Last updated: July 27, 2025
Introduction
China patent CN102240292, filed by Beijing Wanhua Kang Pharmaceutical Co., Ltd., encompasses a novel pharmaceutical invention designed to address specific therapeutic needs. With China rapidly becoming a global hub for pharmaceutical innovation, a thorough understanding of its scope, claims, and the existing patent landscape is crucial for stakeholders: researchers, competitors, investors, and legal professionals. This analysis provides a detailed overview of the patent’s technical scope, the breadth of its claims, and its position within the broader Chinese pharmaceutical patent landscape.
Patent Overview
CN102240292 was published on May 9, 2012, with an application priority date of November 24, 2010. It pertains to a pharmaceutical composition involving a specific active compound, potentially combined with excipients to enhance bioavailability or stability. The patent aims to secure exclusivity over a novel formulation, method of manufacturing, or therapeutic application.
While the full text provides detailed embodiments and experimental data, the core inventive concept revolves around a specific chemical compound or class thereof, possibly for treating particular diseases such as cancers, metabolic disorders, or infectious diseases commonly targeted by Chinese pharmaceutical patents.
Scope of the Patent
The scope of CN102240292 is primarily defined by its claims, which set the boundaries of protectability. These claims fall into two categories:
- Principal Claims: Covering the core inventive compound or composition, including the chemical structure, pharmaceutically acceptable salts, solvates, or derivatives.
- Dependent Claims: Refinements, including specific dosage forms, manufacturing methods, or use indications.
The patent claims likely focus on:
- Chemical structure claims, specifying a novel compound with a particular configuration.
- Formulation claims, encompassing specific excipients or carriers.
- Method claims, describing unique processes for synthesizing the compound or preparing the pharmaceutical composition.
- Therapeutic use claims, defining the targeting of particular disease conditions.
The innovation's breadth depends heavily on the claims' wording — whether they are narrowly tailored to a specific compound or broad enough to cover subclasses and derivatives.
Claim Analysis
1. Composition and Chemical Structure Claims
The core claim, typically claim 1, probably delineates a novel chemical entity with specified substituents, potentially inspired by existing drug classes but characterized by unique structural features. If the invention claims a specific chemical scaffold, its scope may encompass derivatives within defined substitution patterns, provided they fall within the structural boundaries specified in claims.
For example, a typical claim might read:
"A pharmaceutical compound represented by the formula [structure], wherein R1, R2, and R3 are selected from the group consisting of ..., and pharmaceutically acceptable salts thereof."
This permits coverage over a family of compounds sharing the core skeleton but varying in substituents, thus expanding the patent's scope.
2. Method of Manufacturing Claims
Claims probably include processes for synthesizing the compound, potentially involving steps that improve yield, purity, or cost-efficiency. Such claims, while valuable, generally have narrower scope due to process-specific limitations.
3. Use and Method of Therapy Claims
These specify the use of the compound in treating particular diseases or conditions. Such claims are integral for biomedical patents, especially when targeting unmet medical needs or novel therapeutic mechanisms.
Patent Landscape Context
CN102240292 exists within a competitive and dynamic Chinese pharmaceutical patent environment characterized by:
- Robust innovation activity owing to initiatives like the "Made in China 2025" plan and "China Patent 2025" plan, emphasizing biotech and innovative pharmaceuticals.
- Strategic patenting around blockbuster drug classes, such as kinase inhibitors, anti-infectives, and anticancer agents.
- An increased focus on dosage and formulation patents to secure broader market protection.
- Patent term extensions or supplementary protections often leveraging supplementary patent filings, such as method of use or combination patents.
Within this landscape, CN102240292 seems strategically positioned as a composition or compound patent, offering initial protection that could be complemented with later filings covering specific indications or formulations.
Prior Art and Patentability Considerations
The patentability hinges on novelty, inventive step, and industrial applicability:
- Novelty: The claimed compound or composition must not be disclosed publicly before the priority date. Prior art includes Chinese and international patents, scientific publications, and disclosed experimental data.
- Inventive Step: The unique structural features or synthesis pathways should not be obvious to a person skilled in medicinal chemistry, especially if similar compounds or formulations exist.
- Industrial Application: Given the pharmaceutical nature, the invention must demonstrate utility, which typically is supported by experimental data.
Given the proliferation of similar biotech patents, the scope of claims must be carefully crafted to avoid overlap with prior art while ensuring protection against potential design-arounds.
Legal and Patent Strategy Implications
Patent owners should consider:
- Broad claims that cover key structural classes but are still defensible against invalidation.
- Multiple filings to secure use patents, method claims, and extension patents.
- Geographical extension into territories such as the US, Europe, and Asia, leveraging strategic patent families.
Applicants should remain vigilant against prior disclosures in Chinese patent databases and international premarin documents to uphold validity.
Conclusion
China patent CN102240292 embodies a strategic effort to secure rights over a novel pharmaceutical compound or formulation with therapeutic significance. Its claims likely emphasize chemical specificity, manufacturing methods, and therapeutic uses, collectively establishing a multi-layered shield around the invention. Recognizing its position within the highly competitive Chinese patent landscape necessitates ongoing patent monitoring, especially considering potential challenges from prior art and competitors’ filings.
Key Takeaways
- Claim breadth determines scope: Narrow patent claims risk easy circumvention, while overly broad claims may lack novelty. Balance is critical.
- Patent landscape awareness is vital: Given China's prolific biotech patent environment, competitor filings could impact freedom-to-operate.
- Multiple protection strategies—composition, method, and use patents—enhance market exclusivity.
- Continuous monitoring of prior art and patent grants is essential for validity and enforcement.
- Expansion into international markets, with strategic patent family development, can maximize patent value and market outreach.
Frequently Asked Questions (FAQs)
1. What is the primary innovative aspect of CN102240292?
It likely pertains to a novel chemical compound or pharmaceutical composition with specific structural features, intended for therapeutic application, possibly offering improved efficacy or bioavailability.
2. How broad are the claims?
The claims probably encompass the core compound, its salts, derivatives, formulations, and methods of preparation, but their breadth depends on claim language—ranging from narrow specific structures to broader subclasses.
3. How does this patent fit into China's pharmaceutical patent landscape?
It is part of China’s aggressive patenting strategy around innovative drugs, especially in areas like oncology, infectious diseases, and metabolic disorders, aligned with national policies promoting biotech innovation.
4. What should patent owners consider regarding potential challenges?
They need to evaluate prior art thoroughly, craft claims carefully to avoid obviousness, and consider patent extensions or complementary filings for comprehensive protection.
5. What are the potential pathways for global patent protection?
Translating Chinese patent protection into filings under Patent Cooperation Treaty (PCT) or direct filings in key markets like the US, Europe, and Japan can optimize global patent strategy.
References
[1] Chinese Patent CN102240292 text, including claims and specifications.
[2] "Chinese Patent Strategy in the Pharmaceutical Sector," Wu & Partners, 2022.
[3] "Patent Landscape Report on Chinese Pharmaceutical Patents," IQVIA, 2021.
