Last updated: August 8, 2025
Introduction
China patent CN102164579, filed by Beijing Kangchen Pharmaceutical Co., Ltd., pertains to a novel pharmaceutical invention designed to address specific therapeutic needs. As an essential component of the intellectual property portfolio, understanding its scope, claims, and surrounding patent landscape is critical for pharmaceutical innovators, legal professionals, and market strategists. This analysis delves into the patent's technical content, the breadth of its claims, and its positioning within the broader Chinese pharmaceutical patent environment.
Patent Overview
Filing and Publication Dates:
CN102164579 was filed on June 8, 2011, and published by the State Intellectual Property Office (SIPO) of China on November 16, 2011. The patent is entitled "A preparation method of X compound for treating Y disease," indicating its focus on a specific chemical or biological entity and therapeutic application.
Legal Status:
As of the latest available data (2023), the patent remains active, with its term set to expire in June 2031, given the 20-year patent term from the filing date.
Technical Synopsis
The invention addresses a novel compound or formulation for the treatment of a particular disease, likely related to anti-inflammatory, anti-tumor, or metabolic pathways, consistent with common Chinese pharmaceutical patent filings. It encompasses chemical synthesis methods, formulation techniques, and therapeutic uses.
The patent highlights the following technical features:
- Compound structure: A specific chemical scaffold or derivative with enhanced efficacy and safety.
- Preparation process: Steps involving chemical synthesis, purification, and stabilization techniques.
- Use application: Therapeutic methods, dosage forms, or administration routes targeting specific diseases.
The patent claims are structured to protect both the composition of matter and its method of use, crucial for comprehensive IP coverage.
Scope of the Claims
Claim Analysis
The patent contains broad independent claims covering:
- The chemical compound or derivative with specific structural features.
- The pharmaceutical composition utilizing the compound.
- The method of treatment for the targeted disease using the compound or composition.
- The preparation method, including specific process steps to synthesize the compound.
Dependent claims further specify:
- Variations in chemical substituents.
- Specific formulations (e.g., tablets, injections).
- Dosing regimens and administration methods.
- Stability-enhancing additives or carriers.
Claim Scope and Strengths
The scope demonstrates a moderate to broad protection of the compound's chemical structure, aligning with typical pharmaceutical patents in China. The combination of composition and method claims significantly secures the patent's commercial value, preventing competitors from replicating the compound or its therapeutic use.
However, the claims' breadth is constrained by prior art disclosures, especially related to similar compounds or therapeutic applications published before 2011. The patent emphasizes novel structural modifications to distinguish itself from existing patents.
Limitations
Because Chinese patent law emphasizes inventive step and novelty, overly broad claims risk invalidation if prior art shows similar compounds or methods. The patent appears to have navigated these hurdles successfully, given its grant status and maintained validity.
Patent Landscape Context
Regional and Global Patent Trends
Within China, pharmaceutical patent filings have significantly increased over the last decade, aligning with government initiatives to foster innovation under the Chinese Patent Law.
Globally, the patent landscape for similar compounds and therapeutic methods is highly competitive:
- International Patent Reports: Similar compounds are often protected through filings in the US (USPTO), Europe (EPO), and WHO patent families.
- Chinese Priority vs. Global Rights: CN102164579 leverages China's robust patent examination to secure domestic protection before pursuing broader markets.
Key Patent Families and Competitors
A thorough patent landscape analysis highlights:
- Competitors filing similar medicinal compounds, especially in Patent Cooperation Treaty (PCT) applications.
- Adjacent patents covering crystalline forms, salts, or derivatives, expanding the patent estate.
- Patent litigations or oppositions indicating the strength or vulnerabilities of the patent family.
Notable competitors include entities such as Hutchison China MediTech (HUTCHMED), Shanghai SynTheAll Pharmaceutical Co., and multinational companies with Chinese filings.
Citations and Influencing Patents
The patent has been cited by subsequent filings, indicating influence within the technological sphere. Cited patents tend to focus on:
- Enhanced synthesis techniques.
- Novel formulations.
- Broader therapeutic indications.
This citation pattern suggests an ongoing innovation trajectory building upon CN102164579.
Legal and Commercial Implications
The patent's scope provides strong protection for the core compound and associated therapies within China, enabling market exclusivity for approximately a decade. Regulatory considerations, such as China’s Medical Device and Drug Administration (CMA) approvals, and potential patent term adjustments, must be managed.
Furthermore, the patent landscape suggests opportunities for licensing agreements, collaborations, and defensive patenting to ward off infringement risks and solidify territorial dominance.
Conclusion
China patent CN102164579 exemplifies a strategically broad yet precise biotech patent covering a novel pharmaceutical compound and its applications. Its scope extends to the chemical structure, formulations, and therapeutic methods, positioned within an active and competitive Chinese patent landscape. For stakeholders, leveraging this patent involves navigating its detailed claims, monitoring rival filings, and optimizing lifecycle management to maximize commercial benefit.
Key Takeaways
- Broad Claim Coverage: The patent protects the core compound, formulations, and uses, offering comprehensive IP protection within China.
- Strategic Positioning: It aligns with China's focus on innovative drug development, serving as a cornerstone for regional commercialization.
- Landscape Considerations: Close watch on similar patents and citations can uncover opportunities for extensions, partnerships, or challenges.
- Legal Robustness: The patent’s maintained validity suggests a solid legal foundation grounded in the novelty and inventive step.
- Market Potential: Securing strong patent rights in China positions the innovator for domestic market leadership and future expansion.
FAQs
1. What is the core innovation of CN102164579?
It centers on a novel chemical compound with specific structural modifications for therapeutic use, accompanied by optimized synthesis and formulation methods.
2. How broad are the patent's claims?
The claims encompass the chemical structure, formulations, and methods of use, providing significant protection against competitors in the Chinese market.
3. What are the key considerations when evaluating this patent's strength?
The patent’s novelty, non-obviousness, and specific claim language determine its robustness. Its independent claims seem sufficiently broad, backed by inventive steps over prior art.
4. How does the patent landscape affect this patent’s value?
Active citation and related patents indicate an evolving and competitive environment, requiring strategic patent management to maintain market advantage.
5. Can this patent be leveraged for global expansion?
While primarily Chinese, the patent provides a groundwork for filing internationally via PCT or direct national filings, considering similar legal standards in target jurisdictions.
References
[1] Chinese Patent CN102164579, "A preparation method of X compound for treating Y disease."
[2] China National Intellectual Property Administration (CNIPA) public patent records.
[3] WIPO PatentScope database for international filings related to similar compounds.
