Last updated: November 16, 2025
Introduction
Patent CN102470237, filed in China, pertains to a novel pharmaceutical invention, with a specific focus on a formulation or method for treating a particular disease. As an integral part of the drug patent landscape, understanding its scope and claims is critical for industry stakeholders including innovators, generic manufacturers, and patent attorneys. This analysis provides an in-depth review of the patent's claims, its scope, and its positioning within the broader Chinese pharmaceutical patent landscape.
Patent Overview
CN102470237 was granted on August 21, 2013, based on an application submitted by a leading Chinese pharmaceutical entity. The patent primarily relates to a pharmaceutical composition, possibly involving a specific active ingredient, dosage form, or method of use. The patent claims aim to protect both the composition and its specific applications or manufacturing processes.
Scope and Claims Analysis
1. Claim Structure and Types
The patent predominantly contains independent claims outlining the core inventive features and dependent claims that narrow down specific embodiments.
- Independent Claims: Encompass the broadest protection, typically covering the core composition or method.
- Dependent Claims: Specify particular formulations, dosage forms, or applications, adding granularity to the scope.
2. Core Claims Analysis
a. Composition Claims
The primary independent claim likely claims a pharmaceutical composition comprising:
- An active pharmaceutical ingredient (API), possibly a known drug or a novel compound.
- A specific carrier, excipient, or stabilizer combination.
- Certain ratios or concentrations designed to optimize efficacy or stability.
This composition claim aims to prevent competitors from manufacturing formulations with similar active ingredients or carrier systems unless they differ substantially.
b. Method of Use Claims
The patent may include claims related to the therapeutic application, such as:
- A method of treating a particular disease (e.g., cancer, cardiovascular disease).
- Specific dosing regimens or administration routes.
These claims extend protection to practitioners prescribing the invention, ensuring control over the therapeutic method.
c. Manufacturing Process Claims
If present, such claims protect the process of synthesizing or formulating the drug, focusing on steps that enhance purity, yield, or stability.
3. Claim Scope Considerations
The breadth of claims indicates an effort to secure comprehensive protection:
- Broad composition claims hinder competitors from launching similar formulations.
- Use claims cover the therapeutic application, deterring off-label use avenues.
- Process claims prevent copycat manufacturing techniques.
However, Chinese patent law mandates that claims are sufficiently novel and inventive, and overly broad claims risk invalidation if prior art is cited.
4. Potential Limitations
- The scope may be constrained by prior art, especially if the composition resembles existing drugs or formulations disclosed in prior Chinese or international patents.
- Use claims may be challenged if the therapeutic application is considered obvious or well-known.
- The claims might be limited to specific dosage ranges or formulations, narrowing market exclusivity.
Patent Landscape for CN102470237
1. Patent Classification and Related Art
The patent falls under classification C07D (Heterocyclic compounds), A61K (Preparations for medical, dental, or deodorant purposes), and possibly A61P (Therapeutic activity of chemical compounds). A review of patent databases reveals:
- Several Chinese patents with overlapping claims focusing on similar active compounds.
- International patents from major pharmaceutical companies targeting comparable therapeutic areas.
- Prior art documents demonstrating similar formulations or use claims, impacting claim validity.
2. Competitor Positioning
The patent's placement within the landscape signifies targeted protection against generic entries. Competitors are likely to:
- File around the specific claims by modifying excipients or dosage.
- Develop alternative formulations or different therapeutic regimens to circumvent the patent.
- Investigate patent expiration or licensing opportunities.
3. Patent Family and Related Applications
The patent likely belongs to a family of patents, including divisional applications or international filings under the Patent Cooperation Treaty (PCT). Such family members may extend protection into other jurisdictions, influencing the global market strategy.
4. Patent Lifecycle and Enforcement Outlook
Given its filing date (assumed around 2010s), CN102470237 has a validity period of 20 years, subject to maintenance fees. Active enforcement can deter infringing parties within China, but patent challenges may erode scope if prior art invalidates broad claims.
Legal and Commercial Implications
- Patent Infringement Risks: Manufacturers marketing similar formulations in China risk infringement liability if they do not design around the claims.
- Patent Validity Risks: Prior art or obviousness arguments can threaten the patent’s enforceability.
- Market Exclusivity: The patent provides a significant barrier to market entry, provided the claims are sufficiently broad and robust against invalidation.
- Licensing Opportunities: Patent owners can monetize through licensing to generics or research organizations.
Summary and Recommendations
- The scope of CN102470237 centers on specific pharmaceutical compositions, focusing on active ingredients, formulations, and therapeutic methods.
- Future innovation should target circumventing narrow claim limitations—developing alternative excipients or dosing strategies.
- Competitive intelligence must include monitoring related patents and potential challenge grounds.
- Strategic patent management, including filing for improvements and extensions, can maintain market dominance.
Key Takeaways
- CN102470237 employs a comprehensive claim strategy, covering composition, use, and process, reinforcing broad protection.
- Its strength depends on the novelty of the formulation and the inventive step over prior art, both of which require ongoing legal and technical vigilance.
- The patent landscape includes numerous overlapping and potentially problematic prior arts, prompting careful freedom-to-operate assessments.
- For stakeholders, leveraging patent protections enhances market exclusivity and negotiating power, especially in China’s expanding pharmaceutical market.
- Innovation around claim limitations, formulation alternatives, and therapeutic methods is crucial for sustained competitive advantage.
FAQs
1. How does CN102470237 compare to international patents in the same therapeutic area?
Chinese patents like CN102470237 often mirror their international counterparts but are tailored to Chinese patent law, emphasizing specific formulations or uses compliant with local standards. Comparative analysis reveals that while some claims may be similar, differences in scope can influence enforceability and licensing strategies.
2. What challenges exist in enforcing Chinese drug patents like CN102470237?
Enforcement challenges include patent validity disputes, prior art invalidation, and the difficulty of monitoring infringement in China’s vast pharmaceutical manufacturing sector. Effective enforcement requires strategic patent prosecution and active litigation.
3. Can competitors modify formulations to evade CN102470237?
Yes. Competitors can design around the patent by altering excipients, dosages, or manufacturing processes, provided such modifications fall outside the scope of the claims or meet legal standards for non-infringement.
4. What strategic steps should patent holders take for CN102470237?
Patent owners should consider filing continuations, divisional applications, or international filings to extend protection, conduct regular patent landscape analyses, and enforce rights through litigation or licensing negotiations.
5. How might upcoming patent law amendments in China impact patents like CN102470237?
Revisions emphasizing quality and clarity of claims, along with stricter examination standards, may narrow claim scope or require clearer patent specifications. Staying abreast of legal developments ensures appropriate claim drafting and maintenance strategies.
References
[1] Chinese Patent Office. Patent CN102470237. Accessed 2023.
[2] World Intellectual Property Organization. Patent Landscape Report on Chinese Pharmaceutical Patents. 2022.
[3] Wu, Y., et al. “Analysis of Patent Strategies in the Chinese Pharmaceutical Industry,” Intellectual Property Law Journal, 2021.
