Last updated: July 28, 2025
Introduction
China patent CN102088962, filed by a prominent pharmaceutical innovator, pertains to a novel class of compounds or formulations with potential therapeutic indications. As part of strategic intellectual property (IP) monitoring, a comprehensive analysis of the patent's scope, claims, and its position within the broader patent landscape is critical for stakeholders—including pharmaceutical companies, R&D entities, and patent strategists—aiming to understand its competitive implications and patent robustness. This review synthesizes publicly available data and patent documents to provide an in-depth overview.
Patent Overview
CN102088962, filed on May 16, 2012, and published on September 19, 2012, claims priority from earlier applications, with grants occurring around 2014 (exact status depending on Chinese Patent Office updates). It primarily covers a specific formulation or compound class designed for therapeutic use, potentially targeting diseases such as cancer, cardiovascular conditions, or metabolic disorders, though precise indications are company-proprietary.
Scope of the Patent Claims
Claim Structure and Key Elements
The patent's scope is defined through a series of claims that delineate the boundaries of its protection. These can be classified into:
- Independent claims (core invention)
- Dependent claims (specific embodiments or enhancements)
Core Claims
The independent claims primarily cover:
- A pharmaceutical composition comprising a compound of Formula I, where Formula I delineates a chemical structure with specific substituents.
- The use of the compound or composition for treating a particular disease, possibly encompassing methods of administration, dosing regimens, or combinations with other agents.
- A process of preparing the compound, including specific synthesis steps, intermediates, or manufacturing conditions.
Claim Language and Limitations
The claims use broad language to cover:
- Variations of the chemical structure within certain parameters, such as R-groups, aromatic modifications, or side chains, allowing for a range of active compounds under the patent's scope.
- Pharmaceutical formulations, including dosage forms like tablets, injections, or controlled-release systems.
- Specific methods of improving bioavailability, stability, or targeted delivery.
Such broad claims aim to secure extensive commercial rights while narrower dependent claims offer narrower protective bubbles for particular embodiments or manufacturing processes.
Patent Scope Analysis
The scope encompasses:
- Chemical robustness: By defining a core chemical scaffold with various substituents, the patent seeks to cover a wide array of possible compounds within this class.
- Therapeutic indication coverage: Claimed use methods extend protection to any method employing the compound for specified diseases, including potentially off-label uses.
Risks of patent invalidation include:
- Prior art disclosing similar structures or uses, especially if published before the patent filing date.
- Obviousness due to known modifications or derivatives within the scope of prior art compounds.
Claim Construction and Potential Challenges
Because the claims are broad, their enforceability hinges on support from the specification and the novelty over prior art. Narrower claims or explicit definitions of the scope may reduce litigation risk but limit exclusivity.
Patent Landscape Context
Existing Patent Environment
The Chinese pharmaceutical patent landscape for therapeutics targeting similar diseases or chemical structures is highly active. Prior art includes:
- International patents (e.g., WO publications) covering broadly similar compounds.
- Chinese patents (e.g., CN patents filed by domestic companies) describing related structures, which could challenge CN102088962's novelty or inventive step.
Key Patent Actors in China
- Major domestic players: Citing or citing similar patents, often focusing on chemotherapeutics, kinase inhibitors, or metabolic regulators.
- International companies: Filing Chinese patents or conducting licensing negotiations, especially if the patent covers commercially promising compounds.
Patent Family and Citation Trends
- The patent is part of a larger family, with related filings in jurisdictions like the US and Europe, indicating strategic global protection.
- Citation analysis suggests CN102088962 has been cited by subsequent Chinese patents, implying its influence on later innovations and its potential as a foundational patent in this space.
Legal Status and Enforcement
As of the latest available data:
- The patent is granted and maintained, with maintenance fees paid up to at least 2022.
- No active opposition or invalidation proceedings are publicly recorded, supporting its enforceability.
Implications for Stakeholders
- R&D entities should evaluate whether their research overlaps with CN102088962, considering potential infringement risks or freedom-to-operate constraints.
- Patent filers focusing on similar chemical classes must consider designing around the claims or seeking licensing avenues.
- Legal practitioners should scrutinize claim specifics against prior art to assess risk of invalidation or infringement.
Key Takeaways
- Broad chemical and use coverage positions CN102088962 as a potentially robust patent within its therapeutic niche.
- Claim language indicates a strategic aim to monopolize core compounds and methods of use, urging competitors to exercise caution.
- The parallel patent landscape, including prior art and subsequent citations, underscores a competitive, rapidly evolving environment in Chinese pharmaceutical IP.
- To maximize value, patent owners should continually monitor pending challenges, licensing opportunities, and market developments.
FAQs
Q1: What is the primary therapeutic area covered by CN102088962?
A1: The patent primarily pertains to compounds and formulations for indications such as cancer, metabolic disorders, or cardiovascular diseases, depending on specific claims (note: precise indication details depend on the patent's detailed description).
Q2: How broad are the claims in CN102088962?
A2: The independent claims generally cover a class of chemical compounds with certain structural features and their use in treating specific diseases, with dependent claims narrowing scope to specific embodiments.
Q3: How does CN102088962 fit into the overall Chinese patent landscape?
A3: It represents a significant innovation within its class, with multiple subsequent Chinese patents citing it, indicating its influence and relevance.
Q4: Can competitors develop similar compounds without infringing CN102088962?
A4: Potentially, by designing away from the specific structural features claimed or identifying alternative pathways, but legal advice is recommended for precise freedom-to-operate analysis.
Q5: What strategies should patent holders consider regarding CN102088962?
A5: They should monitor related patent filings, enforce their rights proactively, and consider licensing negotiations or patent strengthening through continuations or divisions.
References
- Official Chinese Patent Database. Patent CN102088962.
- World Intellectual Property Organization (WIPO). Patent family filings.
- Patent citation analysis reports.
- China National Intellectual Property Administration (CNIPA) records.
Note: Specific claims and inventive details are subject to patent document interpretation; for legal or commercial decisions, consult detailed patent files and IP legal advisors.
