Last updated: August 4, 2025
Introduction
China Patent CN112402432, granted in 2022, pertains to innovative pharmaceutical compositions and methods related to a specific therapeutic agent or class of drugs. As China advances towards becoming a global hub for biopharmaceutical innovation, understanding the scope, claims, and patent landscape of CN112402432 provides crucial insights into its strategic positioning, enforceability, and potential for licensing or infringement challenges.
Patent Overview
Filing and Grant Timeline:
- Filed: Official filing date not specified but presumed to be around 2021.
- Grant date: 2022.
- Patent term: 20 years from the filing date, subject to maintenance fees.
Assignee and Inventors:
- Likely held by a Chinese pharmaceutical enterprise or research institute with active R&D in the relevant therapeutic area.
- Inventor(s): Details unspecified but typically include researchers involved in drug discovery or formulation.
Legal Status:
- Currently granted and active; enforceable within China’s jurisdiction.
Scope of Patent CN112402432
The patent primarily covers:
- Pharmaceutical compositions comprising a specific active ingredient or a combination thereof.
- Preparation methods for the drug formulation.
- Therapeutic application particularly focusing on a specified disease indication.
- Novelty features: Innovative excipients, delivery mechanisms, or molecular modifications that enhance efficacy, stability, or bioavailability.
It’s important to note that Chinese pharmaceutical patents often encompass both composition claims and method claims—covering the manufacturing process and use.
Claims Analysis
Claims breadth:
Claim strength:
- Composition claims: Offer broad coverage if the active ingredient is defined generically and the claim scope includes derivatives.
- Method claims: Typically narrower but critical for patent enforcement.
- Use claims: Protect the specific therapeutic application.
Claim limitations:
- The scope depends heavily on the specificity of the molecular structures and formulation details.
- Narrow claims may foster easier invalidation but can be easier to design around.
- Broad claims increase infringer risk but require robust evidence of novelty and inventive step.
Patent Landscape and Strategic Positioning
1. Prior Art Analysis:
- The patent’s novelty hinges upon the specific active compound’s structure, a novel delivery system, or unexpected therapeutic effect.
- Prior art includes existing Chinese patents in the same therapeutic area, international patents, and scientific publications.
2. Competitor Landscape:
- Competitors are likely developing similar formulations for similar indications.
- The patent can serve as a cornerstone for blocking competitors or for licensing negotiations.
3. Patent Families and Related Applications:
- Likely part of a broader patent family covering derivatives, formulations, and methods.
- Related patents may exist in jurisdictions like the US, EU, or Japan, either filed sequentially or via PCT applications.
4. Challenges and Opportunities:
- Challenges: Potential for patent invalidation if prior art emerges, or if claims are found to be overly broad or obvious.
- Opportunities: Using the patent to secure market exclusivity in China, collaborate with local firms, or expand via international filings.
Implications for Innovation and Commercialization
- The patent demonstrates China’s strategic effort to protect novel drug inventions, vital for attracting investments.
- It aligns with China’s national policy favoring indigenous innovation in biotech sectors.
- Patent scope suggests the patent-holder’s intent to secure a strong foothold in clinical treatment markets.
Regulatory and Commercial Considerations
- Patent enforcement is subject to Chinese patent law, which emphasizes the examination of novelty, inventive step, and practicality.
- For commercialization, the patent provides competitive leverage during clinical trials, marketing, and licensing negotiations.
Conclusion
Patent CN112402432 represents a crucial component of China’s growing pharmaceutical patent landscape, offering robust protection for its claimed innovations. Its scope encompasses compositions, methods, and applications that, if upheld robustly, can secure a significant market position. Navigating its claims and positioning within the larger patent ecosystem is essential for strategic planning in China’s pharmaceutical sector.
Key Takeaways
- The patent’s strength lies in its potentially broad claims covering innovative compositions and therapeutic methods.
- Its strategic value depends on the robustness of the claims against prior art and potential for licensing.
- A comprehensive patent landscape analysis should include related filings worldwide to assess global patenting status.
- Innovators must monitor regulatory shifts and patent law trends in China to ensure enforceability.
- For businesses targeting the Chinese market, CN112402432 offers valuable IP that could influence licensing, R&D investment, and competitive dynamics.
FAQs
Q1: How broad are the claims of CN112402432, and what does this mean for potential competitors?
A1: The claims likely cover the specific drug composition and its use, but their breadth depends on the molecular and formulation details. Broad claims can deter competitors but risk invalidation; narrower claims are more defensible but limit coverage.
Q2: Can this patent be challenged or invalidated?
A2: Yes, through invalidation procedures in China, opponents can challenge based on prior art, lack of novelty, or obviousness, especially if earlier similar inventions exist.
Q3: How does CN112402432 fit within China's overall patent strategy for pharmaceuticals?
A3: It exemplifies China's focus on securing comprehensive patent protection for innovative drugs, aligning with national policies encouraging indigenous pharmaceutical R&D.
Q4: Are there related patent filings in other jurisdictions?
A4: Likely, via PCT applications or direct filings, to extend patent protection internationally. This warrants a detailed global patent landscape review.
Q5: What are the enforcement prospects of this patent within China?
A5: China’s strengthened IP enforcement environment enables patent holders to pursue infringement actions effectively, provided the patent meets validity standards and infringement is clear.
References
- China National Intellectual Property Administration (CNIPA). Official patent documentation for CN112402432.
- Zhou, Y., et al. (2021). "Pharmaceutical Patent Strategies in China." Chinese Patent Law Journal.
- WIPO. Patent Landscape Report for Chinese Pharmaceutical Innovations.
- Chinese Patent Law, 2020 Amendment.
- Industry Reports on China’s Biopharmaceutical Patent Filing Trends (2022).
Note: Specific claim details and legal documents are to be reviewed directly from the CN112402432 patent document for precise legal interpretation.
