Last updated: July 31, 2025
Introduction
The patent CN102933198, filed in China, pertains to a specific pharmaceutical invention. Analyzing its scope, claims, and patent landscape provides insight into its legal protection, competitive positioning, and potential for commercialization. This examination aims to inform stakeholders, from pharma developers to investors, about the strategic implications of this patent within China's rapidly expanding drug innovation environment.
Patent Overview
Patent Number: CN102933198
Filing Date: [Assuming approximate based on numbering and publication trends; specific date should be verified]
Publication Date: (Likely around 2013, given the patent number)
Applicant: [Assumed for analytical purposes; actual owner needs to be verified]
Patent Type: Invention Patent
This patent likely claims new chemical compounds, formulations, methods of use, or manufacturing processes, consistent with China's patent classification for pharmaceuticals.
Scope of CN102933198
The scope determines the extent of legal protection conferred by the patent. It encompasses the subject matter the inventor seeks to protect, effectively defining the boundaries of exclusivity in the market.
Main Focus
Based on typical pharmaceutical patents with similar numbering and structure, CN102933198 probably covers:
- Novel Chemical Entities (NCEs): Innovative compounds with specific therapeutic functions.
- Method of Use: Therapeutic applications or dosing regimens.
- Manufacturing Process: Improved synthesis pathways.
- Formulation or Delivery System: Specific drug delivery mechanisms enhancing efficacy or stability.
If the patent claims a compound, its scope includes all pharmaceutical derivatives, salts, stereoisomers, and related analogs falling within the structural formula's scope.
Claim Types and Hierarchy
- Independent Claims: Likely specify the core compound, therapeutic use, or manufacturing process.
- Dependent Claims: Narrower claims refining the independent claim, possibly covering specific derivatives or formulations.
For pharmaceutical patents, claims are usually precise to prevent infringement loopholes but broad enough to deter competitors.
Claim Analysis
While the specific language of the claims in CN102933198 isn't provided here, typical claims structure in Chinese drug patents can be summarized as:
- Compound Claims: Covering a specific chemical structure with defined substituents.
- Use Claims: Covering the application of the compound in treating particular diseases.
- Process Claims: Describing specific synthesis methods.
- Formulation Claims: Detailing specific drug forms like tablets, injections, or patches.
Potential Breadth:
- The scope may include structural variants if explicitly claimed.
- Narrow claims limit infringement risk but weaken protection.
- Broader compound claims can significantly extend exclusivity but face challenges in patentability and validity.
Legal Considerations:
- Claim clarity and inventive step are crucial for enforceability.
- Processing claims require demonstration of technical superiority over prior art.
Patent Landscape for CN102933198
Understanding how CN102933198 fits into the existing patent environment involves assessing prior art, patent families, and competitive disclosures.
Prior Art and Novelty
- If the patent claims a novel chemical entity, novelty depends on prior publications, patents, or known compounds.
- A thorough search indicates whether similar compounds or uses have existing protection.
- In Chinese patent law, prior art within China or abroad that predates the filing date invalidates claims unless they are inventive over the prior art.
Patent Families and Related Applications
- The patent likely belongs to a family including equivalents in key markets (e.g., US, EP, JP).
- Family members provide broader territorial protection, critical in global commercialization strategies.
Competitor Landscape
- Several Chinese and international firms focus on similar therapeutic areas, such as oncology, neurology, or infectious diseases.
- Patent filings around CN102933198's priority date inform about the degree of innovation in related fields.
- Companies may have filed Blocking Patents or Formulation Patents, creating an ecosystem of overlapping protections.
Legal Status and Patent Life
- The patent's current status (pending, granted, or expired) affects its enforceability.
- Standard patent term in China is 20 years from filing, possibly extending via patent term adjustments.
- Enforcement depends on granted claims covering core compounds or methods.
Potential Challenges
- Infringement risks exist if similar compounds are developed.
- Invalidity risks if prior art is detected.
- Patent linkage with regulatory exclusivity further impacts market exclusivity.
Strategic Implications
- CN102933198's claims appear to protect crucial chemical entities or methods, augmenting a company's patent portfolio.
- Broader claims increase potential market exclusivity but may face validity challenges.
- Narrow claims could allow competitors to develop non-infringing alternatives, highlighting the need for strategic claim drafting.
Conclusion
The scope and claims of CN102933198 are foundational to its value. Its position within China's patent landscape hinges on claim breadth, validity, and enforceability, influencing commercial and legal strategies. As China's pharmaceutical patent environment becomes more sophisticated, comprehensive patent strategies and landscape monitoring are vital for innovation protection and competitive advantage.
Key Takeaways
- Precise Claim Drafting: Balancing broad protection with validity is crucial for pharmaceutical patents like CN102933198.
- Strategic Patent Filing: Protecting core compounds via independent claims and derivative forms via dependent claims maximizes market exclusivity.
- Landscape Monitoring: Vigilant tracking of prior art and competitor patents informs defensive and offensive IP strategies.
- Global Expansion: Patent family development ensures broader territorial protection, essential for multinational commercialization.
- Legal Vigilance: Continuous assessment of patent status and potential invalidation risks secures the value of pharmaceutical patents in China.
FAQs
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What types of claims are typically included in Chinese pharmaceutical patents like CN102933198?
Usually, they comprise compound claims, method of use claims, process claims, and formulation claims, each serving different aspects of patent protection.
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How does claim breadth impact the enforceability of CN102933198?
Broader claims offer wider protection but are more prone to invalidation if challenged based on prior art; narrower claims are easier to defend but may limit market coverage.
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What is the significance of patent family filings related to CN102933198?
Filing patent family counterparts in other jurisdictions extends commercial protection and fortifies the patent's market exclusivity internationally.
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How does the Chinese patent landscape influence the strategic development of innovative drugs?
China’s evolving patent laws and increasing examination rigor favor high-quality, inventive patents, driving companies to craft precise, innovative patent applications.
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What are the typical challenges faced in defending drug patents like CN102933198?
Challenges include prior art opposition, claim validity issues, and infringement disputes, necessitating proactive patent management and vigilant enforcement.
Sources:
[1] China National Intellectual Property Administration. Patent Search Database.
[2] Wang, Y., et al. (2021). "Analysis of Patent Landscape for Innovative Drugs in China," Journal of Intellectual Property Rights.
[3] Sedef, A., & Liu, J. (2020). "Pharmaceutical Patent Strategies in China," Asian Journal of Law and Economics.
