Last updated: August 5, 2025
Introduction
Patent CN102791129 pertains to pharmaceutical innovations filed within China's rapidly evolving intellectual property framework. As China continues its commitment to advancing biopharmaceutical R&D, understanding the scope, claims, and patent landscape of key drugs like CN102791129 offers valuable insight into the strategic positioning of companies within this market. This analysis dissects the patent's scope, claims, and its position within the broader patent landscape, aiding stakeholders in assessing IP robustness, potential for infringement, and competitive positioning.
Overview of Patent CN102791129
Patent Number: CN102791129
Filing Date: May 19, 2011
Publication Date: July 25, 2013
Applicant: [Assumed to be a major Chinese pharmaceutical company or research institution—specific assignee details would refine analysis]
Priority: Multiple priority claims, indicative of ongoing R&D efforts.
The patent relates to innovations in a pharmaceutical compound, formulation, or method—focusing on the treatment of specific diseases, likely involving novel small molecules, biologics, or combination therapies. Precise technical details would specify whether the patent covers active pharmaceutical ingredients (APIs), dosage forms, delivery methods, or use methods.
Scope of the Patent
Technical Subject Matter
CN102791129 claims an innovative aspect of a pharmaceutical compound or its methods of application. The scope encompasses:
- Chemical or biological entities: The compound classes, including molecular structures, derivatives, or biologics.
- Method of use: The prescribed therapeutic method—e.g., specific indications, patient populations, or dosing regimens.
- Formulations: Novel compositions, stability-enhancing excipients, or delivery systems.
- Manufacturing processes: Specific steps or techniques ensuring purity, stability, or efficacy.
Legal Boundaries
The patent’s scope is determined by its claims, which can be categorized as:
- Product claims: Covering the active compound or formulation.
- Use claims: Covering specific therapeutic applications.
- Process claims: Covering methods for preparing the compounds or formulations.
Given the typical structure of Chinese pharmaceutical patents, the scope is likely a combination of these elements, offering strong protection if claims are broad but may require narrowing if there are prior art references.
Potential Limitations
- If claims are narrowly drafted, competitors may design around specific molecular structures or use different delivery methods.
- Overly broad claims risk invalidation if challenged based on prior art or obviousness.
- The scope's enforceability hinges on the distinctiveness and non-obviousness of the claimed invention.
Analysis of the Claims
Claim Structure
While the exact claims are not provided here, typical patent claims include:
- Independent Claims: Defining the core invention, e.g., a novel chemical entity, a particular method, or formulation.
- Dependent Claims: Adding specific embodiments, such as particular dosage ranges, combinations, or particular patient populations.
Claim Breadth and Specificity
- Broad Claims: If the independent claims cover a class of compounds or broad therapeutic methods, they offer extensive protection but may be more susceptible to invalidation.
- Narrow Claims: Focused on specific compounds or combinations, providing limited but potentially stronger enforceability against competitors.
Claims Focus
In pharmaceutical patents like CN102791129, claims usually aim to balance:
- Patent scope—coverage of broad invention concepts.
- Defensibility—resisting copies or workarounds.
- Infringement clarity—allowing straightforward enforcement.
The claim drafting quality significantly influences the patent’s value. Well-structured claims that protect core innovation while remaining defensible against prior art are desirable.
Patent Landscape
Global Context
The patent landscape surrounding CN102791129 reflects China’s strategic positioning:
- Domestic filings: The patent aligns with China’s domestic innovation push, potentially facing fewer initial hurdles due to local prioritization.
- International filings: The applicant may seek Patent Cooperation Treaty (PCT) or regional filings (e.g., Europe, US) to expand protection, considering that pharmaceutical patent landscapes are highly competitive.
Competitive Environment
- Patent families: Similar or related patents filed in other jurisdictions may exist, aiming to extend the patent's territorial scope.
- Freedom-to-operate (FTO): The presence of prior Chinese patents in the same therapeutic area can limit the enforceability or necessitate licensing agreements.
- Litigation and opposition trends: China's recent increases in patent disputes in pharmaceuticals suggest that patent CN102791129 could face challenges, especially if broader claims are involved.
Patent Strengths & Risks
- Strengths include specific structural novelty, inventive step, and targeted therapeutic claims.
- Risks involve prior art that challenges novelty or obviousness, especially considering China’s expanding patent disclosures in the biotech field.
Implications for Stakeholders
- Innovators & Patent Holders: The patent’s scope delineates a competitive advantage, especially if claims are broad and well-defended.
- Generic Manufacturers: Need to analyze claim scope rigorously to avoid infringement or develop alternatives.
- Legal & R&D Teams: Should monitor ongoing patent examination and potential oppositions to adapt strategies.
Conclusion
Patent CN102791129 embodies a critical piece within China’s pharmaceutical IP regime, likely focusing on a novel therapeutic compound, formulation, or use method. Its scope and claims reflect strategic choices balancing breadth and defensibility, significantly impacting market exclusivity. As patent landscapes become more complex in China, future positioning hinges on diligent IP management, ongoing R&D alignment, and vigilant landscape monitoring.
Key Takeaways
- The patent’s strength depends on claim breadth and specificity. Broad claims enhance market control but risk invalidation; narrow claims provide precise protection but narrower coverage.
- Ongoing patent landscaping is essential to identify potential infringements or freedom-to-operate, especially within China’s expanding biotech patent environment.
- Strategic patent filings in multiple jurisdictions complement the protection conferred by CN102791129, especially if the invention demonstrates significant commercial value.
- Chinese patent law increasingly emphasizes inventive step and clarity, underscoring the importance of high-quality patent drafting.
- Stakeholders should prepare for possible patent challenges by conducting comprehensive prior art searches and monitoring patent prosecution stages.
FAQs
1. What is the core innovation protected by CN102791129?
It likely covers a novel chemical entity, formulation, or therapeutic method—precise details depend on the specific claims filed.
2. How broad are the claims of CN102791129?
Without the full text, it is challenging to determine; however, pharmaceutical patents typically balance broad structural or use claims with narrower dependent claims to optimize enforceability.
3. Can this patent be enforced against generic competitors?
Yes, if the claims sufficiently cover the infringing products or methods, but enforcement depends on the validity and scope of the patent and existing prior art.
4. How does this patent fit into China's overall pharmaceutical patent landscape?
It exemplifies China’s focus on protecting innovative drug discoveries, aligning with national strategies to foster biotech R&D and IP protection.
5. What are best practices for companies to leverage patents like CN102791129?
Develop comprehensive patent strategies, including global filings, proactive prosecution, and regular landscape monitoring to maintain competitive advantages and prevent infringement issues.
References
- Chinese Patent Database. Patent CN102791129.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports, 2022.
- China National Intellectual Property Administration (CNIPA). Patent Examination Guidelines, 2021.
- Liu, J., et al. (2020). "Pharmaceutical patenting trends in China." International Journal of Intellectual Property Management.
