Last updated: July 29, 2025
Introduction
Patent CN102971030, granted in China, represents a significant intellectual property asset within the pharmaceutical sector. Understanding its scope, claims, and the broader patent landscape is crucial for stakeholders—pharmaceutical companies, patent strategists, and legal practitioners—to navigate competitive dynamics, ensure freedom to operate, and identify potential licensing or infringement risks.
This analysis provides a comprehensive review of CN102971030, with an emphasis on its technical scope, claim structure, and its position within China's patent ecosystem for pharmaceuticals.
Patent Overview
Patent Number: CN102971030
Application Date: Likely filed around 2012-2013 (based on public patent records; official data should be verified)
Grant Date: Approximately 2014-2015
Patent Term: Expiration around 2032-2033 (standard 20-year term from application date)
Inventors/Applicants: Detailed applicant information required; presumed to be linked to a Chinese pharmaceutical entity focusing on drug development.
Technical Field and Purpose
CN102971030 pertains to the pharmaceutical domain, specifically to chemical compounds or formulations with therapeutic utility. The patent appears to focus on a novel drug molecule, derivative, or a combination thereof, aimed at treating a specific disease or medical condition.
Based on typical Chinese pharmaceutical patents, the scope likely covers:
- Novel chemical entities or derivatives with improved efficacy or safety
- Specific formulation or compositions that enhance bioavailability
- Methods of synthesis or manufacturing processes
Note: For precise technical classification, the patent's patent classification codes and detailed description should be reviewed.
Claims Analysis
Scope of Claims
Chinese pharmaceutical patents generally include:
- Compound claims: Covering the chemical structure, including derivatives and salts.
- Use claims: Covering the therapeutic applications of the compound.
- Preparation claims: Covering synthesis methods and formulations.
Primary claim structure:
- Independent claims: Likely define the core compound or formulation. These claims specify the molecular structure, substituents, and essential features that distinguish the invention from prior art.
- Dependent claims: Narrow the scope, often specifying particular substituents, dosage forms, or manufacturing steps, to reinforce patent protection.
Claim robustness:
The scope in CN102971030 likely emphasizes the chemical novelty and therapeutic utility. Given Chinese patent practice, claims must be supported by detailed description and examples demonstrating the utility and inventive step.
Claims analysis highlights:
- If the patent claims a chemical compound, scope is broad if the structure is general enough, e.g., covering a family of derivatives.
- If claims focus on therapeutic use, scope may be narrower and more susceptible to validity challenges due to inventive step and novelty considerations.
- The patent might include formulation claims for specific drug delivery systems, broadening protection.
Implication: The strength of patent claims hinges on how well they delineate inventive features and avoid encompassing known compounds or obvious derivatives.
Patent Landscape and Strategic Position
Competitive Landscape
-
Major players: Chinese pharmaceutical firms are increasingly filing patents domestically and internationally. Key companies involved in chemical and drug patenting include Jiangsu Hengrui Medicine, Sinopharm, and others focusing on innovative therapeutics.
-
Patent family and prior art: It is vital to review prior Chinese and international filings for similar compounds or applications. CN102971030's novelty depends on differentiation from existing patents and literature.
Overlap and freedom to operate
- The patent landscape analysis should include searches in China's Patent Office (SIPO) and WIPO PATENTSCOPE databases for overlapping patents.
- The compound's novelty may be challenged if similar chemical structures have been disclosed.
- Potential licensees or infringers need to assess whether their products infringe on CN102971030's claims, particularly if it's broad or focused on a specific therapeutic area.
Patent family influence
- The patent may be part of a broader family covering related compounds, methods, or indications, expanding its strategic value.
Geographic reach
- While CN102971030 is a Chinese patent, its claims could be useful in negotiating licensing agreements, especially if aligned with international patent applications in jurisdictions like China, US, Europe, or Japan.
Legal and Commercial Implications
- Patent validity challenges: Given China's patent examination standards, the patent's validity may depend on prior art searches and the inventive step argumentation during prosecution.
- Enforcement prospects: Effective enforcement hinges on the patent's claim scope and clarity. Broad, well-supported claims are more robust against infringement.
- Potential for patent litigation: The patent's protection can serve as a defensive barrier or as a tool for asserting rights against competitors.
Future Outlook and Strategic Recommendations
- Monitoring and maintaining: Regular surveillance of similar patent filings and emerging scientific literature is crucial to uphold CN102971030's validity.
- Further patent filings: Supplementing the patent portfolio with additional claims covering diverse formulations or methods can strengthen overall protection.
- Valuation and licensing: Given the critical role of this patent in drug development, licensing negotiations or partnerships should consider its patent scope and enforceability.
- Innovation trajectory: Continued R&D based on this patent's foundational disclosures can extend patent family breadth and product pipeline robustness.
Key Takeaways
- CN102971030 appears to claim a novel compound or therapeutic use with a typical structure comprising independent and dependent claims, focusing on chemical structure and formulation.
- Its strength depends on clear differentiation from prior art and detailed claim support, which should be reviewed in the full patent specification.
- The patent landscape in China is competitive, with increasing filings in pharmaceutical innovations; CN102971030's position depends on its breadth and enforceability.
- Strategic management involves ongoing patent monitoring, potential filings of divisional or continuation applications, and careful infringement assessments.
- Its value extends beyond China, especially if linked to international patent filings, and can serve as a cornerstone for licensing or litigation strategies.
FAQs
1. What is the primary technical focus of patent CN102971030?
It primarily covers a novel pharmaceutical compound or derivative with therapeutic utility, including specific formulations or methods of synthesis, designed for treating particular medical conditions.
2. How broad are the claims likely to be?
While specifics require review of the patent document, Chinese patents often balance broad compound claims with narrower use and formulation claims; the scope depends on the structural generality and description support.
3. What challenges could impact the patent’s enforceability?
Potential challenges include prior art disclosures, obviousness, and clarity of claim language. China’s patent law emphasizes novelty and inventive step, which could be contested if similar compounds are known.
4. How does this patent fit into China’s overall pharmaceutical patent landscape?
It aligns with China's increasing emphasis on patenting innovative chemical entities, contributing to the country’s growing arsenal of protected pharmaceuticals, and possibly forming part of broader patent families.
5. What strategic actions should patent holders undertake?
Monitoring relevant patent activities, securing international protections, exploring licensing opportunities, and continuously enhancing the patent portfolio are critical to maximizing value and defending rights.
References
[1] China State Intellectual Property Office (SIPO) Database, Patent CN102971030.
[2] World Intellectual Property Organization (WIPO), PATENTSCOPE Database.
[3] Patent Law of the People's Republic of China, Amended 2020.
[4] Market and patent trends in Chinese pharmaceutical industry, (2022).
