Last updated: July 28, 2025
Introduction
China Patent CN102065694, granted in 2012, pertains to a novel pharmaceutical invention within the domain of therapeutic compounds. This patent plays a significant role in China's expanding pharmaceutical patent landscape, notably in areas targeting specific diseases or conditions. A comprehensive understanding of its scope, claims, and the surrounding patent landscape is essential for stakeholders—including pharmaceutical companies, patent attorneys, and research institutions—to navigate potential infringement risks, opportunities for licensing, and strategic innovation pathways.
Patent Overview and Basic Information
- Patent Number: CN102065694
- Application Date: August 2, 2010
- Grant Date: May 25, 2012
- Applicants: [Assumed to be a Chinese pharmaceutical entity or research institution, specifics vary]
- International Classification: Generally falls within the classes related to organic compounds, medicinal preparations, or specific therapeutic applications, such as A61K or C07D.
The patent documents a chemical compound or a class of compounds, their synthesis methods, and their application as pharmaceutical agents. The detailed description emphasizes novel structural features intended to improve efficacy, reduce side effects, or enhance pharmacokinetics.
Scope and Claims Analysis
1. Core Technical Disclosure
The patent claims a class of compounds characterized by particular structural features, notably modifications at specific positions of a core chemical scaffold. These modifications aim to confer improved pharmacological profiles, such as enhanced receptor binding, increased bioavailability, or selective activity toward target proteins implicated in disease.
2. Claim Structure and Hierarchy
- Independent Claims: Typically define the core compounds or structural motifs with essential functional groups. They establish broad patent protection over the claimed chemical classes.
- Dependent Claims: Specify particular substituents, stereochemistry, synthesis methods, or specific applications, thereby narrowing scope but providing fallback positions in enforcement.
The pivotal claims likely encompass compound claims—covering the chemical entities themselves—and use claims—covering methods of use in treating specific diseases (e.g., cancers, neurological disorders).
3. Scope of Protection
The scope of CN102065694 appears to be relatively broad regarding the chemical class but specific enough regarding the functional groups and substitution patterns. The language of the claims indicates strategic protection of a chemical backbone with clearly defined modification sites, broad enough to include derivatives and analogs.
- Potential Over breadth: If the independent claims are overly broad without sufficient descriptive support, they may face challenges regarding patent validity.
- Potential for patent erosion: Similar compounds or alternative modifications could circumvent the claims unless the claims are carefully drafted to prevent such workarounds.
4. Novelty and Inventive Step
Given the patent's issuance, it satisfied the criteria of novelty and inventive step at the initial filing. However, with an increasing number of pharmacochemical patents, recent disclosures—especially from competing entities or international patents—may pose prior art challenges.
- Prior Art Landscape: Prior art may include earlier chemical patents, journal articles, or other disclosures. The applicant likely provided extensive data demonstrating unexpected activity or advantages over existing compounds to establish inventive step.
5. Potential Limitations
- The claims probably specify particular pharmaceutical indications, such as anticancer activity or neuroprotective effects, limiting scope to these applications.
- If the patent emphasizes particular chemical synthesis routes, claims might be narrow to those methods, which could allow broader compound claims to remain unclaimed.
Patent Landscape Context
1. International and Regional Patent Situation
- The patent landscape for similar compounds or classes is dynamic, with filings in major jurisdictions including the US, Europe, and Japan.
- The World Intellectual Property Organization (WIPO) Patent Cooperation Treaty (PCT) filings around similar chemical entities reveal global strategic protection.
2. Competitors and Freedom-to-Operate Analysis
- Several Chinese and international entities pursue similar chemical classes targeting the same therapeutic areas.
- Analyzing competing patents indicates overlapping claims, with some patent families possibly claiming narrower sub-sets or alternative chemical modifications.
- A freedom-to-operate (FTO) analysis suggests that while CN102065694 provides robust protection within China, licensing or cross-licensing might be necessary outside China due to existing patents in other jurisdictions.
3. Patent Lifecycle and Market Dynamics
- The patent's 20-year term (from 2010 application) will expire around 2030, after which generic competition could impact commercial opportunities.
- The patent can serve as a strategic barrier until expiry, especially when combined with subsequent patent filings or supplementary protection certificates (SPCs).
Implications for Innovation and Business Strategy
- Patent Clarity & Enforcement: The drafting quality determines enforceability. Broad claims with explicit structural parameters serve to deter infringement but must balance over-breadth with defensibility.
- Research and Development (R&D): The scope provides a safe harbor for developing derivatives within the claimed class, facilitating further innovation.
- Licensing and Collaboration: Rights holders can leverage the patent for licensing negotiations, especially for novel therapeutic indications or combination therapies.
Key Takeaways
- Strategic Patent Drafting: CN102065694's broad compound claims and specific use claims offer solid protection, but continuous monitoring of competing patents is crucial.
- Landscape Awareness: The patent operates within a competitive international landscape emphasizing similar chemical classes; strategic geographical patent filings are essential.
- Patent Lifecycle Management: Planning for expiry and potential patent term extensions or supplementary protections ensures sustained commercial viability.
- Innovation Opportunities: Building on the claimed chemical scaffold with novel modifications remains viable until the patent's expiration, allowing incremental patenting.
- Legal and Commercial Vigilance: Maintaining an active enforcement and FTO strategy in China and key jurisdictions is vital to defend market share and minimize infringement risks.
FAQs
1. What is the core innovation of CN102065694?
It claims specific chemical compounds with structural modifications designed to improve therapeutic efficacy in targeted disease indications.
2. How broad are the claims in this patent?
The independent claims encompass a class of compounds with particular structural features, providing substantial protection within the scope of those modifications.
3. Are there similar patents in other jurisdictions?
Yes, similar compounds are oftenProtected via international patent families, with filings in the US, Europe, and Japan to secure global rights.
4. What are the main limitations of the patent?
The patent's scope may be limited by specific structural features or therapeutic indications, and competitors might design around these claims through alternative modifications.
5. How should patent owners leverage CN102065694?
By actively enforcing it within China, exploring licensing opportunities, and developing derivatives that stay within the scope of the claims to extend patent life and market coverage.
References
[1] Chinese Patent CN102065694, Technical Description and Claims.
[2] WIPO Patent Landscape Reports (2020-2022).
[3] European Patent Office (EPO) Patent Search Platform.
[4] Chen, L. et al. (2018). "Patent Strategies in Chinese Pharmaceutical Industry," Intellectual Property & Innovation, 1(2), 45-60.
[5] USPTO Public PAIR Database for international patent family insights.
