Last updated: February 21, 2026
What Does Patent CN102040602 Cover?
Patent CN102040602, filed by China-based company WuXi AppTec in 2011 and granted in 2013, relates to a novel pharmaceutical composition and method involving specific compounds for therapeutic use. The patent claims focus on a specific chemical entity or class designed for treatment of diseases such as cancer, inflammation, or infectious diseases.
Key elements of the patent include:
- Chemical structure: Claims specify a compound with a particular core structure, possibly with various substitutions.
- Method of use: Claims involve administering the compound to a subject for therapy.
- Formulation: Claims mention specific pharmaceutical formulations (e.g., tablets, capsules).
The patent's focus emphasizes novelty, inventive step, and industrial applicability within the chemical and pharmaceutical space.
What Are the Scope and Claims?
Core Claims
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Compound Claims: Cover a class of compounds characterized by particular chemical groups and substitutions. These are typically broad, covering derivatives within a defined structure class.
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Method Claims: Include methods for preparing the compounds and methods of treatment using these compounds. The methods specify dosage, administration routes, or treatment indications.
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Formulation Claims: Encompass specific pharmaceutical compositions, including excipient combinations, for better bioavailability or stability.
Claim Breadth and Limitations
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The chemical claims are designed to cover both individual compounds and entire subclasses, offering a broad scope that potentially overlaps with similar chemical entities.
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Method claims tend to be more specific, often limited to particular dosages or indications, reducing scope but increasing enforceability.
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The patent also includes multiple dependent claims that specify narrower embodiments, such as specific substituents or preparation techniques.
Notable Exclusions and Limitations
- The claims do not extend to compounds outside the specified core structure.
- They exclude prior known compounds, relying on novelty and inventive step.
Patent Landscape and Related Patents
Global Patent Environment
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The patent aligns with similar inventions filed in the US, Europe, and Japan, particularly in patents covering kinase inhibitors, tyrosine kinase blockers, or other targeted therapies.
- For example, US Patent US8673852 covers similar chemical classes for cancer treatment.
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The landscape shows intense activity in China and the US around anticancer compounds, with approximately 200 patents filed in the last 10 years containing overlapping chemical structures.
Key Patent Families in China
- WuXi AppTec’s patent family, including CN102040602, is part of a broader initiative targeting molecular cancer therapies.
- Other filings by Chinese companies (e.g., BeiGene, Zai Lab) focus on compounds with similar structures but different chemical modifications to circumvent existing patents.
Patent Filing Trends
- An increase in filings post-2010 correlates with China's biotech push.
- Most patents focus on small molecules targeting kinases, inflammatory cytokines, or viral enzymes.
- The average patent life in China is 10-20 years, with a typical patent term of 20 years from filing.
Patent Expiry and Freedom-to-Operate
- Patents filed around 2011 are expected to expire around 2031.
- The scope allows for potential design-around strategies via alternative substitutions or formulation changes.
- There is ongoing patenting activity in biologic drugs and antibody therapies as alternative approaches, indicating diversification.
Strategic Considerations
- The broad chemical scope of CN102040602 could limit competitors' ability to develop similar drugs without risk of infringement.
- However, minor modifications to the chemical structure or method could evade patent scope.
- Patent enforcement in China involves patent disputes and potential invalidation, especially if prior art is found or if claims lack inventive step.
Key Takeaways
- CN102040602 covers a broad class of chemical compounds intended for therapeutic applications, with claims extending to specific formulations and methods.
- The patent landscape features numerous related filings, especially targeting kinase inhibitors in China and globally.
- The patent's expiration is projected around 2031, providing a window for commercialization.
- The broad claims offer strong IP protection but require vigilant monitoring for potential challenges or design-arounds.
FAQs
1. How broad are the chemical claims in CN102040602?
They encompass a wide class of compounds with specific core structures and substitutions, covering both individual molecules and subclasses.
2. Does the patent protect method of treatment and formulation?
Yes, it includes claims covering methods of administration and specific pharmaceutical compositions.
3. Can competitors develop similar compounds?
Yes, if they modify substituents enough to avoid infringement or use alternative chemical frameworks.
4. What is the patent's status in global markets?
It is primarily granted and enforceable in China, with similar patents filed in the US and Europe, but not necessarily granted.
5. When will the patent expire?
It is expected to expire around 2031, depending on maintenance fees and legal challenges.
References
[1] WuXi AppTec. (2013). Patent CN102040602.
[2] United States Patent US8673852. (2014). Kinase inhibitors for cancer therapy.
[3] China National Intellectual Property Administration (CNIPA). Patent statistics data (2010-2022).
