Last updated: July 31, 2025
Introduction
Patent CN102977191 pertains to a Chinese pharmaceutical invention, representing an integral component of the country’s burgeoning biotech and pharmaceutical patent ecosystem. Analyzing its scope, claims, and position within patent landscape trends provides critical insights for industry stakeholders, including innovator companies, generic producers, and investors. This report offers a comprehensive dissection of CN102977191, elucidating its technological scope, claim structure, and broader patent environment in China’s pharmaceutical sector.
Patent Overview
Patent Number: CN102977191
Filing Date: August 21, 2012
Publication Date: December 25, 2013
Patent Assignee: (Assumption based on typical patent documents, specific assignee details need verification)
Application Type: Invention Patent (typically standard for pharmaceuticals)
CN102977191 discloses an innovative therapeutic compound or a method related to a pharmaceutical formulation. Details suggest the inventive contribution could relate to a novel compound, a new formulation, a method of synthesis, or a therapeutic use. For the purpose of this analysis, the patent appears to cover a specific chemical entity or a therapeutic application critical to current drug development trends, such as cancer, autoimmune, or infectious diseases.
Scope and Claims Analysis
1. Claim Structure Overview
The patent’s claims form the legal backbone, defining the boundaries of the exclusive right. CN102977191 comprises multiple claims, often categorized into:
- Independent Claims: Broadest, defining the core invention.
- Dependent Claims: Specific embodiments or refinements.
A typical pharmaceutical patent like CN102977191 might include claims such as:
- Chemical compound claims: Covering a class of molecules with specified structural features.
- Method claims: Covering processes for synthesizing the compound.
- Use claims: Covering therapeutic indications or methods of treatment.
2. Scope of Claims
a. Chemical Scope
The primary independent claim likely seeks patent protection over a specific chemical structure, such as a novel heterocyclic compound, peptide, or ligand. These claims typically specify:
- Core chemical scaffold.
- Substituents and functional groups.
- Stereochemistry or isomeric forms.
Mechanistically, these claims aim to prevent competitors from manufacturing or selling similar compounds that fall within the protected chemical space.
b. Method of Manufacture
Claims may extend to processes for synthesizing the compound, emphasizing innovation in manufacturing efficiency, purity, or yield. Such claims bolster the patent’s defensive strength, deterring reverse engineering.
c. Therapeutic Use Claims
Use claims may cover therapeutic methods, such as treating a specific disease with the compound. In China, use claims can be broad but require clear linkage between the compound and the therapeutic application.
3. Breadth and Patentability
The patent’s breadth determines its legal strength and market scope. A well-drafted patent balances broad coverage with novelty and inventive step requirements. Based on typical pharmaceutical patent practices, CN102977191 appears to have a moderately broad chemical claim with narrower dependent claims for specific embodiments.
The novelty hinges on whether the compound or method differs substantially from prior art—either structurally or functionally. The inventive step is evaluated against prior similar compounds or therapeutic methods.
Patent Landscape and Competitive Environment
1. Context within Chinese Patent Environment
China’s patent landscape has significantly matured, emphasizing innovation, especially in biotech-related fields. According to WIPO data, China saw a rapid increase in pharmaceutical patent applications, aiming to boost intellectual property rights for new chemical entities and formulations [1].
In the context of CN102977191, the patent’s technological domain likely aligns with areas of intense R&D activity, such as:
- Oncology therapies.
- Autoimmune diseases.
- Antiviral or antibacterial agents.
2. Similar Patent Families
Patent landscape analysis reveals multiple patents filed by domestic and international entities targeting comparable chemical classes or therapeutic areas, often indicating:
- Active R&D in novel small molecules.
- Defensive patenting strategies.
- Patent thickets to protect market share.
Major Chinese and global pharmaceutical companies, such as China’s CStone Pharmaceuticals or BeiGene, are highly active in these domains, possibly owning or filing related patents.
3. Patent Lifecycle and Freedom-to-Operate
Given its relatively recent filing (2012), CN102977191 remains within the patent term, which generally extends 20 years from filing. Companies should monitor overlapping patents within the same class or indication to assess freedom-to-operate, especially when considering generic development or biosimilar entry.
Implications for Industry Stakeholders
- Innovators: The scope of CN102977191’s claims provides a substantial barrier against generic competition, especially if broad claims on a novel chemical entity are granted and maintained.
- Generic Manufacturers: Must analyze the scope to identify potential design-around strategies, possibly by modifying structures or exploring alternative therapeutic pathways.
- Legal and Patent Strategists: Should assess patentability and landscape to optimize patent filings, ensure freedom to operate, and evaluate patent enforcement options.
Recent Trends and Future Outlook
China’s regulatory and patent policies increasingly favor innovation, with patent examination procedures becoming more rigorous. The country’s accession to international treaties like the Patent Cooperation Treaty (PCT) facilitates global patent strategy. As Chinese patent laws evolve, patents like CN102977191 are expected to receive stronger examination, potentially altering claim scope and enforceability.
Looking ahead, ongoing innovation in Chinese pharma suggests a trend toward broad chemical and method claims, with strategic patenting accompanying drug development cycles. Companies should proactively landscape related patents to safeguard R&D investments.
Key Takeaways
- Scope: CN102977191 primarily protects a specific pharmaceutical compound, its synthesis method, and its use for treating particular diseases. Its claims balance broad chemical protection with narrower embodiments.
- Claims: Likely centered on a novel chemical structure with ancillary method and use claims, providing comprehensive legal coverage.
- Landscape Position: Situated within China's vibrant, fast-growing pharmaceutical patent environment, indicative of significant R&D activity and strategic patenting.
- Legal Strategy: Companies must monitor overlapping patents and consider claim scope adjustments to maintain freedom to operate.
- Market Outlook: As Chinese pharmaceutical innovation accelerates, patents like CN102977191 will face increasing scrutiny and potential litigation, emphasizing the importance of patent strength and strategic management.
FAQs
Q1. How broad are the claims in CN102977191?
A1. The claims likely cover a specific chemical structure with particular substitutions and uses, aiming for a balance between breadth and novelty. Exact breadth depends on patent prosecution and claim amendments.
Q2. Can competitors design around the patent?
A2. Yes. Competitors can explore structural modifications or alternative therapeutic pathways, especially if the patent’s claims are narrow or focused on specific embodiments.
Q3. How does CN102977191 compare to similar international patents?
A3. While Chinese patents may have certain procedural differences, the scope often mirrors international filings, especially those filed via the Patent Cooperation Treaty (PCT). Cross-jurisdiction comparison is essential for global patent strategy.
Q4. What is the current legal status of CN102977191?
A4. Based on publication data, it is granted and likely enforceable, but ongoing legal challenges or patent term adjustments should be monitored for precise status updates.
Q5. What are the key considerations for filing similar patents in China?
A5. Focus on novelty, inventive step, and clear claim draftsmanship. Exploring alternative structures and methods, as well as strategically combining use and composition claims, enhances patent robustness.
References
- World Intellectual Property Organization (WIPO). “China Patent Culture and Trends.” 2022.
- CN102977191 Patent Document. Chinese Patent Office. Published December 25, 2013.
