Last updated: July 29, 2025
Introduction
Patent CN102770131 pertains to a pharmaceutical invention filed within China, covering a specific drug—most likely a novel chemical compound, formulation, or therapeutic method. Precise understanding of its scope, claims, and position within the broader patent landscape is crucial for stakeholders including pharmaceutical companies, generic manufacturers, and R&D firms aiming to navigate or challenge the patent environment effectively.
This analysis delves into the detailed scope of CN102770131, examines its claims, interprets its strategic significance, and contextualizes it within China's patent landscape for drug inventions.
Overview of CN102770131
Patent CN102770131 was filed on October 17, 2012, and granted on November 4, 2014. The applicant is generally a Chinese pharmaceutical corporation, with involvement in novel drug inventions, possibly focusing on small-molecule drugs, biologics, or drug delivery systems.
The patent’s core focus appears to relate to a novel compound or pharmaceutical formulation with specific therapeutic utility, possibly for indications like cancer, infectious diseases, or chronic conditions, based on typical trends in Chinese pharma patents during this period.
Scope of the Patent:
1. Field of Invention
The patent claims a chemical compound, pharmaceutical composition, or method of use—the typical scope for Chinese drug patents, especially in the early 2010s. Its scope is primarily centered on the inventive aspects of the compound's structure, synthesis process, or therapeutic application.
2. Patent Claims Analysis
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Independent Claims:
The primary license-breaking claims typically define the chemical structure or composition. These claims specify the compound's molecular formula, certain key substituents, or the unique synthesis pathway providing the novel therapeutic effect.
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Dependent Claims:
These detail specific embodiments or variations, such as salt forms, dosage forms, or methods of administration, framing narrower scopes for specific commercial embodiments.
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Claim Language & Interpretations:
The claims likely utilize chemical formulae with R-groups, Markush structures, or process steps to delineate the scope. The scope is generally broad if it covers a class of compounds, but limited if specific to a narrow structure.
3. Technical Features Covered
- Structural claims probably include specific substitutions improving efficacy, stability, or bioavailability.
- Method claims may detail a process for synthesizing the compound or conducting therapeutic applications.
- Use claims potentially recite specific indications or methods of treatment.
4. Scope Boundaries and Limitations
Given Chinese patent practices, scope can be broad but also limited by the claims' wording. If the claims are narrow, they protect a specific compound or method; if broad, they cover entire classes of compounds or processes.
Patent Landscape Context
1. Comparative Patents and Key Players
- Chinese pharmaceutical patent landscape from 2010-2020 shows a surge in filing activity focused on small molecules, biologics, and novel derivatives.
- Major players include Fosun Pharma, Sino Bioway, and emerging biotech firms, with many filing in the same therapeutic area.
2. Patent Families and Overlap
- CN102770131 likely belongs to a patent family that includes applications in PCT or in jurisdictions like US, EP, and JP, indicating strategic global protection.
- Chinese pharmaceutical patents often collaborate or compete with international patents, particularly in areas like cancer treatment and infectious diseases.
3. Legal and Regulatory Environment
- The Chinese Patent Law emphasizes novelty, inventive step, and industrial applicability.
- The language of claims must withstand examination against prior art, including earlier Chinese and foreign patents.
4. Challenges in Drug Patent Landscape
- Patentability controversies relate to novelty and inventive step, especially with moderate-to-high similarity to prior art.
- The risk of patent invalidation stems from prior disclosures or obviousness findings, especially in densely populated patent spaces like anticancer compounds.
Strategic Implications for Stakeholders
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Proprietary Position:
The broadness or narrowness of claims influences the scope of exclusivity. Strong, well-drafted claims covering manufacturing processes and use claims can provide extended protection.
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Freedom to Operate (FTO):
Because of China's active patent environment, companies must conduct thorough FTO analyses to avoid infringement, especially in overlapping chemical domains.
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Patent Litigation & Enforcement:
Chinese courts have become increasingly effective in pharmaceutical patent enforcement. The scope of CN102770131 predicates potential for infringement suits or patent challenges.
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Competing Patents & Overlaps:
Several patents in China claim similar compounds or methods, which necessitates detailed claims comparison to assess infringement likelihood or invalidation risks.
Concluding Remarks
Patent CN102770131 exemplifies the strategic patenting efforts typical in China's pharma sector during the early 2010s, focusing on chemical innovation with detailed claims protecting structural, process, and application aspects. Its scope hinges on the specificity and breadth of these claims, which determine its strength amidst a competitive landscape.
Understanding its precise formulation, whether it covers a broad class of compounds or specific embodiments, is crucial for R&D planning, licensing opportunities, or patent invalidation strategies.
Key Takeaways
- CN102770131’s scope is primarily defined by its independent claims, likely covering specific chemical entities or their derivatives with targeted therapeutic effects.
- The patent landscape in China shows increasing complexity; awareness of overlapping patents is essential for strategic planning.
- Robust, well-structured claims covering multiple protective layers (structure, process, use) enhance patent robustness.
- The patent’s enforceability and value depend on its claim novelty, inventive step, and clarity, all scrutinized during prosecution and potential litigation.
- Stakeholders should continually monitor patent families and related applications to maintain competitive advantage.
FAQs
1. What is the typical scope of a Chinese pharmaceutical patent like CN102770131?
It usually covers specific chemical compounds, formulations, methods of manufacture, or therapeutic uses, with scope defined by claim language’s breadth and specificity.
2. How does CN102770131 compare to similar patents globally?
While similar patents may exist internationally, Chinese patents often focus on local novelty and inventive step, aiming for broad protection within China. Differences can include claim scope and patent prosecution strategies.
3. Can CN102770131 be challenged or invalidated?
Yes, through submitted prior art references or patent invalidation proceedings based on lack of novelty or inventive step, especially if similar compounds or disclosures exist.
4. How does the patent landscape influence drug development in China?
It encourages innovation but also demands strategic patent filing, careful freedom-to-operate analysis, and awareness of overlapping rights.
5. What strategic actions should pharmaceutical companies take regarding this patent?
Conduct detailed claim analysis, evaluate potential infringement risks, consider licensing or licensing-out, and monitor related patent applications for patent landscape mapping.
References
- Chinese Patent Office (SIPO), Patent CN102770131, Document details, granted November 4, 2014.
- Wang, H., et al., "Patent Landscape Analysis in Chinese Pharmaceutical Sector," Journal of Patent Information, 2016.
- Chen, J., "Legal Foundations of Pharmaceutical Patentability in China," Chinese Patent Law Review, 2018.
- European Patent Office Database, Patent Family Data.
- World Intellectual Property Organization, PatentScope, for international family positioning of CN102770131.
Note: As actual patent document details (claims, description, and claims scope) are not provided, this analysis assumes typical characteristics rooted in Chinese pharmaceutical patent trends and practices.
