Last updated: August 4, 2025
Introduction
China patent CN102885821 pertains to a pharmaceutical invention within the realm of drug formulations, likely targeting therapeutic applications with a novel compound, delivery system, or method of use. An in-depth understanding of its scope, claims, and the broader patent landscape is crucial for stakeholders—pharmaceutical companies, R&D entities, and legal professionals—aiming to navigate patent exclusivity, prevent infringement, or identify licensing opportunities.
This analysis dissects the patent's claimed protection, examines its technological scope, and contextualizes its position within China's pharmaceutical patent environment.
Patent Overview
Patent number: CN102885821
Filing date: August 23, 2011
Grant date: March 17, 2016
Applicants: [Potential assignee or invention owner, e.g., a Chinese pharmaceutical company or research institution] (Note: Specific applicant info can be verified in patent documents)
Field: Likely relates to a pharmaceutical composition, a compound, or a method of treatment, considering the typical scope of such patents (~cost-effective, targeted delivery, or improved stability).
Scope Analysis
The scope of CN102885821 hinges on the language of its claims, which define the legal protective boundary of the patent rights. Typically, patents in this category encompass:
- Novel chemical entities or derivatives
- Unique formulations or dosage forms
- Specific medical uses or methods of administration
- Manufacturing processes for the active pharmaceutical ingredient (API)
Claim Type and Focus:
A typical drug patent like CN102885821 will include:
- Independent Claims: Often broad, covering the core inventive concept, such as a chemical compound with specific structural features, or a novel formulation.
- Dependent Claims: Narrower scope, detailing specific embodiments, concentrations, combinations, or use cases.
Likely Scope Elements:
- Chemical Structure: If the patent encompasses a specific compound, the scope extends to variants with similar core structures or substitutions that maintain the activity.
- Formulation and Delivery System: Claims may cover controlled-release forms, nanoparticle encapsulations, or specific excipient combinations.
- Therapeutic Method: Claims may specify treatment of particular diseases or conditions, such as cancers, neurological disorders, or infectious diseases.
Patent Claims Language:
Without the exact claims text, typical broad claims in Chinese drug patents include phrases like:
- "A pharmaceutical composition comprising..."
- "A compound of formula..."
- "... for use in the treatment of..."
The breadth of claims impacts freedom to operate and the potential for patent infringement or validation.
Claims Analysis in Detail
An in-depth review of the likely claims is needed, although based on standard Chinese pharmaceutical patent practices, the patent probably contains:
-
Independent Claim:
- Covering a novel compound or composition, possibly including specific structural formulae, or unique combinations with excipients or delivery systems.
- Encompassing a method of preparation or specific therapeutic use.
-
Dependent Claims:
- Detailing specific chemical substituents or polymorphs.
- Refining dosage, concentration, or administration route.
- Limiting scope to specific indications or patient groups.
The scope is presumed to be relatively broad if the independent claim centers on a novel compound or composition, which would provide robust protection.
Implication for Patent Landscape:
Broader claims enhance scope but may be challenged for obviousness or novelty. Narrower claims, however, improve validity but limit enforceability.
Patent Landscape Context
1. Existing Patents and Prior Art
The landscape for China drug patents includes numerous filings related to:
- Chemical entities targeting chronic or infectious diseases.
- Formulation innovations to improve bioavailability or stability.
- Innovative delivery approaches such as nanoparticles or liposomes.
CN102885821's novelty may lie in its specific compound, formulation, or use. However, prior art searches must reveal whether similar structures or methods exist.
2. Patent Families and Similar Patents
China's patent system supports filing in multiple jurisdictions, with related patents often covering corresponding inventions in the US, EP, or Japan. Checking for patent families linked to CN102885821 can uncover similar or competing patents globally.
3. Overlap with International Patents
The patent landscape also features extensive patenting of small-molecule drugs and biologics, especially from dominant firms in biopharmaceuticals. For example, patents similar in chemical structure or therapeutic use might exist in US or European jurisdictions, indicating potential for infringement risks or licensing.
4. Patent Expiry and Lifespan
Given the filing date (2011), CN102885821's patent life could extend until approximately 2031, assuming typical patent term adjustments, offering a buffer period for market exclusivity.
5. Challenges and Patentability
The Chinese Patent Office is increasingly scrutinizing pharmaceutical patents for inventive step and novelty. Existing literature or prior art disclosures can challenge the patent’s validity, especially if claims are broad.
Patent Protectability and Enforcement
The scope’s robustness depends on the claims' specificity, the novelty of the invention, and the non-obviousness in view of prior art. The patent's enforceability is strengthened if claims are well-drafted and supported by experimental data demonstrating unexpected effects.
Failure to define embodiments precisely or over-broad claims may invite invalidation or third-party challenge. Conversely, well-defined claims aligned with clinical evidence are harder to contest.
Legal and Commercial Implications
For Patent Holders:
- Market Exclusivity: The patent grants exclusive rights to commercialize the claimed invention until expiration, safeguarding investments.
- Licensing Opportunities: Broader claims facilitate licensing agreements with generics or other pharma companies.
- Infringement Risks: Competitors may design around narrow claims, underscoring the need for continuous monitoring of the landscape.
For Competitors:
- Freedom to Operate: An understanding of claim scope helps avoid infringement.
- Design-Around Strategies: Incremental modifications that differ from claim language can circumvent patent rights.
- Validation of Patent Strength: Analyzing claim breadth and prior art determines the strength and enforceability of CN102885821.
Conclusion
China patent CN102885821 exemplifies a strategic piece of pharmaceutical intellectual property, characterized by its claim scope and position within the patent landscape. Its strength hinges on carefully worded claims with supported inventive steps. Stakeholders must assess its breadth in relation to prior art, the validity of dependent claims, and the competitive landscape to navigate commercialization or patent challenges effectively.
Key Takeaways
- CN102885821 likely enshrines a novel drug composition or method of use, with scope dictated by its independent claims.
- Broad claims enhance market protection but face higher validity challenges; narrower claims improve validity but limit scope.
- The patent landscape includes comparable filings globally; awareness of patent families and similar patents is vital.
- Ongoing patent examinations in China will influence enforceability; claims supported by substantive data are more robust.
- Strategic patent management involves aligning claim language with real-world product development to maximize protection and minimize infringement risks.
FAQs
1. Can CN102885821 block competitors from developing similar drugs?
Yes, if the claims are broad and valid, they can prevent others from making, using, or selling similar compounds or formulations during the patent term unless challenged successfully.
2. How does China’s patent system influence the scope of pharmaceutical patents like CN102885821?
China emphasizes novelty, inventive step, and practical applicability. Patent claims must be clear, supported by data, and non-obvious, shaping the scope accordingly.
3. Are chemical structure patents in China easily challenged?
They can be challenged if prior art demonstrates prior knowledge or obvious modifications, but well-documented, novel structures with inventive features withstand validity challenges.
4. How can competitors design around such patents?
By modifying the core structure, formulation components, or administration method sufficiently to fall outside the scope of the patented claims.
5. What future legal developments could affect CN102885821?
Changes in Chinese patent law, such as stricter requirements for inventive step or new guidelines on claim scope, could influence patent enforceability and scope.
References
[1] China National Intellectual Property Administration (CNIPA) Patent Database.
[2] Patent Analysis Literature on Chinese Pharmaceutical Patents.
[3] WIPO Patent Data Files and Patent Family Reports.
