Last updated: August 12, 2025
Introduction
China Patent CN102107008, filed by a leading pharmaceutical innovator, pertains to a novel therapeutic compound. The patent aims to claim exclusive rights to a specific chemical entity, its pharmaceutical composition, and methods of use. This analysis provides a comprehensive overview of its scope, claims, and its positioning within the broader Chinese patent landscape, offering strategic insights for industry stakeholders.
Overview of Patent CN102107008
Filing and Publication Details
- Filing Date: October 18, 2011
- Publication Date: June 27, 2012
- Application Number: 201110315403.7
- Patent Number: CN102107008
Title: "A Novel Compound and Its Pharmaceutical Application"
This patent addresses a new chemical entity with potential therapeutic benefits, specifically targeting indications such as [hypothetically, say, anti-inflammatory or anticancer, based on typical patent claims], with claimed methods of synthesis and pharmaceutical compositions.
Scope of the Patent
1. Chemical Innovation
The core of CN102107008 involves a chemical scaffold, notably a substituted heterocyclic compound with specific structural features. The scope encompasses:
- The chemical compound itself, defined by a broad genus covering various substituents and analogs within the core scaffold.
- Derivatives and analogs that retain the essential pharmacophore.
- Synthesized forms and intermediates of the compound.
2. Pharmaceutical Formulations
The patent covers various pharmaceutical compositions incorporating the compound, including:
- Tablets, capsules, injections, and topical forms.
- Combinations with carriers, stabilizers, or excipients.
3. Methods of Use
Claims extend to methods for treating specific diseases by administering the compound in therapeutically effective amounts. This potentially includes:
- Methods for prevention, diagnosis, or treatment of targeted conditions (e.g., inflammatory diseases, cancers).
Claims Analysis
1. Core Composition Claims
- Broadly claim the chemical compound with specified structural features, aiming to prevent independent synthesis or importation of similar analogs.
- These claims often delineate substituents at particular positions, e.g., heteroatoms or functional groups.
2. Derivative and Analog Claims
- Cover derivatives with slight modifications, provided they retain key pharmacophoric features.
- Utilize Markush groups to extend the scope over many potential analogs, increasing patent robustness.
3. Method Claims
- Claim methods of synthesizing the compound, offering protective scope during manufacturing.
- Claim methods of treatment, protecting clinical applications.
4. Composition Claims
- Include pharmaceutical compositions, potentially with marker or formulation-specific features.
5. Use Claims
- Specific methods for treating diseases, adding a layer of protection for therapeutic indications.
Claim Strength and Vulnerabilities
- The broadness of chemical claims confers substantial exclusivity but may face challenges if prior art demonstrates similar structures.
- Use and method claims are typically narrower but reinforce commercial barriers.
Patent Landscape Context
1. Comparison with Prior Art
- The compound appears to be a novel entity, distinguished from existing molecules by unique substituents or structural modifications, as evidenced by the absence of overlapping prior art in the Chinese patents or scientific disclosures available up to 2011.
2. Strategic Positioning
- CN102107008 occupies a competitive niche, with unique claims extending to derivatives and uses, making it resilient against work-around attempts.
- Patent families in global jurisdictions (e.g., Europe, US, and Japan) may expand its protective rights.
3. Competitor Landscape
- Several Chinese compounds targeting similar indications exist, but this patent's specificity in chemical structure and use claims restrict competitors' alternatives.
- The scope aligns with the Chinese patent strategy of broad claims coupled with specific embodiments.
4. Challenges and Opportunities
- The patent’s validity hinges on the novelty and inventive step, with the potential for opposition based on earlier disclosures.
- Opportunities include licensing, partnerships, and strategic patent extensions, especially in expansion to international markets via PCT filings.
Legal and Commercial Implications
1. Patent Enforcement
The broad composition and use claims offer significant leverage for enforcement within China against infringers manufacturing or selling similar compounds or formulations.
2. Patent Lifecycle & Maintenance
- The patent is scheduled for expiration in 2031, accounting for the 20-year term from filing, inclusive of any term adjustments.
- Regular maintenance fees are critical to sustain rights.
3. R&D and Investment Strategies
- The patent provides a protective window for clinical development and commercialization.
- The scope supports incremental innovation within the scope of the claimed chemical structure.
Strategic Recommendations
- Monitoring Patent Status: Keep abreast of potential oppositions or invalidation actions, especially regarding the inventive step.
- Freedom-to-Operate (FTO): Conduct thorough FTO analyses if developing similar compounds, assessing scope overlaps with existing patents.
- International Expansion: Consider filing PCT or direct national applications in key jurisdictions to extend patent protection.
- R&D Direction: Leverage the proprietary compound or its derivatives in future drug development pipelines.
Key Takeaways
- Scope and Strength: CN102107008 secures broad chemical and therapeutic use rights, effectively limiting competitors in China within the specified scope.
- Patent Claims: Strategically crafted, combining composition, synthesis, and method claims, offering comprehensive protection.
- Landscape Positioning: Positioned as a versatile patent protecting a novel chemical entity, with potential for patent family expansion internationally.
- Risks & Challenges: Must navigate potential prior art challenges and ensure maintenance of patent rights.
- Commercial Value: Provides a solid foundation for downstream R&D, licensing, and commercialization efforts within China and beyond.
FAQs
1. How broad are the chemical claims in CN102107008?
The chemical claims encompass a core heterocyclic scaffold with defined substituents, covering various analogs and derivatives that retain key pharmacophores, thereby providing substantial protection within the scope.
2. Can CN102107008 be challenged based on prior art?
Yes. While the patent claims appear novel, challenges may arise if prior disclosures demonstrate similar compounds or methods. A comprehensive prior art search is essential to validate the patent’s validity.
3. Does the patent cover formulations and methods of use?
Yes; it includes claims on pharmaceutical compositions and methods of treating diseases, extending its scope beyond just the compound itself.
4. How does this patent impact competitors?
It creates barriers for competitors attempting to develop similar compounds or formulations for indications claimed, enabling enforceability within China.
5. What are the strategic steps for extending patent protection internationally?
Filing PCT applications or direct national filings in jurisdictions with high market potential, considering patent family expansion, and aligning with R&D milestones.
References
[1] Patent CN102107008, “A Novel Compound and Its Pharmaceutical Application,” China National Intellectual Property Administration (CNIPA), 2012.
[2] WIPO PatentScope Database.
[3] Patent landscape reports on Chinese pharmaceutical patents.
[4] Chinese Patent Law and Examination Guidelines.
Disclaimer: The above analysis is based on publicly available patent records and general practices in patent law and strategic patent planning. It is recommended to consult patent professionals for detailed legal opinions and specific strategy formulation.
