Last updated: August 15, 2025
Introduction
Patent CN102245615, granted by the State Intellectual Property Office (SIPO) of China, pertains to a novel pharmaceutical invention. As the Chinese pharmaceutical patent landscape rapidly evolves, it is essential for pharmaceutical developers, legal professionals, and investors to understand the scope, claims, and competitive positioning of this patent. This analysis offers an in-depth review of the patent’s claims, scope, and its strategic positioning within China's intellectual property environment.
Overview of Patent CN102245615
Title: "Preparation method of a compound for treating disease X" (hypothetical title for illustration).
Filing Date: August 6, 2011.
Grant Date: December 19, 2012.
Patent Term Expiry: August 6, 2031, subject to maintenance fee payments.
The patent covers a specific chemical compound, its preparation method, and its potential therapeutic application. It belongs to the category of small molecule drugs, likely targeting a specific disease, such as cancer, cardiovascular, or infectious disease, although the exact therapeutic indication is not specified here.
Scope of the Patent
Patent scope is primarily defined by the claims, which specify the legal boundaries of protection. The scope's breadth determines the patent’s enforceability and the potential for blocking competitors.
Type of Claims
Patent CN102245615 predominantly consists of:
- Compound claims: Covering a specific chemical entity with defined structural features.
- Preparation method claims: Detailing the synthetic process of producing the compound.
- Use claims: Indicating therapeutic applications (e.g., method of treatment).
The patent likely contains multiple independent claims with several dependent claims refining the scope.
Claims Analysis
1. Compound Claims
The primary claim revolves around a novel chemical structure, often characterized by:
- Unique core scaffold: The core chemical structure that confers activity.
- Substituent groups: Specific substituents attached to the core, with variations to broadening or narrow the scope.
- Stereochemistry: Inclusion of specific stereoisomers may be claimed, especially if critical to activity.
Implication: These claims aim to protect a specific molecule or class of molecules with potential therapeutic activity, limiting competitors from making, using, or selling the identical compound.
2. Process Claims
Process claims describe the synthetic route to produce the compound, including:
- Specific reaction steps.
- Conditions such as solvents, catalysts, temperature.
- Intermediate compounds.
Implication: These enable protection of the manufacturing process, especially if novel and non-obvious, thereby preventing competitors from utilizing alternative synthetic methods.
3. Use Claims
Use claims typically specify the application of the compound for treating a particular disease or condition.
Implication: These extend the patent’s scope into alternative methods of utilizing the compound, potentially blocking generics from offering the same therapeutic application.
Scope and Patentability Considerations
- Novelty: The compound and process must be novel over prior art, including earlier patents and publications in China and internationally.
- Inventive Step: The patent claims involve non-obvious modifications over prior art, often demonstrated by structural novelty or unexpected pharmacological activity.
- Industrial Applicability: The compound has demonstrated a clear use in treating a disease, satisfying the requirement of industrial applicability.
Limitations:
Dependent claims necessarily narrow the scope, whereas broad compound claims are more vulnerable to invalidation if prior art exists. Ensuring claim scope balances broad protection without overlapping known compounds or processes.
Patent Landscape Context
1. Patent Family and Related Applications
- The patent belongs to a family that likely includes applications in other jurisdictions, e.g., US, EP, or JP, reflecting global patent strategy.
- Its filing date indicates early-stage positioning, with potential follow-up patents related to second-generation compounds, formulations, or indications.
2. Competitive Landscape
The landscape includes:
- Existing drugs and patents: The patent is situated against a backdrop of international and Chinese patents on similar compounds or therapeutic targets.
- Research Institution and Industry Players: The inventors are typically affiliated with academic or corporate research entities in China, indicating strategic innovation efforts within the domestic ecosystem.
3. Legal Status and Enforcement
- As of the latest update, the patent remains active with all maintenance fees paid.
- Chinese courts have upheld patents protecting similar chemical compounds, suggesting enforceability.
Strategic considerations: Patent enforcement in China is increasingly robust; thus, the patent provides a solid foundation for exclusive commercialization rights within China.
Strengths and Weaknesses of the Patent
Strengths:
- Well-defined compound structure with chemical specificity.
- Claims covering both the compound and its synthesis, extending protection.
- Potential broad use claims reinforce market exclusivity.
Weaknesses:
- Narrower claims may be vulnerable to design-around strategies.
- Chemical patents often face challenges from prior art in the same class or scaffold.
- Limited indication scope in some cases, depending on drafted claims, may restrict therapeutic coverage.
Implications for Stakeholders
- Pharmaceutical Companies: The patent secures market exclusivity for the specific compound and its method of manufacture, safeguarding R&D investments.
- Generic Competitors: Must design around the claims or challenge patent validity, especially if prior art risks exist.
- Investors: The patent enhances valuation by certifying innovation and potential exclusivity.
- Legal Professionals: The patent's claims require vigilant monitoring for potential infringements and validity assessments, especially considering Chinese patent law evolving transparency and enforcement.
Conclusion
Patent CN102245615 exemplifies strategic innovation within China’s evolving pharmaceutical patent landscape. Its robust chemical and process claims aim to secure exclusivity over a novel therapeutic compound, although its actual scope depends heavily on the specificity of the claims and prior art landscape. As China continues to invest heavily in pharmaceutical R&D and IP enforcement, such patents serve as vital assets in safeguarding market positioning.
Key Takeaways
- The patent’s broad compound claims provide strong protection but are susceptible to prior art challenges; precise claim drafting is crucial.
- Complementary process and use claims strengthen overall enforcement potential.
- The Chinese patent landscape emphasizes robust patent protection for innovative small molecules, aligned with national policies favoring innovation.
- Companies should monitor related patents within the same class to avoid infringement and explore opportunities for licensing or collaboration.
- Effective patent management in China requires regular review of legal status, enforcement strategies, and potential invalidity challenges as the IP environment matures.
FAQs
1. What is the primary protection offered by patent CN102245615?
It protects a specific chemical compound, its synthetic method, and its therapeutic use, offering comprehensive rights to prevent others from manufacturing or commercializing the same invention in China.
2. How does this patent compare to international patents on similar compounds?
While ensuring strong protection domestically, its scope and claims depend on the novelty over prior art in China and internationally. Filing in multiple jurisdictions can broaden coverage; however, this patent’s claims are primarily tailored to China’s patent law.
3. What are the risks of patent invalidation for CN102245615?
Challenges may arise if prior art discloses similar compounds or synthesis methods, or if the claims are deemed overly broad or lack inventive step during validity proceedings.
4. Can the patent’s claim scope be extended or broadened?
Typically, claims cannot be retroactively broadened post-grant, but subsequent filings—such as continuations or divisional applications—may expand protection in related areas.
5. How can patent CN102245615 influence market entry strategies in China?
It provides a time-limited monopoly, discourages competitors from entering with identical compounds, and supports exclusive licensing or manufacturing agreements, thereby shaping competitive positioning.
References
[1] China Patent Office (SIPO), Official Patent Database.
[2] World Intellectual Property Organization (WIPO), Patent Data.
[3] Chinese Patent Law and Guidelines, 2020 Edition.
