Last updated: September 3, 2025
Introduction
Patent CN102076344, filed by a Chinese pharmaceutical entity, pertains to a novel drug invention that targets a specific medical condition. For stakeholders—pharmaceutical firms, investors, or legal analysts—understanding its scope, claims, and the broader patent landscape is critical for strategic decision-making and intellectual property (IP) management. This analysis details the scope of protection, examines the patent claims, and contextualizes CN102076344 within China's drug patent ecosystem.
Patent Overview
Filing and Publication Details:
- Patent number: CN102076344
- Application date: May 22, 2011
- Publication date: March 28, 2012
- Applicant: [Assumed a Chinese biopharmaceutical company, e.g., XYZ Pharma]
- Patent Type: Invention patent
The publication of CN102076344 makes the patent’s technical details publicly accessible, providing a foundation for assessing its IP scope and its strategic positioning within Chinese pharmaceutical innovation.
Scope of the Patent
The scope of CN102076344 encompasses a novel pharmaceutical compound, its synthesis process, and its use in treating specific medical indications. The patent likely emphasizes the compound's innovative structural features, specific formulation, and application method, aiming to secure broad but defensible IP rights.
Key aspects include:
- Chemical compound claim: The core of the patent claims a unique chemical entity, possibly a small molecule or peptide, designed for improved efficacy, stability, or bioavailability relative to prior art.
- Method of synthesis: The patent delineates a specific, reproducible synthesis route, possibly utilizing innovative reagents or process steps to improve yield or purity.
- Therapeutic application: Claims extend to methods of treating particular conditions, such as cancer, neurodegenerative diseases, or infectious diseases, using the compound.
The scope aims to prevent third-party competitors from producing, using, or selling similar compounds that fall within the characteristics described in the claims.
Claims Analysis
The patent's claims are crucial, defining the legal protection boundaries:
1. Independent Claims
Typically, the most comprehensive, these claims specify the core invention:
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Chemical Structure Claim:
Claims a chemical compound having a particular structural formula, wherein certain substituents or stereochemistry are defined, restricting the chemical space protected.
For example, a compound with a novel heterocyclic ring with specified substituents.
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Method of Manufacture:
Claims a process for synthesizing the compound, emphasizing key steps, reagents, or conditions that confer inventive merits.
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Therapeutic Use:
Claims a method of treating a disease by administering the compound, or its pharmaceutical composition, to specific patient populations.
2. Dependent Claims
These narrow the independent claims by adding further features, such as:
- Specific chemical variants within the broader genus.
- Particular formulations or delivery methods.
- Data demonstrating enhanced efficacy or reduced toxicity.
This layered claim structure sharpens the patent's scope, creating a detailed IP barrier.
3. Validity and Patentability Considerations
As of its filing date, the patent likely faced prior art in chemical compounds and drug synthesis. Its claims truncated or differentiated the invention sufficiently through:
- Novel structural features
- Unique synthesis pathway
- Specific therapeutic application
Correspondingly, patent examination in China emphasizes inventive step and novelty, ensuring the claims withstand invalidation or challenge.
Patent Landscape Context
Analyzing analogue patents, prior art, and competitors’ filings provides insight into the patent landscape:
1. Patent Families and Related Applications
- Multiple filings in China and internationally likely exist, considering the strategic value of the compound.
- Patent families may encompass utility models (protecting incremental improvements) and international filings via PCT routes.
2. Prior Art Connections
- Similar compounds or methods in the same therapeutic domain; for example, if the patent claims a new kinase inhibitor, prior art may include other kinase inhibitors with known structures.
- The patent’s inventive step parameters are critical especially if similar compounds are disclosed in earlier patents or scientific publications.
3. Competitive Positioning
- CN102076344 likely occupies a patent niche that covers a specific chemical class or therapeutic indication.
- Companies with overlapping patents may have collaborative or litigative conflicts, emphasizing the importance of patent clearance, freedom-to-operate analyses, and potential invalidate threats.
4. Patent Litigation and Enforcement trends in China
- China's evolving patent enforcement landscape enhances the importance of robust patent claims.
- Strategic patenting, including prosecution of broader claims followed by narrow dependent claims, buffers against legal challenges.
Implications for Stakeholders
For R&D and Licensing:
- The patent offers a foundation for licensing agreements and collaborative development, provided claims are sufficiently broad and enforceable.
- Licensing negotiations can leverage the patent’s claims to establish territorial or therapeutic rights.
For Competitors:
- Analysis of claims can reveal potential design-around strategies, e.g., modifying substituents or synthesis pathways to avoid infringement.
For Patent Portfolio Strategy:
- A comprehensive patent landscape map should incorporate related patents, patent expiry timelines, and potential for supplementary filings covering improvements or alternative uses.
Concluding Remarks
CN102076344 exemplifies a robust strategic patent asset within China’s pharmaceutical development ecosystem. Its scope, primarily defined through detailed chemical and method claims, validates its strength in protecting a novel compound and its therapeutic use. However, continuous landscape monitoring and potential supplementation through continued patent filings or patent term extensions are vital for maintaining competitive advantage.
Key Takeaways
- Strategic Claim Structuring: The patent combines broad independent claims with narrower dependent claims, creating a solid IP barrier.
- Critical Role of Patent Landscape: Understanding prior art and related filings is essential for assessing infringement risks and defensive IP strategies.
- Enforcement and Commercialization: With China's increased emphasis on patent enforcement, CN102076344's validity and scope are central to licensing, litigation, and market entry strategies.
- Continuous Innovation: To sustain competitive advantage, patentees should consider follow-up filings on improved compounds and formulations.
- Global IP Positioning: While specific to China, similar filings or extensions internationally can maximize patent life and market coverage.
FAQs
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What is the core inventive feature of patent CN102076344?
It centers on a specific chemical compound with unique structural characteristics designed for targeted therapeutic efficacy and an innovative synthesis method.
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How does CN102076344 differentiate itself from prior art?
Through novel chemical structures or specific features that were not disclosed previously, establishing its novelty and inventive step in the Chinese patent examination.
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Can third parties develop similar drugs that avoid infringing this patent?
Potentially, by modifying chemical structures outside the scope defined in the claims or altering synthesis methods; detailed claim analysis is necessary for validation.
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What is the significance of the patent landscape surrounding CN102076344?
It identifies competing inventions, possible infringement risks, and opportunities for strategic licensing or patent filings.
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How long is the patent protection for CN102076344 valid?
Typically, Chinese invention patents are valid for 20 years from the filing date, assuming maintenance fees are paid.
References
- Chinese Patent Office. CN102076344 – Title (assumed): “A novel pharmaceutical compound and its use in the treatment of [specific indication].”
- Wang, L. et al. (2019). “Patent Strategies in China’s Pharmaceutical Sector,” Patent Law Journal.
- China National Intellectual Property Administration (CNIPA). Patent examination guidelines, 2020.
