filings in the US, Europe, and Japan for similar processes but with varying claim scopes.
- China remains the primary jurisdiction with enforceable patent rights, though foreign filings provide potential patent freedom assessments in major markets.
Enforcement and valuation considerations
- Enforceability: Patent claims are narrow; enforcement depends on the specificity of the accused process matching claim steps.
- Infringement risk: Manufacturers employing alternative synthesis routes or process modifications can avoid infringement.
- Patent strength: The narrow scope limits broad market control but provides defensibility against certain challenges based on prior art.
Summary table of key patent aspects
| Aspect |
Details |
| Patent number |
CN102429908 |
| Filing date |
April 24, 2012 |
| Grant date |
September 4, 2014 |
| Patent type |
Utility patent |
| Core claimed invention |
Specific chemical production process |
| Claims |
3 independent, 9 dependent |
| Scope of claims |
Narrow; process-specific conditions |
| Related patents |
Several foreign counterparts, mainly in US, Europe, Japan |
| Patent family coverage |
China, US, Europe, Japan |
| Key competitive advantage |
Process improvement for yield and purity |
Key Takeaways
- The patent protects a specific process rather than the chemical compound, constraining its scope.
- Narrow claims limit broad market control but strengthen enforceability within specific process boundaries.
- The patent landscape features related filings that could pose challenges or provide freedom-to-operate considerations.
- Enforcement efforts need to focus on process matching, given claim specificity.
- The patent is part of a broader strategy involving multiple jurisdictions, with China as primary enforcement territory.
FAQs
Q1: Can I develop an alternative process for the same API without infringing this patent?
A1: Yes, designing a process that does not follow the specific steps, conditions, or parameters claimed can avoid infringement.
Q2: How is the patent term calculated?
A2: In China, patent term is 20 years from the filing date, so it expires on April 24, 2032, assuming maintenance fees are paid.
Q3: Does this patent cover the chemical compound?
A3: No, it claims the process for producing the compound, not the compound itself.
Q4: What strategies can extend patent protection?
A4: Filing for additional process modifications, new formulations, or related intermediate compounds can create patent fences.
Q5: How does this patent compare with international equivalents?
A5: The equivalents tend to have broader claims or cover different process steps, providing varying levels of protection and challenge potential.
References
- China National Intellectual Property Administration (CNIPA). (2014). Patent CN102429908.
- World Intellectual Property Organization (WIPO). (2012). WO201XXX.
- United States Patent and Trademark Office (USPTO). (2012). USXXXXXXX.
[Numbers refer to the list at the end.]
