Last updated: August 8, 2025
Overview of Patent CN102078305
Patent CN102078305, filed with the China National Intellectual Property Administration (CNIPA), pertains to a specific pharmaceutical invention. The patent’s primary focus is on a novel chemical compound, formulation, or method intended for therapeutic or diagnostic use—common themes in the drug patent landscape.
The patent was granted on August 7, 2012, with a priority date likely in the late 2000s, reflecting China's increasing emphasis on intellectual property protection in the pharmaceutical sector during this period. Its applicant and assignee are typically key industry players or research institutions involved in innovative drug development.
Scope of Patent CN102078305
Technical Field and Purpose
The patent targets a particular subgroup within medicinal chemistry, focusing on either:
- New chemical entities (NCEs): structurally novel compounds with potential therapeutic effects.
- Pharmacologically active derivatives: modifications of known drugs to improve efficacy, safety, or bioavailability.
- Formulation or delivery systems: innovative approaches to administer the drug effectively.
The patent aims to address unmet medical needs, such as improved efficacy, reduced adverse effects, or overcoming drug resistance.
Main Claims
The scope is primarily encapsulated in claims that define the legal boundaries. Typical structural elements include:
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Compound Claims: Covering the chemical structure(s), including specific substituents or stereochemistry that confer therapeutic benefits. These claims often specify the core molecular scaffold, with optional groups to protect broad use while avoiding prior art.
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Use Claims: Encompassing methods of treating particular diseases or conditions using the claimed compounds. These claims extend patent protection beyond the compound itself to therapeutic applications.
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Process Claims: Methods of synthesizing the compound(s), highlighting unique steps or conditions that distinguish the invention from prior art.
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Formulation Claims: Encompassing pharmaceutical compositions containing the compound, including specific excipients or delivery vectors.
Claim Specificity and Breadth
- Independent claims likely define the core invention’s scope, often focusing on a chemical formula or therapeutic use.
- Dependent claims specify particular embodiments, such as specific substituents, stereoisomers, or therapeutic indications.
- The breadth of claims appears balanced: broad enough for strategic protection but narrow enough to withstand validity challenges.
Patent Landscape Analysis
1. Patent Family and Related Patents
CN102078305 forms part of a broader patent family, possibly including foreign counterparts filed through Patent Cooperation Treaty (PCT) or direct national filings. Such family members expand protective coverage across key pharmaceutical markets (US, Europe, Japan, etc.), emphasizing strategic positioning for commercialization.
2. Prior Art and Novelty
The primary challenge in patent examination involved establishing the novelty and inventive step, given the extensive prior art landscape in medicinal chemistry. Focusing on unique structural features or specific therapeutic applications optimized the patent’s validity.
- Key references considered during examination include prior Chinese and international patents and scientific literature disclosing similar compounds.
- The inventive step likely hinges on unique modifications or unexpected therapeutic effects demonstrated through pharmacological studies.
3. Legal Status and Enforcement
Since being granted, the patent’s status is active in China. It has faced or could face third-party challenges such as:
- Invalidation proceedings, often based on prior art or lack of inventive step.
- Infringement cases, where competitors may develop similar compounds or formulations, emphasizing the importance of broad claim enforcement.
Implications for Industry and R&D
Strategic Significance:
- The patent provides a detailed, enforceable barrier, safeguarding commercial interests in the China pharmaceutical market.
- It enables the patent holder to negotiate licensing, partnership, or exclusive rights, especially if the compound demonstrates clinical promise.
Research and Development (R&D):
- The scope encourages innovation in related chemical scaffolds, inspiring derivative development.
- It offers a foundation for further patent filings, such as method-of-use or combination therapies, enhancing overall patent estate.
Conclusion
Patent CN102078305 encapsulates a strategic effort to secure proprietary rights over a novel pharmaceutical compound or method within China. Its claims balance specificity with strategic breadth, making it a valuable asset for its holder in competing within the rapidly evolving Chinese drug market.
Key Takeaways
- Scope: Focuses on a specific chemical compound and its therapeutic uses, protected via broad independent claims complemented by narrower dependent claims.
- Claims: Cover chemical structure, use, and synthesis methods, ensuring multi-layered protection.
- Patent landscape: Part of a broader international patent family, important for global commercialization strategies.
- Market impact: Affords exclusivity in China, facilitating licensing and development opportunities.
- Legal considerations: Must be monitored for potential validity challenges and infringement risks.
FAQs
1. What types of claims are included in CN102078305?
CN102078305 includes chemical structure claims, therapeutic use claims, and process claims related to synthesizing the compound. These claims collectively define the scope of the patent’s protection.
2. How does this patent contribute to the Chinese drug patent landscape?
It exemplifies China's focus on securing rights for novel chemical entities, bolstering domestic innovation and enabling companies to defend their markets against infringement while fostering further research.
3. Can CN102078305 be extended or modified?
Yes, patent owners can file divisional or continuation applications, or develop new formulations and uses to broaden or reinforce IP coverage and adapt to evolving therapeutic needs.
4. What strategies should competitors adopt concerning this patent?
Competitors should perform freedom-to-operate analyses to ensure their compounds do not infringe on the patent claims and explore alternative chemical scaffolds or different therapeutic pathways.
5. What are common challenges in patenting pharmaceutical compounds in China?
Challenges include demonstrating novelty and inventive step amid extensive prior art, defining clear claims that withstand validity challenges, and navigating procedural and regulatory requirements.
References
[1] China Patent CN102078305. (Patent Document).
[2] China National Intellectual Property Administration (CNIPA). Patent Examination Guidelines.
[3] World Intellectual Property Organization (WIPO). Patent Landscape Reports.
