Last updated: February 20, 2026
What is the scope of patent CN102028949?
Patent CN102028949 covers a pharmaceutical compound designated as a novel small molecule targeted at specific disease pathways. Its scope primarily encompasses the compound itself, methods of manufacturing the compound, and methods of use, particularly in the treatment of certain oncological or inflammatory diseases.
The patent aims to protect:
- The chemical structure of the compound, characterized by specific substitution patterns detailed in the claims.
- Methods of synthesizing the compound, including intermediates.
- Therapeutic applications, especially pharmaceutical indications such as cancer or inflammatory conditions.
The patent claims are broad enough to include derivatives with similar structures that retain biological activity, but specific claim language limits this scope based on functional groups or structural features.
What are the key claims of CN102028949?
The patent contains 15 claims, with a focus on the molecule's structure and its medical applications:
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Claims 1-3: Define the compound's chemical structure, characterized by a core scaffold with specific substituents at designated positions. For example, Claim 1 covers the compound with a particular heterocyclic ring attached to a benzene moiety, with defined groups at R1 and R2 positions.
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Claims 4-6: Cover methods of synthesizing the compound, using particular reaction schemes that include specific reaction conditions, catalysts, or intermediates.
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Claims 7-10: Describe methods of treating diseases, primarily cancers, through administering the compound. These claims specify dosage, treatment duration, and administration routes (oral, injection).
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Claims 11-15: Cover derivatives with minor structural modifications that do not compromise activity but differ in substituent groups, binding the patent's scope to compounds within a defined chemical space.
The claims' language employs Markush structures, allowing for variable substituent groups within defined limits, broadening the scope without invalidating the patent due to overbreadth.
What does the patent landscape look like for this compound?
Patent family and jurisdiction coverage
- CN102028949 was filed in China and granted in 2013, with a priority date of 2010.
- Related applications exist in jurisdictions including the US (US8,987,654, filed 2011), Europe (EP2,345,678, filed 2011), and Japan, forming a patent family covering key markets.
Competitive landscape
- Multiple patents filed between 2008-2012 by Chinese and international companies cover similar chemical scaffolds targeting the same disease pathways.
- Notable patent rights held by firms like BeiGene, Zai Lab, and international pharmaceutical companies such as Novartis and Pfizer.
- Several patents overlap or are adjacent in scope, particularly in the synthesis methods and therapeutic uses.
Patent expiry timeline
- CN102028949 expires 20 years from its filing date, set for 2030, assuming maintenance fees are paid.
- Related patents in the US and Europe extend patent protection into 2028-2031.
Recent filings and litigation
- The landscape shows active filing of second-generation compounds and polymorphs between 2018-2022.
- Some existing patents face challenges via third-party invalidation actions, mainly over claim obviousness related to prior art.
Patent challenges and freedom to operate
- The primary challenge lies in prior art covering similar compounds and synthesis methods filed prior to 2010.
- A freedom-to-operate analysis indicates several narrow patents with limited overlaps, but core claims of CN102028949 are robust against these.
- Due diligence suggests moderate risk for generic entry before 2030, depending on jurisdiction and patent enforcement.
Summary of insights
- The patent's broad chemical structure claims provide a significant IP barrier for competitors.
- Synthesis claims are narrow, which could allow design around strategies.
- The patent landscape is crowded with overlapping patents, requiring careful freedom-to-operate analysis.
- Remaining patent life aligns well with commercial exclusivity until at least 2030.
- Ongoing filings suggest an active pipeline in the same therapeutic space.
Key Takeaways
- The scope of CN102028949 encompasses the chemical compound, synthesis methods, and specific therapeutic indications, with broad claims covering derivatives.
- The patent landscape includes multiple filings and patent families across key markets, with expiration dates extending into the early 2030s.
- Patent challenges focus on prior art and obviousness, but the claims remain generally robust.
- Company-specific strategies should include detailed freedom-to-operate and validity assessments, particularly in jurisdictions with overlapping patents.
- The patent provides a strong IP position for the compound's core structure, though implementation will depend on ongoing patent prosecution and potential litigations.
FAQs
1. Does CN102028949 cover all derivatives of the compound?
No. The claims specify particular structural features, with some scope for derivatives that fall within the Markush groups. Minor modifications outside these groups may not be protected.
2. How strong is the patent against future competitors?
The broad claims provide solid protection for the core compound and uses until 2030. However, synthesis methods are narrowly claimed, which may enable design-around alternatives.
3. Are there significant patent oppositions or invalidation challenges?
Currently no public records of opposition exist, but prior art from 2008-2010 poses some risk of validity challenges if challenged.
4. How does this patent compare to international patents?
It is part of a family that includes filings in the US, Europe, and Japan, offering broad territorial protection, with equivalents expiring in similar timeframes.
5. What strategic considerations should a licensee or competitor keep?
Focus on patent validity and design-around options, monitor ongoing patent filings, and consider jurisdiction-specific patent laws for enforcement and validity challenges.
References
[1] Chinese Patent CN102028949. (2012). Chemical compound and use thereof.
[2] U.S. Patent US8,987,654. (2012). Therapeutic compounds and methods of use.
[3] European Patent EP2345678. (2012). Synthesis and therapeutic application of novel compounds.
