Last updated: August 2, 2025
Introduction
The patent CN102906102 pertains to a pharmaceutical invention filed in China, representing a strategic milestone within the Chinese biopharmaceutical patent landscape. This patent, granted to a specified innovator, potentially covers a novel compound, composition, or method relevant to therapeutics, diagnostics, or drug delivery systems. Understanding its scope, claims, and the broader patent landscape is critical for stakeholders, including pharmaceutical companies, legal professionals, and R&D entities, aiming to navigate intellectual property (IP) rights effectively within China’s evolving innovation ecosystem.
Patent Overview and Technical Field
Patent CN102906102 was filed with the China National Intellectual Property Administration (CNIPA) and likely published around 2013, considering its serial number. The patent’s technical scope generally aligns with innovations in drug formulation, synthesis, or therapeutic methods, possibly targeting a specific disease or a chemical class of drugs. The patent’s abstract and detailed description (not provided here but accessible via CNIPA databases) would specify the core invention and its intended use.
Scope of the Patent
The scope of CN102906102 primarily encompasses the innovative features described in its claims, which define the legal boundaries of the patent rights. As with typical pharmaceutical patents, the scope can include:
- New Chemical Entities (NCEs): If the patent introduces a novel compound with demonstrated therapeutic benefits.
- Polymorphs or Forms: Specific crystalline forms that improve bioavailability or stability.
- Drug Compositions: Combinations of active ingredients, excipients, or delivery agents.
- Methods of Treatment: Novel therapeutic methods or administration protocols.
Key points regarding scope:
- The scope hinges on the independent claims, which outline broad inventive concepts.
- Dependent claims refine these and specify particular embodiments or formulations.
- The scope likely aims to balance broad protection of the core invention while providing detailed embodiments to prevent easy circumvention.
Claims Analysis
The claims establish the precise legal protections offered. Typically, pharmaceutical patents include:
- Independent Claims: Cover the broadest inventive concept—e.g., a new compound or composition.
- Dependent Claims: Specify particular structures, concentrations, or methods, providing fallback positions during litigation or patent oppositions.
For CN102906102, probable claim categories include:
- Chemical structure claims: Covering the molecular scaffold of the compound.
- Method claims: Describing a novel synthesis process or therapeutic application.
- Formulation claims: Protecting specific dosage forms or delivery mechanisms.
- Use claims: Covering new therapeutic uses of known compounds, if applicable.
The claims would be carefully drafted to withstand prior art challenges while maintaining sufficient breadth to deter competitors. The scope may be characterized as medium to broad depending on the claim language, particularly if the patent claims a specific chemical class rather than a single compound.
Patent Landscape in China for Related Technologies
The patent landscape surrounding CN102906102 reflects China’s robust pharmaceutical innovation trend:
- Active Patent Filings: The Chinese patent system has seen a surge in biopharmaceutical patents, especially since the implementation of the China Patent Law’s amendments in 2010, which strengthened pharmaceutical patent rights and duration.
- Major Assignees: Leading Chinese pharmaceutical firms (e.g., Chinese Academy of Sciences, Sinopharm, BeiGene) and multinational corporations actively file patents in China, focusing on NCEs, biologics, and advanced formulations.
- Competitive Patents: Similar patents cover compound families, delivery systems, or particular therapeutic methods. Patent overlaps and blurring lines are common, prompting strategic patent claiming to carve out defensible niches.
Patent Family and Continuation Strategies
Patent CN102906102 is likely part of a broader patent family:
- File Continuations: To extend patent protection or adapt claims based on emerging data.
- International Applications: Priority claims to PCT applications or filings in jurisdictions like the U.S., Europe, or Japan.
Strategic considerations include:
- Maintaining patentability amid prior art.
- Filing divisional or continuation applications for narrower claims.
- Using patent term extensions or supplementary protection certificates (SPCs), if applicable, to prolong commercial exclusivity.
Strengths and Weaknesses of the Patent
Strengths:
- Clear demonstration of inventive step—likely supported by experimental data.
- Well-drafted claims covering multiple aspects (composition, synthesis, use).
- Alignment with current therapeutic trends and market needs.
Weaknesses:
- Narrow claim scope if overly specific, thereby risking design-around.
- Potential prior art references from international or domestic filings.
- Challenges from generic or existing technology patents in related fields.
Legal and Commercial Implications
For patent holders:
- The patent provides critical exclusivity rights within China, enabling market leverage and licensing opportunities.
- Enforcement strategies should focus on monitoring infringing activities around the claims.
For competitors:
- Must analyze claim scope meticulously to assess freedom-to-operate.
- Could engineer around claims via alternative compounds or methods not covered explicitly.
Considerations for R&D:
- Innovate within the patented claims’ boundaries.
- Explore complementary inventions or improvements to extend patent life or coverage.
Conclusion
Patent CN102906102 embodies a significant innovation in the Chinese pharmaceutical patent landscape, offering potential broad protection depending on the claim language. Its scope likely encompasses novel compounds or methods with strategic importance for the applicant’s market position.
Effective navigation of this patent necessitates a thorough understanding of its claims and strategic positioning within the broader patent landscape—particularly considering China's prolific patenting environment in pharmaceuticals.
Key Takeaways
- Ensure a detailed examination of the patent claims to define the tangible boundaries of protection.
- Monitor related patent filings to map the competitive landscape and identify potential freedom-to-operate issues.
- Leverage patent prosecution strategies such as divisional or continuation filings to reinforce claims.
- Recognize the importance of ongoing patent landscaping to anticipate emerging patents that could impact product development.
- Engage in proactive enforcement and licensing to maximize the patent’s commercial potential in China.
Frequently Asked Questions (FAQs)
1. What is the likely scope of patent CN102906102?
It probably covers a specific chemical compound, formulation, or therapeutic method. The precise scope depends on the independent claims, which define the broadest protecting boundaries.
2. How does this patent fit within China’s pharmaceutical patent landscape?
It contributes to China's rapid growth in biopharmaceutical patents, highlighting Chinese companies’ increasing focus on innovation in drug discovery and delivery systems.
3. Can this patent be challenged or invalidated?
Yes. Challenges can be based on prior art, lack of novelty, or obviousness. Patent validity is subject to examination by CNIPA and potential legal proceedings.
4. How should companies strategize around this patent?
They should conduct freedom-to-operate analyses, consider designing around claims, or potentially collaborate/licensing if the patent aligns with strategic interests.
5. What are the next steps for patent holders?
Maintain active patent prosecution, consider international filings for extending market coverage, and develop enforcement plans for commercialization or litigation.
References
[1] CNIPA Patent Database, Public Patent Inquiry System, CN102906102.
[2] International Patent Documentation and Analysis, World Intellectual Property Organization (WIPO).
[3] Chinese Patent Law and Regulations, CNIPA.
[4] Industry Reports on Pharmaceutical Patents in China, China National Pharmaceutical Industry Information Center.
Note: Specific claims and detailed patent specifications require direct access to the CN102906102 document for precise analysis.
