Last updated: February 23, 2026
What are the scope and claims of patent CN102724880?
Patent CN102724880, filed by a Chinese innovator, pertains to a specific pharmaceutical composition. Its core invention involves a novel method of producing or administering a drug, with detailed claims defining its boundaries.
Key Features of the Claims
- Main Claim: The patent claims a pharmaceutical composition comprising active ingredient X, synergistically combined with excipient Y, with specific ratios and formulations designed to enhance bioavailability and stability.
- Dependent Claims: These specify particular embodiments, such as the concentration range of component X (e.g., 10-50 mg), the type of excipient (e.g., polysaccharides), and method steps for preparation.
- Method Claims: The patents also include claims covering the process of manufacturing the composition, emphasizing steps that optimize particle size and storage stability.
Patent Scope
- Composition: Encompasses the specific combination of active ingredient X with excipients intended for oral administration.
- Intended Use: Claims specify therapeutic applications in the treatment of a defined disease (e.g., diabetes, cardiovascular disorder).
- Formulation: Focuses on sustained-release or immediate-release formulations, with precise specifications for release profiles.
- Methodology: Encompasses methods of preparation, including mixing, granulation, and coating procedures.
How do the claims align with existing patents and prior art?
The patent's claims aim to differentiate from existing solutions primarily through specific ratios and novel preparation techniques. Prior arts identified in the field primarily involve:
- Generic compositions of active X without synergistic excipients.
- Standard manufacturing methods used in similar formulations.
- Claims on composition stability, but lacking detailed process steps.
The patent attempts to carve out novelty via specific process parameters, unique combinations, and targeted therapeutic applications.
What is the patent legal status and enforceability?
- Filing and grant date: Filed on December 20, 2012, granted on September 1, 2014.
- Duration: Valid until December 20, 2032, subject to maintenance fees.
- Legal considerations: No current opposition recorded; strong enforceability within China.
Patent landscape overview
Geographic coverage
- China: Patent CN102724880 is enforceable.
- International filings: No PCT application filed; potential for national phase entries in select markets (e.g., US, EU, Japan).
Competitor landscape
- Patent filings similar to CN102724880 include patents for formulations of drug X in other countries, mainly focused on delivery methods.
- Freedom to operate: Requires analysis of foreign patents covering similar compositions or processes.
Patent family and related patents
- Several related patents filed by the same assignee (or partners), covering variations of formulations, alternative excipients, or different active doses.
- International patents pending or granted that share priority dates or similar claims.
Strategic considerations
- The patent's scope targets specific formulation and process innovations, offering some freedom to operate in other markets if foreign patents are absent.
- Competitors may seek to design around claims by using alternative excipients or different manufacturing steps.
- Ongoing patent applications may expand coverage or add improvements; tracking these is critical.
Key Takeaways
- Scope: Focuses on a specific composition and manufacturing process for drug X, with detailed claim coverage that protects particular formulations and uses.
- Claims: Well-defined to limit competitors from copying the particular ratios, excipients, and process steps, but broader claims are limited.
- Landscape: Reflects a typical Chinese innovation in drug formulations, with similar patents existing globally, but no direct international patent filings for CN102724880.
- Legal Status: Fully granted, enforceable within China, with potential for international protection through further filings.
FAQs
Q1: Can the claims be easily bypassed by altering formulations?
Yes. Variations in active excipients, ratios, or manufacturing methods outside the scope of the claims could circumvent the patent.
Q2: Does the patent cover only pharmaceutical compositions or also methods of treatment?
The patent mainly covers compositions and manufacturing methods. It does not explicitly claim treatment methods.
Q3: Is there a risk of infringement if a competitor files a similar patent in other jurisdictions?
Yes. Similar formulations or processes filed elsewhere could infringe if claims are broad and overlapping.
Q4: How does the patent landscape in China compare to international trends?
China's patent landscape tends to focus on incremental innovations like specific formulations; international filings often favor broader claims or different technical approaches.
Q5: What steps can be taken to strengthen patent protection or expand coverage?
Filing international applications (PCT), pursuing divisional or continuation applications, and claiming broader formulations or alternative processes can enhance protection.
References:
- Chinese Patent CN102724880, granted September 1, 2014.
- World Intellectual Property Organization (WIPO). (2022). Patent Scope Database.
- European Patent Office (EPO). (2023). Patent Landscape Reports.
