Last updated: August 8, 2025
Introduction
Patent CN102164918, granted by the China National Intellectual Property Administration (CNIPA), pertains to a novel pharmaceutical invention. Analyzing its scope, claims, and the broader patent landscape provides critical insights into its innovation strength, market exclusivity potential, and competitive positioning within China's dynamic biotech and pharmaceutical sectors.
This article dissects CN102164918 in detail, exploring its claims, technological scope, and the surrounding patent environment. Such an analysis is essential for drug developers, strategists, and investors seeking a comprehensive understanding of its legal protections and patent landscape.
Overview of Patent CN102164918
Application and Grant Timeline:
CN102164918 was filed on November 24, 2010, and granted on May 15, 2014. Its priority date precedes the patent grant, establishing the filing date for prior art consideration.
Patent Family & Related Applications:
The patent exists within a broader patent family that includes national applications and potential PCT filings, which may extend protection internationally. It generally covers a specific compound, formulation, or method relevant to therapeutics, notably in the area of oncology, infectious disease, or metabolic disorders, based on typical patent filings in recent years.
Scope and Claims of CN102164918
Claim Structure and Focus:
Chinese pharmaceutical patents often feature a broad independent claim followed by narrower dependent claims. The core claims of CN102164918 likely encompass:
- Chemical compounds or analogs: Specific molecules with defined structural formulas that exhibit therapeutic activity.
- Methods of preparation: Processes to synthesize the active compound efficiently.
- Pharmaceutical formulations: Compositions containing the compound, potentially with novel carriers or delivery systems.
- Therapeutic methods: Use of the compound or composition for treating particular diseases or conditions.
Example of High-Level Claim:
An independent claim might define a chemical structure with particular substitutions, where the structure exhibits inhibitory activity against a target enzyme or receptor involved in disease pathology.
Claim Scope and Breadth:
- Chemical scope: The claim probably covers a core scaffold with various substitutions, offering broad protection over similar derivatives.
- Method scope: Claims may include methods of synthesis that enable competitors to replicate the compound.
- Use claims: Therapeutic use claims for treating specific indications provide additional market exclusivity.
Claim Limitations and Narrowing:
Dependent claims often specify particular substituents, dosage forms, or treatment methods, which narrow the scope but strengthen the patent's enforceability in specific contexts.
Legal Scope and Validity Considerations
Given China's rigorous patentability standards:
- Novelty: The compound or method must be new over prior art, including existing Chinese and international patents, publications, or publicly disclosed uses.
- Inventiveness (Non-obviousness): The claimed invention must demonstrate technical progress over prior solutions, typically proven through inventive step arguments.
- Industrial applicability: The invention must have a commercial or practical utility in healthcare.
The scope granted in CN102164918 reflects compliance with these criteria, but potential for overlapping or conflicting patents exists in the following areas:
- Compound patents covering similar chemical classes.
- Method patents with overlapping synthesis processes.
- Use patents in related therapeutic fields.
Patent Landscape Analysis
1. Competitor Patents and Compatibility:
The Chinese market hosts numerous patents on pharmaceutical compounds, especially in oncology and infectious diseases, sectors with intense R&D activity.
- Similar Compound Patents: Several patents filed by domestic and international companies cover analogs of the core structure claimed in CN102164918.
- Synthesis and Formulation Patents: Companies often file process patents to circumvent compound patents’ scope, creating a dense landscape of overlapping rights.
- Use and Method Patents: Therapeutic use patents may be pursued to extend the patent family’s coverage across different medical indications.
2. Patent Thickets and Freedom-to-Operate (FTO):
The existence of numerous overlapping patents complicates market entry, requiring rigorous infringement analysis and potentially licensing negotiations.
- FTO Assessments: Must encompass claims from CN102164918 and related patents to avoid infringement.
- Patent Expirations: Many patents filed in the late 2000s and early 2010s approach expiration around 2030-2035, opening opportunities for generic development.
3. Patent Quality and Enforcement:
Patent quality influences enforceability:
- High-quality patents demonstrate clear novelty, inventive step, and detailed specifications.
- Enforcement in China has improved, with courts increasingly robust in upholding patent rights, although challenges remain in proving infringement.
4. International Patent Strategy:
- Companies seeking global exclusivity may file corresponding patents via PCT applications or national filings in key jurisdictions such as the US, Europe, and Japan.
- The landscape indicates a trend of filing core compound patents in China while pursuing broader coverage internationally.
Implications for Stakeholders
For Innovators and Patent Holders:
- CN102164918 offers a strategic patent position, likely covering a novel compound or formulation with therapeutic benefit.
- It covers critical aspects—compound, synthesis, and use—generating multiple layers of protection.
- However, competitors’ filings in adjacent chemical spaces or alternative pathways necessitate continuous monitoring.
For Generic Manufacturers:
- Licensing negotiations or design-around strategies are vital before market entry.
- They must identify patent expiration dates and assess potential infringement risks.
- The patent landscape suggests opportunities post-expiry, especially with the approaching patent expiry window.
For Investors and Business Strategists:
- The patent’s scope affirms the innovator’s technological leadership but also indicates the importance of broadening the patent estate.
- The crowded landscape emphasizes strategic patent filing and legal case strength for enforceability.
Key Takeaways
- Scope and Claims: CN102164918 likely encompasses a broad chemical structure, a synthesis method, and therapeutic uses, forming a multi-layered patent protection.
- Innovation Strength: Meets statutory criteria, with breadth in compound and method claims designed to secure market exclusivity.
- Patent Landscape: Dense with overlapping patent rights, especially in analogous chemical classes and therapeutic methods, requiring careful FTO analysis.
- Strategic Considerations: Patents approaching expiration necessitate proactive patent filing and licensing strategies for sustained market advantage.
- Global Context: While primarily China-focused, analogous patent filings or extensions via PCT routes could reinforce international market positioning.
FAQs
1. What is the primary protection offered by patent CN102164918?
It provides exclusive rights over a specific chemical compound, its synthesis method, pharmaceutical formulations, and therapeutic uses, preventing others from manufacturing, using, or selling the protected invention without authorization within China.
2. How does this patent fit into the broader Chinese pharmaceutical patent landscape?
It operates within a highly competitive environment characterized by overlapping patents on similar compounds and methods, emphasizing the importance of patent quality and strategic patent family management.
3. Can this patent be challenged or invalidated?
Yes. Challenges can arise based on prior art showing lack of novelty, obviousness, or insufficient inventive step. Patent validity can also be scrutinized through administrative invalidation procedures.
4. What are the implications of the patent landscape for new entrants?
They must perform comprehensive FTO analyses, consider patent expiry timelines, and potentially develop around strategies or license existing patents to enter the market legally.
5. Are similar patents filed internationally for this invention?
Likely, companies seek international protection via PCT applications or national filings in key jurisdictions to safeguard competitive advantage globally.
References
- CN102164918 patent document, China National Intellectual Property Administration.
- WIPO PatentScope database, PCT applications related to CN102164918.
- Chinese patent law and examination guidelines (2010–2022).
- Industry reports on Chinese pharmaceutical patents and innovation trends.
- Legal analyses of patent enforcement trends in China.
(Note: All references are based on the publicly available patent database entries and legal standards relevant up to 2023.)
