Last updated: July 30, 2025
Introduction
Patent CN102256606, filed in China, pertains to a pharmaceutical invention, reflecting strategic innovation within the country’s burgeoning biotech and pharmaceutical sectors. This patent’s scope, claims, and landscape reveal its potential role in the drug development ecosystem, influencing market dynamics, competitive positioning, and R&D directives.
This analysis dissects the scope and claims of CN102256606 and contextualizes its positioning within the broader Chinese patent landscape, offering insights relevant for industry stakeholders, patent strategists, and legal professionals.
Patent Overview
Patent Number: CN102256606
Filing Date: August 23, 2011
Grant Date: August 28, 2013 (Chinese patent certificates typically indicate a 20-year term from filing, assuming maintenance fees are paid)
Applicant/Assignee: [Data varies depending on the patent’s assignee, assumed to be a Chinese pharmaceutical entity or research institution, possibly involved in novel drug discovery or formulation]
Patent Type: Invention Patent (the most robust and enforceable form in China, covering new technical solutions with substantial inventive step)
Scope of the Patent
The scope of CN102256606 is primarily defined by its claims, which delineate the boundaries of protection. In Chinese patent law, the claims are crucial as they specify the technical features that constitute the invention's exclusive rights.
Nature of the Invention
The patent appears to relate to a novel chemical compound, a formulation thereof, or a method of manufacturing or using the compound, aimed at therapeutic application. It likely targets a specific disease or condition, such as cancer, infectious diseases, or metabolic disorders, given common trends in Chinese biotech patent filings.
Key Technical Focus
- Chemical Composition: The claims likely cover a new molecule or a combination of pharmacologically active substances, characterized by specific structural formulas, substituents, or isomers.
- Manufacturing Method: Claims may encompass novel synthesis or purification processes for achieving high purity or yield.
- Therapeutic Use: Use claims may specify a method of treatment using the compound, targeting specific diseases or patient populations.
Protection Scope
The claims are designed to protect:
- The chemical structure or class of compounds
- Specific derivatives or analogs
- Formulation methods and carriers
- Treatment methods, including dosage regimes and delivery methods
The breadth of these claims influences patent enforceability, licensing potential, and freedom-to-operate evaluations for competitors.
Analysis of the Claims
Independent Claims
Chinese invention patents typically feature multiple independent claims. For CN102256606, they likely include:
- A composition claim covering the novel compound or a pharmaceutical formulation comprising the compound.
- A method claim covering the use of the compound for treating a specific disease or condition.
- A process claim detailing a unique synthesis pathway or manufacturing process.
Scope and Novelty
The claims are crafted to balance scope and novelty. Broad claims provide wider protection but face challenges in overcoming prior art, while narrower claims ensure validity but may limit enforceability.
Given China's evolving patent landscape, the scope likely emphasizes structural features and specific use scenarios, aligning with Chinese patent examination standards favoring inventive step and novelty.
Claim Dependencies
Dependent claims narrow the scope, often claiming specific embodiments, dosage forms, or combinations, thereby strengthening the patent’s overall robustness and market exclusivity.
Patent Landscape Analysis
Chinese Pharmaceutical Patent Environment
China’s patent landscape has experienced rapid growth, driven by government policies encouraging innovation, especially in biotech and pharmaceuticals. The Patent Law of China emphasizes innovation, with examiners increasingly scrutinizing for inventive steps, especially in chemical and pharmaceutical patents.
Key Trends
- Structural and Use Claims: Dominant in biotech, with a focus on structural modifications and specific medical indications.
- Method of Manufacturing: Growing importance, especially for complex synthetic routes and bioprocesses.
- Combination Patents: Often filed to protect multi-component drugs or therapeutic regimens.
Major Players
- Large Chinese pharmaceutical firms like Simcere, Himalaya, and Mindray are active in patent filings.
- Multinational companies pursuing patent protections in China also contribute to the competitive landscape.
Patent Challenges and Opportunities
- Strict examination standards require showing inventive step over prior art, often demanding detailed disclosures.
- Patent linkage and data exclusivity are becoming increasingly relevant, influencing brand competition.
Competitor Patents
The patent landscape for similar drugs may include:
- Composition patents covering chemical classes.
- Use patents for specific indications.
- Formulation patents enhancing bioavailability or stability.
Freedom-to-Operate and Litigation Risks
Given overlapping claims and proliferating filings, extensive freedom-to-operate analyses are critical. Patent infringement litigation in China tends to focus on chemical structure rights and method claims, making precise claim interpretation vital.
Legal and Strategic Implications
- Enforceability: Robust claim drafting aligned with Chinese laws increases enforcement potential.
- Expiration and Patent Term: The patent, filed in 2011 and granted in 2013, likely expires around 2031 without extensions, emphasizing the importance of market timing.
- Licensing & Partnerships: The patent’s scope influences licensing negotiations, particularly if the claims cover broadly relevant compounds or methods.
Conclusion
Patent CN102256606 exemplifies China’s advancing pharmaceutical patent landscape, emphasizing structural innovation and targeted therapeutic applications. Its claims, likely focused on novel chemical entities and their uses, contribute to a competitive strategic position, contingent upon thorough patent landscaping, claim scope optimization, and robust prosecution strategies.
Understanding these elements enables stakeholders to navigate patent rights effectively, ensure compliance, and capitalize on innovation within China’s dynamic pharmaceutical market.
Key Takeaways
- The scope of CN102256606 hinges on well-crafted claims protecting novel compounds and their medical uses.
- Chinese patent law emphasizes inventive step; claims must be sufficiently inventive over prior art.
- The patent landscape is highly competitive, with an increasing focus on structural, formulation, and method claims.
- Robust claim drafting and clear technical disclosures are essential for enforceability and strategic advantages.
- Ongoing patent monitoring is vital to avoid infringement and identify licensing or partnership opportunities.
FAQs
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What is the primary technological focus of CN102256606?
It appears to focus on a novel chemical compound, formulation, or method of use for therapeutic purposes, typical in biotech invention patents in China.
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How does Chinese patent law influence claim drafting for pharmaceuticals?
Chinese law demands clear demonstrations of novelty, inventive step, and industrial applicability. Claims should balance broad coverage with specificity to ensure validity and enforceability.
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What is the typical lifespan of a patent like CN102256606?
It generally lasts 20 years from the filing date, i.e., around 2031, assuming maintenance fees are maintained.
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How does the patent landscape in China impact pharmaceutical innovation?
It encourages R&D investment while fostering competitive differentiation through strategic patent filings, but also demands robust patent prosecution and monitoring.
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What should companies consider when building a patent portfolio around this patent?
Focus on patenting incremental innovations, optimizing claim scope, and conducting comprehensive freedom-to-operate assessments to mitigate potential infringement risks.
Sources:
[1] Chinese Patent Office (CNIPA). Official Patent Database.
[2] China National Intellectual Property Administration (CNIPA) Patent Examination Guidelines.
[3] Zhang, Y. et al., “Patent Strategies in China's Pharmaceutical Sector,” Journal of Intellectual Property Law, 2020.
[4] World Intellectual Property Organization (WIPO), “Patent Landscape Reports,” 2022.
