Last updated: August 3, 2025
Introduction
China Patent CN102164912, titled “A Preparation Method of Compound X”, represents a significant intellectual property (IP) asset within the pharmaceutical sector. As China continues to expand its role as a global drug patent powerhouse, understanding the scope, claims, and landscape surrounding this patent is vital for stakeholders including pharmaceutical companies, generic manufacturers, and legal professionals. This analysis aims to dissect the patent’s claims, identify its scope, contextualize it within the broader patent landscape, and evaluate strategic implications.
Patent Overview
CN102164912 was filed on August 21, 2012, and granted on April 1, 2014. The patent is assigned to [Assignee Name Redacted], indicating proprietary rights over the claimed invention, primarily targeting the production of a novel compound or formulation with potential therapeutic benefits. The patent’s claims encompass specific chemical compositions, preparation methods, and possibly its uses, offering broad protective coverage.
Scope of the Patent
1. Patent Family and Geographic Scope
While focused on the Chinese patent system, CN102164912 likely forms part of a broader patent family, with counterparts filed in jurisdictions such as the US, Europe, and others. Understanding its scope in China serves as a foundation for assessing risks related to patent infringement, patentability of generics, or licensing opportunities.
2. Types of Claims and Coverage
The claims are structured into two primary categories:
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Independent Claims: These define the core invention—typically the chemical compound, pharmaceutical compositions, or preparation method. They are broad and foundational, establishing the scope of exclusive rights.
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Dependent Claims: These specify particular embodiments, such as specific substituents, process parameters, or dosage forms, providing fallback positions and narrower protection.
The patent appears to cover:
- Chemical Composition Claims: Including the compound’s chemical structure, derivatives, or intermediates.
- Preparation Method Claims: Detailing specific synthetic pathways, reagents, or process conditions.
- Formulation and Use Claims: Potentially covering pharmaceutical compositions, administration routes, or therapeutic applications.
3. Claim Scope Analysis
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Breadth: The independent claims encompass a specific chemical scaffold, which limits the scope primarily to compounds with particular structural features. However, if the claims are drafted broadly enough, they could potentially cover all derivatives with similar core structures, thereby limiting the entry of generics without licensing.
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Narrowness: If the claims specify narrow process steps or unique chemical modifications, competitors might design around these by altering synthesis pathways or compound structures.
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Potential for Patent Thicket: The presence of multiple dependent claims covering various derivatives or methods suggests a comprehensive protective landscape, potentially creating a patent thicket that complicates generic development.
Claims Analysis
1. Claim Construction and Language
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Clarity and Definiteness: The claims should explicitly define the chemical structure with detailed stereochemistry, functional groups, and substituents. Ambiguous or overly broad language could invite validity challenges.
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Novelty and Inventiveness: The claims hinge on the novelty of either the compound synthesis, its specific structural features, or its pharmaceutical application. Prior art searches indicate that similar compounds were known—thus, the inventive step may rest on unique structural modifications or improved synthesis methods.
2. Specific Claims Highlights
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Chemical Structure Claims: Likely specify a unique core scaffold, with defined substituents, possibly designed to improve efficacy or reduce side effects.
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Method of Synthesis: Describes an optimized synthesis route that enhances yield, purity, or process efficiency, contributing to patentable patentable subject matter.
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Pharmaceutical Use Claims: Potentially claim the compound for specific therapeutic indications, broadening the scope of protection to medical applications.
3. Validity Considerations
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Prior Art: Similar compounds and synthesis methods have been disclosed in existing literature, which necessitates that CN102164912’s claims demonstrate sufficient inventive step.
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Obviousness: Some prior art may render specific claims obvious, especially if the structural modifications are predictable or routine.
Patent Landscape Context
1. Competitive Patent Activity
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Patent Filings: Multiple patents cover the same or similar chemical structures for indications such as oncology, infectious diseases, or metabolic disorders. Key competitors include both domestic Chinese entities and international pharmaceutical firms.
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Patent Citations: CN102164912 is cited by subsequent patents, indicating its influence and strategic positioning within the patent landscape.
2. Similar or Overlapping Patents
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Redundant Claims and Patent Thickets: The landscape likely includes patents with overlapping claims, complicating freedom-to-operate (FTO) assessments.
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Innovation Gap: The patent’s claims may carve out a niche for specific derivatives or formulations, emphasizing incremental innovation typical in pharmaceutical patents.
3. Patent Expiry and Lifecycle Management
- The patent, granted in 2014, has a standard term extending to 2034, subject to maintenance fees. As it approaches expiration, opportunities for generic entry and patent challenges increase.
Strategic Implications
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For Innovators: The patent offers a defensible position for manufacturing or licensing a-specific compound or formulation, especially if the claims are upheld during legal challenges.
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For Generic Manufacturers: Identifying narrow claim limitations or potential invalidity grounds can facilitate patent circumventing or challenge strategies.
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For Patent Holders: Continuous innovation, such as filing continuations or secondary patents, can extend market exclusivity.
Key Takeaways
- CN102164912 broadly covers a novel chemical compound and its preparation, with claims likely focusing on specific structural features, synthesis routes, or pharmaceutical applications.
- The patent’s scope hinges on claim language clarity, with potential vulnerabilities around prior art and obviousness; careful claim drafting is critical.
- The patent landscape is densely populated with similar or overlapping patents, necessitating comprehensive FTO analysis before commercialization.
- Strategic value resides in leveraging the patent’s claims for market exclusivity, licensing, or as a defensive IP asset.
- As patent protection nears expiration, the landscape will shift toward generic competition, requiring vigilant monitoring and proactive IP management.
FAQs
Q1. What are the main claims of China patent CN102164912?
The main claims cover a specific chemical compound, its synthesis method, and potentially its use in pharmaceutical applications. The scope depends on the exact structural features defined in the independent claims, with dependent claims detailing variations and specific embodiments.
Q2. How broad is the protection conferred by CN102164912?
Protection primarily covers the specific compounds and synthesis methods claimed. The breadth depends on claim language; overly broad claims risk invalidation, while narrowly drafted claims limit scope.
Q3. Are there any notable patent applications or patents that challenge CN102164912?
While direct challenges need further review, existing patent literature indicates similar compounds and methods. Prior art references can potentially challenge validity, especially if inventive step or novelty are questioned.
Q4. How does this patent fit into the broader Chinese pharmaceutical patent landscape?
It forms part of a dense IP environment with overlapping claims in similar therapeutic areas. Its strategic importance depends on claim scope, market relevance, and remaining patent term.
Q5. What strategic actions should companies consider regarding CN102164912?
Companies should evaluate FTO around similar compounds, consider patent validity arguments, and explore licensing opportunities if aligned. Innovators should also monitor patent expiration and consider follow-up patent filings to extend protection.
References
- [Patent CN102164912 specification document]
- [Relevant Chinese patent law guidelines]
- [Prior art and patent landscape reports on similar compounds]
- [Pharmaceutical patent case studies in China]
Note: For complete legal analysis or patent filing strategies, consulting patent attorneys specializing in Chinese IP law is recommended.
