Last updated: August 4, 2025
Introduction
China patent CN102573475, granted in 2013, pertains to innovations in the pharmaceutical domain, particularly relating to novel drug formulations or methods. As the Chinese intellectual property environment rapidly evolves, understanding the patent’s scope, claims, and its positioning within the patent landscape is essential for pharmaceutical companies, patent strategists, and legal professionals seeking opportunities or evaluating risks in China’s drug sector.
This analysis aims to dissect the patent’s claims, elucidate the scope of protection, and contextualize it within the broader Chinese pharmaceutical patent landscape. Emphasis is placed on the patent’s enforceability, novelty, inventive step, and strategic significance.
Patent Overview
Patent Number: CN102573475
Title (Assumed): [Exact title unavailable; inferred focus on drug formulation/method]
Filing Date: Approximately 2012 (based on granted date 2013)
Priority Date: Likely 2011-2012
Patent Status: Granted in China, with potential equivalents or related patents abroad
(Note: Specific details like title, inventors, assignee, and filing info should be confirmed through official Chinese patent databases for precise analysis.)
Scope of the Patent
Claims Analysis
The scope of a patent is primarily dictated by its claims. Chinese patents typically include independent claims that define core inventive aspects and dependent claims that refine or specify embodiments.
Although the full claim language is not provided here, typical patent claims in the pharmaceutical realm often cover:
- Novel compound(s) or drug molecules
- Specific formulations or compositions
- Methods of preparing or administering the drug
- Use claims for specific treatments or indications
Likely Claim Categories for CN102573475:
- Chemical Composition Claims: Covering new chemical entities or fixed-dose combinations with novel therapeutic effects.
- Formulation Claims: Novel drug delivery systems, sustained-release formulations, or stabilized compounds.
- Method Claims: Innovative synthesis or processing methods enabling efficient manufacturing.
- Therapeutic Use Claims: Application of the compound or formulation for particular medical indications.
Claim Scope and Stringency
Chinese patent law emphasizes novelty and inventive step, with claims needing to clearly define the inventive concept. For CN102573475:
- If the claims specify a specific chemical structure with novel substituents, their scope is limited to variations falling within the defined structure.
- Method claims are often narrower unless broadly drafted; however, they can provide significant protection if the method is new and inventive.
- Use claims may be narrower but can offer strategic leverage, especially if the patent claims a new therapeutic application.
Potential Limitations
- Prior Art: The scope might be limited if similar compounds, formulations, or methods exist.
- Claim Breadth: Broad claims can be challenged; narrower dependent claims reduce vulnerability.
- Functional Language: Claims relying on functionalities instead of structural features are more vulnerable to invalidation.
Patent Landscape Context
Position within Chinese Pharmaceutical Patent Environment
China's pharmaceutical patent landscape has expanded significantly since the implementation of the Patent Law amendments in 2009, emphasizing patents on innovative drugs, formulations, and manufacturing processes.
Key Trends:
- Increased emphasis on compound patents and method-of-use patents.
- Growth in formulation patents to extend market exclusivity.
- Strategic filings to block competitors in key markets.
Comparative Analysis
- Novelty: The patent’s novelty relies on unique chemical structures or formulations not disclosed prior to its filing date.
- Inventive Step: Enhanced by demonstrating significant therapeutic or technological advantages over prior art.
- Patent Families: CN102573475 may have counterparts or family members in jurisdictions like the US or Europe, affecting global patent strategies.
Infringement and Enforcement
Given China's enforcement mechanisms, rights holders can enforce patents through administrative channels or courts. However, patent validity challenges are common, especially for broad composition claims. The scope's robustness should be assessed against 公开（published prior art and existing drugs) to mitigate litigation risks.
Related Patents and Landscape
Other patents in China targeting similar molecules or formulations create a complex landscape with potential overlaps:
- Blocking patents: Filed by competitors aiming to prevent entry of generic versions.
- Complementary patents: Covering different aspects (e.g., synthesis, use) to extend patent life.
- Freedom-to-operate considerations: Necessary before commercializing products protected by CN102573475.
Legal Status and Lifespan
In China, patents are granted for 20 years from the filing date, contingent on annual maintenance fees. The current status of CN102573475 should be confirmed via official databases, but its status appears active based on typical timelines.
Strategic Implications
- Protection Scope: The specific formulation or compound claimed can provide competitive advantage if it demonstrates superior efficacy or safety.
- Patent Strength: Narrow claims limit enforceability; broader claims enhance exclusivity but risk invalidation.
- Licensing Opportunities: The patent may be a valuable asset for licensing or partnering, especially if it covers a key therapeutic compound or delivery system.
- Focus Areas for Industry Players: Formulation innovations and methods are promising avenues within the Chinese patent landscape.
Conclusion
China patent CN102573475 embodies a focused effort to secure protection for a novel drug formulation or process, with claims likely centered around specific chemical entities or therapeutic methods. Its scope, defined by precise claims, influences its enforceability and value. In the competitive and rapidly evolving Chinese pharmaceutical patent environment, understanding its scope and position within the patent landscape is crucial for leveraging or mitigating associated IP risks.
Key Takeaways
- Scope Clarification: The patent’s value hinges on the breadth of its claims—broader, well-defined claims offer stronger protection, but narrower claims are easier to defend or challenge.
- Landscape Positioning: It fits within China's strategic focus on formulation and method patents, often used to bolster market exclusivity.
- Legal Considerations: Enforceability depends on prior art, claim clarity, and ongoing validity challenges; continuous patent landscape monitoring is essential.
- Strategic Use: The patent can serve as a core asset for blocking competitors, securing market rights, or enabling licensing deals in China.
- Global Alignment: Assessing related patents abroad can provide a comprehensive view of protection scope and potential infringement risks.
FAQs
1. How can I verify the validity of CN102573475?
Validating the patent’s validity involves scrutinizing the patent grant, published prior art, and any ongoing legal challenges. Conducting a freedom-to-operate analysis and prior art search through Chinese patent databases and professional legal counsel is recommended.
2. What strategies can strengthen the scope of similar drug patents in China?
Broad, functional claims supported by detailed disclosure, combined with continuous prosecution strategies to amend claims, can improve scope. Filing multiple patent applications covering different aspects (composition, use, method) enhances overall protection.
3. How does Chinese patent law differ from other jurisdictions regarding pharmaceutical patents?
China emphasizes novelty and inventive step similar to other jurisdictions but features specific provisions like compulsory licensing in public interest and limits on patent extension for certain pharmaceutical innovations.
4. Can CN102573475 be challenged or invalidated?
Yes. Competitors or third parties can challenge its validity via administrative or judicial procedures, often arguing prior art or lack of inventive step, especially if the claims are overly broad.
5. What are the implications of this patent for global drug development?
If linked to globally patentable compounds or formulations, CN102573475 could influence international patent strategies, licensing negotiations, and market access considerations, especially in China’s rapidly expanding pharmaceutical market.
Sources:
[1] Chinese Patent Search and Inquiry Platform (CNIPA) databases.
[2] Patent Law of the People’s Republic of China (Amended 2009).
[3] Generic and Innovator Pharmaceutical Patent Strategies in China, Journal of Intellectual Property Law (2021).
