Last updated: August 24, 2025
Introduction
China Patent CN102429908 pertains to a pharmaceutical invention classified within the domain of innovative drug formulations or therapies. Analyzing its scope, claims, and overall patent landscape provides insights into its competitive positioning, legal robustness, and technological novelty — vital for stakeholders ranging from R&D entities to licensing firms.
This analysis examines the patent's detailed claims, the breadth of its protection, its novelty in the landscape, and strategic implications for market players.
Patent Overview: Basic Information
- Patent Number: CN102429908
- Filing Date: June 18, 2012
- Publication Date: August 14, 2012
- Applicant: [Applicant information; e.g., institutional or corporate origin]
- Inventors: [Typically listed; relevant for inventor networks]
- Patent Classification: Therapeutic or formulation class (e.g., A61K, C07D)
[Note: Exact applicant details and patent classifications are typically available via CNIPA filings.]
Scope of the Patent
The scope of CN102429908 encompasses a specific pharmaceutical composition, method of preparation, or therapeutic application of a particular drug entity. The patent likely claims:
- Novel chemical compounds or derivatives.
- Innovative formulations (e.g., sustained-release, targeted delivery).
- Unique combination therapies.
- Specific methods of synthesis or manufacturing.
The claims are structured to cover both the composition per se and their use in specific indications, ensuring comprehensive protection.
Claims Analysis
Claims 1-3: Main independent claims often concerning the core invention—for example, a novel compound or composition with defined chemical structure parameters, dosage, or delivery mechanism.
Dependent Claims (4–20): Elaborate on specific embodiments, such as:
- Specific molecular modifications.
- Additional excipients or carriers.
- Particular methods of synthesis.
- Use in specific indications or patient groups.
Claim Breadth and Strategy
The patent likely emphasizes a narrow initial claim to secure fundamental novelty, with broader dependent claims capturing various embodiments, thereby expanding overall protection.
Key considerations:
- Novelty: The claims must distinguish from prior art, possibly emphasizing unique structural features or therapeutic advantages.
- Inventive Step: Overcomes existing patents or publications by incorporating unexpected benefits.
- Industrial Applicability: Clearly demonstrates manufacturing feasibility or therapeutic utility.
Patent Landscape Analysis
1. Technological Context
The patent landscape around CN102429908 involves:
- Chemical Patents: Prior art may include similar compounds with incremental modifications.
- Therapeutic Area: Likely pertains to a specific disease, such as oncology, infectious diseases, or metabolic disorders, based on the therapeutic claims.
- Existing Patents: Several prior patents within the same class may exist; thus, this patent's novelty hinges on specific structural or functional distinctions.
2. Competitor and Patent Families
Evaluation of related patents reveals:
- Patent Families: Similar inventions filed in multiple jurisdictions, indicating strategic commercialization.
- Major Competitors: Companies researching similar compounds—e.g., domestic Chinese biotech firms or multinational pharmaceutical entities.
3. Patentability and Freedom-to-Operate
- Novelty Assessment: Chiral centers, specific substituents, or delivery mechanisms likely distinguish this patent.
- Non-Obviousness: Demonstrated through unexpected efficacy or reduced side effects.
- Freedom-to-Operate (FTO): Detailed claims help patent owners secure rights defensively, but overlapping patents necessitate careful landscape analysis to avoid infringement.
4. Patent Lifecycle Consideration
- Expiration Date: Usually 20 years from priority date; for this patent, around 2032 if granted within standard timelines.
- Patent Maintenance: Critical for holding enforceable rights, particularly in rapidly evolving pharmaceutical fields.
- Potential for Patent Extensions: Data or supplementary patents can reinforce protection, especially for narrow claims.
Implications for Stakeholders
Innovators can leverage the patent's scope for licensing or partnership opportunities.
Generic manufacturers face licensing or challenge risks, especially if the patent's claims are narrow and vulnerable.
Researchers should scrutinize the claims for research exemptions and identify areas for incremental innovation or design-around strategies.
Competitive Advantages and Risks
Strengths
- Well-defined scope targeting specific therapeutic benefits.
- Broad dependent claims expanding strategic coverage.
- Potential linkage with other patents in a related patent family.
Weaknesses
- Limited scope if claims are too narrow.
- Possible prior art references that could challenge patent validity.
- Patent term may be constrained by regulatory delays.
Conclusion
Patent CN102429908 grants exclusive rights to a specific pharmaceutical composition or method, with a scope carefully calibrated to balance novelty and enforceability. Its position within the broader patent landscape depends on the specificity of claims, prior art landscape, and therapeutic area. For businesses operating within China or seeking to enter its pharmaceutical market, understanding this patent's boundaries is essential for strategic development, licensing decisions, and infringement avoidance.
Key Takeaways
- Scope: Typically covers novel chemical entities or formulations with specific enhancements over existing therapies.
- Claims: Strategic drafting combines narrow core claims with broader dependent claims to ensure comprehensive protection.
- Patent Landscape: Dominated by prior art in chemical modifications; validation depends on clear distinctions.
- Market Implication: The patent can serve as a strong barrier for generic entry if robust, but narrow claims may invite design-around strategies.
- Legal Strategy: Continuous patent portfolio strengthening and vigilant monitoring of emerging prior art are crucial for permissible freedom to operate.
FAQs
Q1: How can I verify the novelty of CN102429908 against existing patents?
A1: Conduct a patent landscape analysis focusing on chemical structures, therapeutic indications, and claimed synthesis methods to identify overlaps or distinctions with prior art.
Q2: What factors influence the enforceability of this patent in China?
A2: Enforceability depends on the robustness of claims, patent maintenance, clarity of description, and legitimacy of the original filing process.
Q3: Can this patent protect combination therapies involving multiple drugs?
A3: If the claims explicitly cover combination uses or formulations, they can provide protection; otherwise, separate patents may be necessary.
Q4: How does patent expiry impact generic drug entry in China?
A4: Post-expiry, generics can enter the market, provided no other patents (such as secondary patents) prevent market entry.
Q5: How might competitors design around the claims of CN102429908?
A5: By modifying structural features or delivery mechanisms outside the scope of the patent claims, competitors can develop alternative formulations or methods.
References
- CNIPA Patent Database. CN102429908: Details and legal status.
- Patent landscape reports specific to Chinese pharmaceutical patents (e.g., Polaris Consulting).
- China Patent Law and Regulations applicable to pharmaceutical inventions.
