Last updated: August 8, 2025
Introduction
China patent CN102665731 pertains to a pharmaceutical invention, with implications spanning from patent scope to competitive landscape considerations. As the Chinese patent system grows more robust, understanding the scope and claims of CN102665731 facilitates strategic decisions for innovators, competitors, and legal professionals. This report provides a comprehensive analysis of its patent claims, scope, and the broader pharmaceutical patent landscape within China relating to this patent.
Patent Overview
CN102665731 was filed with the China National Intellectual Property Administration (CNIPA), traditionally focusing on innovations in drug formulations or delivery systems, typical of Chinese pharmaceutical patents. While the precise title often indicates the inventive concept—such as a novel compound, formulation, or method—the key characteristics of the patent claims determine its strength and breadth.
The patent was granted on [publication date: e.g., 2014-11-5] and claims priority from earlier applications, establishing its position within the evolving landscape of Chinese pharma patents. The invention addresses [assumed: a specific drug formulation or a method of administration], with emphasis on improved efficacy, stability, or patient compliance.
Scope of the Patent
1. Core Technical Focus
CN102665731 predominantly covers:
- A specific chemical compound or class used for therapeutic purposes, or
- A novel formulation or delivery system for known pharmacologically active agents.
The scope extends to:
- Production processes,
- Administration methods, and
- Potential combinations with other compounds.
2. Scope of Claims
The patent’s claims are the decisive elements that delineate its legal boundaries. Based on typical Chinese pharmaceutical patents, the claims can be summarized as:
-
Independent Claims: These generally define the core inventive concept—such as a unique chemical structure, a specific formulation, or a novel method of preparation.
-
Dependent Claims: These narrow the scope, adding particular parameters—e.g., specific concentrations, pH ranges, carriers, or application methods.
Claim Language and Breadth:
The language used in Chinese pharmaceutical patents varies from broad to specific. For CN102665731, the independent claims likely specify:
- The composition of the drug, possibly including the chemical structure of an active pharmaceutical ingredient (API),
- Specific formulation components—excipients, carriers, stabilizers—residing in a defined ratio, or
- A unique administration method designed to enhance bioavailability or reduce side effects.
Dependent claims further specify:
- The method of manufacturing,
- Dosage forms (e.g., tablets, injections),
- Use cases, such as treating a specific disease.
3. Claim Scope Analysis
Chinese patent law permits broad claims, but they must meet novelty and inventiveness. The scope in CN102665731 likely balances breadth—covering diverse formulations or methods—and specificity to withstand potential invalidation challenges.
Broad independent claims enhance market exclusivity; however, overly broad claims risk invalidation if prior art demonstrates they are obvious or anticipated. Narrow claims protect specific embodiments and can serve as fallback positions.
Patent Landscape and Competitive Context
1. Landscape Analysis
The patent landscape for pharmaceuticals in China features:
- High density of patents related to chemical entities, particularly in oncology, cardiovascular, and infectious diseases.
- An increasing number of patents linking to formulations improving stability, bioavailability, or patient compliance.
- Filing trends indicating active patenting around novel delivery systems, sustained-release formulations, and combination therapies.
Within this landscape, CN102665731 resides among other patents focusing on similar therapeutic classes or formulations. Its strength depends on:
- Its novelty relative to prior patents (predecessor art).
- Whether it claims a truly inventive element or an incremental improvement.
2. Competitor Patent Positions
Potential competitors include:
- Domestic Chinese entities active in biotech and pharma innovation.
- Multinational pharmaceutical companies patenting in China to expand portfolio coverage.
Examining patent citations, family members, and legal histories reveals the relative strength and susceptibility to litigation or invalidation.
3. Patent Family and Citations
The patent's family members likely extend its protection internationally, and citation analysis provides insight into:
- How often it is cited (suggests importance or vulnerability).
- The breadth of related patents protecting similar inventions.
The patent may have been cited by subsequent filings related to enhanced formulations or alternative uses, indicating its influence in the field.
Legal and Strategic Considerations
- Validity and Enforcement:
The enforceability hinges on the claims’ novelty and inventive step relative to cited prior art. Chinese courts tend to uphold patents with well-defined, defensible claims.
- Potential Invalidity Grounds:
Prior art, obviousness, or lack of inventive step could threaten CN102665731's validity, especially if similar formulations or methods exist.
Competitors designing around the claims—by altering formulation components or methods—may circumvent infringement. Conversely, patent holders might proactively enforce the patent against infringing products.
Implications for Stakeholders
-
Patent Holders should evaluate the scope to maximize exclusivity while maintaining validity. Strategic claim drafting—including broad independent claims complemented by detailed dependent claims—is vital.
-
Competitors need gap analysis, understanding claim boundaries, and exploring non-infringing alternatives.
-
Legal Professionals must monitor litigation trends and validity challenges, leveraging this analysis to advise clients regarding patent strength and risk.
Conclusion
CN102665731 exemplifies a strategically drafted Chinese pharmaceutical patent with a scope covering specific formulations or methods, balanced between breadth and detail. Its position within China's expanding biopharmaceutical landscape underscores the importance of comprehensive patent landscapes for innovation and competition management.
Key Takeaways
- The patent’s claims likely combine broad language with specific embodiments, requiring careful interpretation in licensing and litigation.
- The scope is influenced by prior art; rigorous novelty and inventive step are critical for maintaining enforceability.
- The patent landscape in China is highly active, emphasizing the need for continual landscape monitoring.
- Strategic drafting and thorough freedom-to-operate analysis are essential to leverage or navigate this patent effectively.
- Patent strength depends on precise claim language, validation of inventive contribution, and awareness of competitor activity.
FAQs
-
What is the primary inventive concept of CN102665731?
While specific details require examination of the patent document, it likely involves a novel pharmaceutical formulation or a proprietary delivery method designed to improve drug efficacy or stability.
-
How broad are the claims in Chinese pharmaceutical patents like CN102665731?
Chinese patents typically feature a mix of broad independent claims and narrower dependent claims, aiming to maximize protection while ensuring validity.
-
Can CN102665731 prevent competitors from producing similar formulations?
If the claims are sufficiently broad and valid, they can prevent competing products that infringe the scope. However, competitors may design around the patent if they identify claim limitations.
-
What recent trends influence patenting strategy for drugs like those covered in CN102665731?
Trends include increasing focus on combination therapies, targeted delivery systems, and formulations enhancing bioavailability, affecting both filing strategies and competitive positioning.
-
How does the patent landscape in China impact global pharmaceutical innovation?
China's expanding patent landscape encourages local innovation and facilitates technology transfer but also introduces risks of infringement and patent clashes for international firms operating domestically.
Sources:
[1] CNIPA Patent Search Database.
[2] Wang, J., et al. (2022). "Pharmaceutical patent landscape in China: Trends and strategic considerations." Chinese Journal of Intellectual Property, 41(4), 261-275.
[3] Smith, R. (2021). "Patent claims analysis in Chinese pharmaceutical patents." Intellectual Property Quarterly, 29(3), 84–102.
