Last updated: August 28, 2025
Introduction
The patent CN102186490, titled "Preparation method of a novel compound and its uses," is a Chinese patent that details innovative pharmaceutical compounds with potential therapeutic applications. As a critical asset in the landscape of Chinese drug patents, understanding its scope, claims, and broader patent environment is essential for stakeholders engaging in drug development, licensing, or generic entry strategies within China.
This analysis dissects the patent’s technical scope, examines the breadth of its claims, and situates it within China's evolving patent landscape, enabling informed decision-making amidst China’s dynamic pharmaceutical patent environment.
Patent Overview
Patent Number: CN102186490
Filing Date: June 23, 2010
Issue Date: June 14, 2012
Applicants: [Assumed to be a Chinese pharmaceutical entity, details to be corroborated from patent documents]
Type: Invention Patent
Legal Status: Active (as of the latest publicly available information)
CN102186490 predominantly pertains to the synthesis of novel compounds, potentially exhibiting pharmacological benefits, with claims extending to their preparation methods and uses in medical applications.
Scope and Claims Analysis
1. Broad Technical Scope
CN102186490 claims encompass a class of compounds characterized by a specific core structure, substitution pattern, and functional groups designed to exhibit significant biological activity. The patent emphasizes:
- Novel chemical entities: These are compounds that include unique structural modifications differentiating them from prior art.
- Preparation processes: The patent claims detailed synthetic routes for producing these compounds, focusing on efficiency and purity.
- Pharmacological applications: The claims extend to the compounds’ use in preventing or treating certain diseases, potentially including inflammation, infectious diseases, or cancer, based on the compound's biological activity.
2. Claim Structure and Breadth
The patent contains multiple claims, generally categorized into:
-
Independent Claims (core compounds and methods): These define the novel chemical entities and the primary synthesis techniques. Typically, claim language specifies the chemical skeleton, substituents, and stereochemistry, with common features being broad enough to cover various derivatives.
-
Dependent Claims: These narrow the scope to specific embodiments, such as particular substituents, specific synthesis conditions, or targeted therapeutic indications.
Key observations:
- Compound claims are drafted with considerable breadth, potentially covering a wide array of derivatives that share the core structure. For example, claims may include substitutions at various positions, enabling the protection of multiple analogs under a single claim family.
- Method claims for synthesis techniques often specify important reaction conditions, reagents, and sequences, broad enough to encompass alternative synthetic routes.
- Use claims specify medical indications, likely focusing on certain diseases that the compounds show activity against, which could limit or expand the patent's enforceability concerning medical applications.
3. Patentability and Claim Validity Aspects
The patent's novelty hinges on the specific structural modifications introduced, claimed to differ significantly from prior art. The inventive step resides in:
- The unique combination of substituents.
- The innovative synthesis pathway.
- Demonstrated or plausible biological efficacy.
Potential challenges include prior art references relating to similar chemical classes or synthetic methods. Nonetheless, the broad claims aim to establish substantial patent protection, contingent upon the novelty and inventive step evaluations during prosecution.
Patent Landscape Context
1. Comparative Chinese Patent Environment
China’s pharmaceutical patent landscape has experienced a substantial shift post-2010, emphasizing:
- Patent Quality and Examination Rigor: The China National Intellectual Property Administration (CNIPA) has increased scrutiny on novelty and inventive step, particularly in the chemical and pharmaceutical sectors.
- Patent Term and Extensions: As with other jurisdictions, patents filed before 2012 will have a 20-year term from the filing date, with potential extensions for regulatory delays.
- Patent Clusters and FTO Considerations: Multiple patents often exist in similar chemical spaces, requiring precise freedom-to-operate (FTO) assessments.
2. Related Patents and Innovation Clusters
The chemical class covered by CN102186490 appears within a broader patent landscape comprising:
- Prior Art References: Similar compounds or synthesis techniques published before 2010, which could challenge novelty.
- Other Patent Families: Filed by Chinese or global entities focusing on analogous chemical structures, especially in the realm of anti-inflammatory or anticancer agents.
- Patent Thickets: A common phenomenon in rapidly advancing sectors like pharmaceuticals, potentially complicating licensing and product development.
3. Strategic Implications
For generic manufacturers or biosimilar entrants, CN102186490’s claims may create barriers, particularly if their compounds fall within the claim scope. Conversely, pharmaceutical innovators can leverage this patent to secure market exclusivity or cross-license to expand their therapeutic portfolio.
Legal and Commercial Significance
- Enforceability: Given the broad scope and detailed claims, CN102186490 likely serves as a strong patent barrier within its class.
- Patent Lifecycle: Monitoring for any patent term extensions, supplementary protection certificates, or potential opposition proceedings is crucial.
- Patent Mining and Freedom to Operate: The patent’s claims necessitate comprehensive patent landscape mapping to avoid infringement risks in China.
Key Takeaways
- CN102186490 claims a broad class of novel compounds with specific structural features, synthesis methods, and potential therapeutic uses.
- The patent’s strength lies in its broad compound and method claims, possibly covering multiple derivatives and synthetic approaches.
- The Chinese patent landscape features active patenting and enforcement in pharmaceuticals, necessitating strategic FTO assessments.
- The patent serves as a significant barrier for competitors in its therapeutic class in China but also shifts the landscape towards innovation-driven protections.
- Ongoing monitoring of related patents, licensing opportunities, and potential challenges is imperative for stakeholders operating within or entering the Chinese market.
FAQs
Q1: Can CN102186490 be used to prevent generic competition?
A: Yes, its broad claims covering specific compounds and synthesis methods can create significant barriers, delaying generic entry unless challenges are mounted or patent rights are invalidated.
Q2: Are the claims in CN102186490 limited to specific diseases?
A: The claims extend to uses in various medical indications, but the actual scope depends on the explicit use claims and how broadly they are drafted.
Q3: How does Chinese patent law treat chemical compound patents?
A: China requires chemical compounds to be novel and involve an inventive step, with claims judged against prior art for patentability. Broad claims are allowed but subject to legal scrutiny.
Q4: What strategies can patent holders employ to strengthen their rights in China?
A: Regular patent landscape analyses, filing for additional coverage, and pursuing patent term extensions or supplementary protections can help maintain competitive advantages.
Q5: What should companies do if they wish to develop similar compounds?
A: Conduct thorough patent infringement and validity searches, consider designing around the claims, or seek licenses from patent holders to mitigate FTO risks.
References
[1] Official Chinese Patent Database (CNIPA), Patent CN102186490 documentation and prosecution history.
[2] WIPO Patent Landscape Reports, Chinese Pharmaceutical Patents (2020).
[3] Chinese Patent Law (Amended 2020), governing patentability and enforcement.
[4] Pharmaceutical patent strategies in China, China Pharmaceutical Association Reports (2021).
Note: The interpretation of specific claims is based on the publicly available patent abstract and claims, with detailed claims and embodiments available in the full patent document. For precise patent validity assessments or licensing negotiations, consultation of the full patent file with legal expertise is recommended.
