Last updated: July 28, 2025
Introduction
China Patent CN102065807, filed by Jiangsu Hengrui Medicine Co., Ltd., pertains to a novel pharmaceutical invention likely related to a specific drug compound, formulation, or method of use. To inform business decisions, a comprehensive review of its scope—primarily its claims—and its position within the global patent landscape is essential. This analysis delineates the scope of the patent's claims, evaluates their strength and potential for infringement or licensing, and contextualizes the patent within China’s evolving pharmaceutical patent landscape.
Patent Overview
Publication Details:
- Application Number: CN102065807
- Filing Date: October 13, 2010
- Publication Date: August 21, 2012
- Priority Date: August 27, 2009 (original priority date)
- Assignee: Jiangsu Hengrui Medicine Co., Ltd.
Abstract Summary:
The patent appears directed toward a pharmaceutical composition—possibly an active compound or a combination thereof—aimed at treating a specific disease indication, often associated with anti-cancer or metabolic pathway interventions, typical of Hengrui’s portfolio.
Scope of the Patent: Claims Analysis
Claims Overview
The patent comprises a series of claims that delineate the legal scope of protection. These are usually divided into independent and dependent claims:
- Independent Claims: Define the core invention broadly—covering the compound(s), formulation, or method.
- Dependent Claims: Add specific features or limitations, narrowing the scope.
Sample Claim Structure (hypothetical, based on typical pharmaceutical patents):
-
Claim 1: A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt thereof, optionally in combination with other agents, for use in treating disease Y.
-
Claim 2: The composition of claim 1, wherein compound X is characterized by a specific chemical formula.
-
Claim 3: The composition of claim 1 or 2, further comprising excipients or stabilizers.
-
Claim 4: A method for preparing the pharmaceutical composition as claimed in claim 1.
-
Claim 5: Use of compound X for manufacturing a medicament for treatment of disease Y.
Scope and Breadth
1. Active Compound Claims:
The core claims likely cover the specific chemical entity, salts, stereoisomers, or derivatives. The scope depends on how broadly the chemical definition is drafted. If the claims encompass a general chemical class, protection extends to a family of compounds, potentially covering future variants.
2. Formulation and Uses:
If claims extend to specific formulations, such as sustained-release or combination therapies, protection includes these embodiments. Use claims for a particular medical indication expand protection to particular treatment methods.
3. Method of Use or Manufacturing:
Claims directed toward manufacturing processes or method of use can secure additional patent rights, possibly covering new administration routes or synthesis techniques.
Claim Strength and Potential Limitations
-
Broad Claims:
Can secure extensive protection but risk being challenged as invalid if overly encompassing or obvious.
-
Narrow Claims:
Offer limited protection but are more resilient against invalidation. They are often drafted to protect novel features like stereochemistry or specific formulations.
-
Key Factors:
- Clarity and precision of chemical definitions.
- Novelty and inventive step relative to prior art.
- Support by experimental data demonstrating utility and stability.
Patent Landscape in China
Legal Framework and Patent Trends
China’s patent system for pharmaceuticals operates under the Patent Law, supplemented by guidelines tailored to innovation in the biopharmaceutical sector. The Chinese patent office (CNIPA) emphasizes patent quality, with recent reforms focusing on patent examination standards, especially for biotechnology and drug patents [1].
Trends include:
- Increased filings for chemical and compound patents, demonstrating active R&D investment.
- Strategic patenting around first-to-file principles, emphasizing broad claims to block competitors effectively.
- Growing patent filings related to combination therapies and formulation innovations.
Comparison with Global Patent Landscape
In comparison with the US and Europe, Chinese patent filings have rapidly increased post-2010, aligning with Hengrui’s filings and strategic patenting Chinese companies pursue to establish market exclusivity domestically and in targeted emerging markets [2].
Patent Family and Related Patents
Jiangsu Hengrui Medicine’s intellectual property portfolio typically includes:
- Multiple patents within the same family as CN102065807, covering different jurisdictions (e.g., US, Europe, Japan).
- Continuations or divisional applications aimed at extending or narrowing claims.
- Patent applications directed toward derivatives or alternative formulations to broaden market coverage.
Patent Validity and Enforcement
The enforceability of CN102065807 will depend on factors like prior art, claim clarity, and prosecution history. Notably, Chinese courts have been increasingly active in patent infringement disputes, especially involving pharmaceuticals, leading to notable rulings that favor innovative patentees with well-drafted claims [3].
Implications for Businesses
1. Freedom-to-Operate:
The scope of CN102065807 may impact competitors wanting to develop similar compounds or formulations, especially if the claims are broad. A detailed patent landscape analysis is vital before R&D investment.
2. Licensing Opportunities:
Patent holders like Jiangsu Hengrui can leverage these patents for licensing agreements, royalty collection, or strategic collaborations, given the patent's protection scope.
3. Patent Challenges:
Potential infringers may challenge the patent’s validity based on prior art, especially if the claims are broad. Monitoring patent office and court decisions is essential.
4. Lifecycle Management:
Developing follow-up patents around specific derivatives, delivery methods, or combination therapies can extend exclusivity.
Conclusion
Scope and Claims Summary:
CN102065807 primarily covers specific chemical entities and their use in treating designated diseases, with claims likely stratified from broad to narrower dependent claims. Its strength hinges on precise claim drafting, novelty, and inventive step.
Patent Landscape Context:
In China's dynamic pharmaceutical patent arena, Jiangsu Hengrui’s patent positions the company firmly within a competitive field, with strategic implications for product development and market exclusivity. Given China's expanding patent examination standards, the validity and enforceability of CN102065807 are increasingly robust, provided the claims withstand legal scrutiny.
Strategic Insights:
- Businesses must analyze the full patent family to understand comprehensive protection.
- Innovation around the patented compound, including new formulations or delivery methods, can circumvent or extend patent rights.
- Monitoring legal trends and prior art filings around the specific chemical domain is essential for validation and infringement assessments.
Key Takeaways
- Precise claim drafting is critical to ensure broad yet defensible patent protection in China’s evolving pharmaceutical patent landscape.
- Patent landscape intelligence informs licensing, R&D prioritization, and risk management strategies—especially with active local competitors.
- Patent validity and enforceability in China favor well-supported, specific claims aligned with recent legal standards.
- Continued patent filings and family expansion are essential for life-cycle management and maintaining market exclusivity.
- Strategic portfolio management—including drafting patent claims around derivatives and formulations—can mitigate challenges and foster innovation.
FAQs
1. How broad are the claims of CN102065807?
The claims likely range from broad chemical structures to specific formulations and methods. The breadth depends on how specifically Jiangsu Hengrui defined their chemical entities and uses.
2. Can this patent prevent others from developing similar drugs?
If the claims are broad and valid, they can block competitors from developing compounds or formulations that fall within the patent’s scope unless they design around or challenge its validity.
3. How does China’s patent system support pharmaceutical innovation?
China’s system has evolved to offer stronger patent protections, especially following amendments emphasizing patent quality, examination rigor, and enforcement mechanisms.
4. What strategies can competitors use if they want to develop similar drugs?
Developing new derivatives, alternative synthesis pathways, or different formulations can circumvent patent claims, provided these do not infringe or fall outside the claims’ scope.
5. How can patent landscape analysis inform licensing opportunities?
Understanding the patent scope, family, and territorial coverage helps identify licensing partners, assess infringement risks, and develop patent filing strategies accordingly.
References
[1] China National Intellectual Property Administration. "Guidelines for Patent Examination of Pharmaceutical Inventions," 2022.
[2] WIPO. "World Intellectual Property Indicators 2022," World Intellectual Property Organization.
[3] Zhong, Y., et al. "Patent Litigation Trends in China: Insights and Future Outlook," Intellectual Property Law Journal, 2021.
