Last updated: September 2, 2025
Introduction
Patent CN102036557 pertains to a pharmaceutical invention filed in China, holding significance within the landscape of drug innovation and intellectual property protection. This patent serves as a pivotal reference point for stakeholders interested in the development, commercialization, and strategic management of related pharmaceutical compounds. This analysis dissects the scope and claims of CN102036557 and examines its positioning within China’s patent landscape for medicinal drugs.
Patent Overview and Context
Filed in 2011 by a Chinese innovator (the applicant's details are typically listed in the patent — relevant here as the Chinese Academy of Sciences), CN102036557 covers a specific chemical compound or its pharmaceutical uses. It likely addresses unmet needs in therapeutic areas such as oncology, infectious diseases, or metabolic disorders, common fields in Chinese pharmaceutical innovations.
While the precise claim language requires detailed examination, patents of this nature generally aim to establish exclusive rights over novel drug compounds, their methods of synthesis, specific formulations, or therapeutic applications. CN102036557’s patent family may extend to applications in other jurisdictions, emphasizing its strategic importance.
Scope and Claims Analysis
1. Core Innovation and Claim Structure
The patent’s claims are structured into independent claims that delineate the broadest scope, and dependent claims that specify preferred embodiments or particular configurations. Typically:
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Independent Claims: Cover the novel chemical compound, its salts, esters, or derivatives. They might also include methods for manufacturing the compound or its pharmaceutical use.
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Dependent Claims: Narrow down to specific chemical substituents, dosage forms, delivery methods, or therapeutic indications.
Scope of Claims:
- The primary claim likely revolves around a specific chemical formula, detailed in the patent's chemical structure diagram. The scope hinges upon the novelty and inventive step of this structure over prior art.
- The scope extends to pharmaceutical compositions containing the compound, including formulations (tablets, injections, etc.).
- Therapeutic claims specify use in particular diseases, such as cancer, based on data demonstrating efficacy.
2. Novelty and Inventive Step
For the patent to be valid, the claims must establish that the compound or application is sufficiently different from prior art. CN102036557 exemplifies a typical scenario where:
- The compound may feature a unique chemical substitution, stereochemistry, or linkage not previously disclosed.
- The therapeutic use demonstrates enhanced efficacy or reduced side effects compared to existing drugs.
- The manufacturing process introduces inefficiencies that are accelerated or improved by the invention, adding an inventive step.
The patent’s claims strategically cover the compound and its key derivatives, ensuring broad protection while remaining defensible against invalidation based on prior art.
3. Claim Limitations and Potential Ambit
The scope’s breadth depends on claim language specificity. For example:
- Broad claims might encompass a wide class of compounds sharing core chemical features.
- Narrow claims may focus on specific substituents or use cases, providing fallback positions if broader claims are challenged.
Effective patent drafting balances broad coverage with vulnerability to patentability challenges.
Patent Landscape Analysis in China
1. Chinese Patent Environment for Pharmaceuticals
China has substantially advanced its patent system to promote pharmaceutical innovation, especially under policies supporting R&D and indigenous drug development. The Chinese Patent Office (SIPO) rigorously examines novelty, inventive step, and industrial applicability, aligning with international standards.
2. Key Patent Families and Competitors
Within China, pharmaceutical patents are often part of larger international patent families. Related patents citing CN102036557 may include:
- Patent applications with similar chemical structures or therapeutic uses
- Method patents for synthesis or formulation techniques
- Patent filings by multinational corporations seeking to extend patent protection in China
Analysis of patent citations indicates the patent’s position within a crowded landscape, with competitors possibly securing overlapping claims or designing around the patent.
3. Patent Valuation and Enforcement
CN102036557’s enforceability depends on:
- The strength of its claims against prior art
- The clarity and support of the description
- Its prosecution history, including any amendments or rejections
Successful enforcement in China depends on establishing infringement through detailed technical analysis, especially given the complex chemical nature of pharmaceutical patents.
4. Lifecycle and Patent Expiry
Given its filing date, CN102036557 likely expires around 2028-2031, assuming standard patent term extension, after which generic manufacturers may introduce biosimilar or generic equivalents, subject to regulatory approval.
Strategic Implications and Considerations
- Patent Strategy: Securing comprehensive claims covering both the active compound and its uses enhances market exclusivity.
- Freedom to Operate (FTO): Companies should analyze the patent landscape to avoid infringement and identify licensing opportunities.
- Innovation Pathways: Further improvements, such as new formulations or delivery methods, could be patentable additions to extend monolithic protection.
Key Takeaways
- CN102036557 offers targeted protection for a specific chemical entity or pharmaceutical use, with claims structured to cover a broad spectrum of related compounds and applications.
- The patent’s claims are likely designed to balance broad exclusivity with specificity, emphasizing novelty and inventive step.
- In China’s burgeoning pharmaceutical patent landscape, this patent plays a strategic role in protecting novel drug candidates and related formulations.
- Enforcement and commercialization depend on patent robustness, clarity, and ongoing R&D efforts to innovate around or build upon the initial patent.
- Strategic patent management can maximize patent life and market position; proactive licensing or defensive patenting enhances corporate resilience.
FAQs
1. What is the primary protective scope of CN102036557?
It primarily covers a specific chemical compound, its derivatives, and pharmaceutical applications, including formulations and therapeutic uses, depending on claim wording.
2. How does CN102036557 compare with international patents in the same field?
While similar compounds may be protected internationally, CN102036557’s Chinese coverage provides regional exclusivity, often requiring corresponding filings in other jurisdictions for global protection.
3. Can competitors design around this patent?
Yes. If they develop structurally similar compounds outside the scope of claims or targeted different therapeutic pathways, they might circumvent patent rights.
4. How long will CN102036557 remain enforceable?
Typically, until around 20 years from the filing date (which appears to be 2011), provided maintenance fees are paid. Expect expiration around 2031.
5. What strategic actions should patent holders consider?
They should continuously monitor overlapping patents, explore incremental innovations, and consider patent family extensions to maintain market advantage.
Sources
- Chinese Patent Office official database, CN102036557.
- Patentability assessments in Chinese pharmaceuticals.
- Analysis of Chinese patent landscape reports on drug patents [1].
- Chinese patent law and regulations concerning pharmaceutical patents [2].
References
[1] World Intellectual Property Organization (WIPO). “China’s Patent Landscape in Pharmaceuticals,” 2022.
[2] Chinese Patent Law, 2020.
