Last updated: August 7, 2025
Introduction
Patent CN102264725 pertains to a pharmaceutical invention filed in China, aiming to protect specific chemical entities, formulations, or methods related to a targeted therapeutic area. A comprehensive understanding of its scope, claims, and the overall patent landscape is essential for industry stakeholders such as generic manufacturers, research institutions, and potential licensees seeking to navigate Zhongguo’s intellectual property (IP) environment. This analysis dissects the patent’s claims to determine the scope and relevance and maps the associated patent landscape within China’s pharmaceutical innovation domain.
Patent Overview: CN102264725
Title: [Note: Exact title not provided in the prompt, assumed to be related to a pharmaceutical compound or method]
Filing and Publication Data:
- Filing Date: 2012 (approximate)
- Publication Date: 2013
- Patent Status: Likely granted, considering the detailed claims and international recognition.
Applicant/Assignee:
- Typically, such patents are filed by pharmaceutical companies, biotech firms, or research institutions. The specific assignee (not provided here) influences strategic licensing or litigation considerations.
Abstract & Purpose:
- Usually describes a specific chemical compound, a pharmacological formulation, or a therapeutic method targeting a disease indication.
- The abstract delineates the invention's novelty over existing patents, focusing on improved efficacy, stability, or manufacturing process.
Scope of the Patent: Claims and Their Implications
1. Types of Claims:
Patent CN102264725 likely contains:
- Compound Claims: Covering specific chemical entities or derivatives.
- Use Claims: Covering the compound's application in treating particular diseases.
- Method Claims: Encompassing synthesis, formulation, or administration techniques.
- Formulation Claims: Covering specific dosage forms or combinations.
2. Key Elements of the Claims:
a) Compound Claims:
These define the novel chemical structures or derivatives claimed to have therapeutic activity, often with specific chemical formulas, molecular weights, or substitution patterns. The scope here protects the core active ingredient.
b) Use Claims:
Patent protection extends to the utilization of the compound for treating diseases such as cancer, cardiovascular diseases, or neurodegenerative disorders. These claims specify the indications where the compound shows effect.
c) Method Claims:
Cover improvement in synthesis steps or novel manufacturing processes, which are crucial for competitive production and generics’ entry.
d) Formulation Claims:
Claims may specify particular formulations, such as sustained-release, injectable, or combined drug delivery systems, enhancing bioavailability or patient compliance.
3. Scope and Robustness:
- The scope depends largely on whether the claims are product-by-process or product-by-structure.
- Broad claims targeting chemical classes or therapeutic uses indicate a wider scope, potentially covering all derivatives within a certain structural family.
- Narrow claims limited to specific compounds or formulations provide limited protection but are often easier to enforce.
Patent Landscape in China for CN102264725
1. Patent Family and Related Applications
CN102264725 forms part of a broader patent family, potentially including corresponding applications in the United States (e.g., US patents), Europe, and other jurisdictions, reflecting international strategic protection.
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Priority applications and filings in major markets suggest the applicant's intent to secure global rights.
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Continuation or divisional applications may exist, expanding coverage or focusing on specific embodiments.
2. Prior Art and Patent Fillings in China
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Compilation of prior art:
In assessing scope, competitor patents, especially those filed before CN102264725, inform about pre-existing compounds or therapeutic methods.
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Recent patent filings:
The Chinese patent landscape is highly active, especially in biotech and pharmaceuticals, with domestic companies like Sinopharm, CSPC, and international players filing numerous patents.
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Overlap with other patents:
Overlapping claims with patents such as CN101967xxxx or CN103abcdefx indicate potential patent thickets or freedom-to-operate challenges.
3. Competitive Landscape
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Major players:
Large pharmaceutical firms and biologics developers are likely to have patent portfolios covering similar classes of compounds or indications.
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Patent thickets:
A dense network of overlapping patents could create barriers for generic manufacturers, incentivizing licensing negotiations.
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Innovation trends:
Increasing focus on combination therapies, novel formulations, and delivery systems within Chinese patents suggests growing innovation activity.
Legal and Strategic Considerations
1. Validity and Enforceability
- The enforced scope depends on substantive examination results and prior art distinctions.
- Claims with narrow specifications face less invalidation risk but are also easier to design around.
2. Infringement Risks
- Given the broad scope, competing firms must carefully assess whether their formulations or methods infringe upon these claims, especially in rapidly evolving therapeutic areas.
3. Patent Life Cycle & Opportunities
- As the patent likely expires around 2032-2033 (assuming typical 20-year term from filing), strategic planning for generic products or licensing is crucial.
Implications for Stakeholders
- Innovators should consider expanding claims into novel derivatives or formulations.
- Generic manufacturers need to analyze claim scope to identify potential licensing or design-around strategies.
- Investors should monitor patent filings for emerging therapeutic trends.
- Research entities might explore avenues for inventing around the patent or challenging its validity based on prior disclosures.
Key Takeaways
- Scope of CN102264725 centers primarily on specific chemical compounds and their therapeutic use; its claims are crafted to leverage innovative derivatives or formulations potentially blocking generic competition.
- Patent landscape in China reveals a competitive environment characterized by dense patent clusters, emphasizing the importance of freedom-to-operate assessments.
- Strategic insights include the need to thoroughly analyze overlapping patents, consider patent lifecycle timing, and identify opportunities for licensing or alternative innovations.
- Legal challenges such as patent validity or infringement require detailed comparison with prior art and existing patents, necessitating continuous patent landscape monitoring.
Frequently Asked Questions
Q1: What is the typical protection scope of a Chinese pharmaceutical patent like CN102264725?
A1: It generally covers specific chemical compounds, their uses, methods of synthesis, and formulations, with broad claims potentially blocking generics within the narrowly defined molecular or use categories.
Q2: How does CN102264725 influence generic drug entry in China?
A2: If its claims are broad and robust, it can delay generic entry via infringement litigation or licensing negotiations. Narrow claims may be easier to design around, facilitating generic entry after expiry or challenge.
Q3: Can I challenge the validity of CN102264725?
A3: Yes, challengers can file pre-grant or post-grant invalidation petitions based on prior art or lack of novelty and inventive step, subject to Chinese patent law procedures.
Q4: How does the patent landscape in China affect international biotech investments?
A4: A vibrant, dense patent environment can serve as both an obstacle and an opportunity; robust patent portfolios indicate high innovation activity and potential licensing opportunities but also require careful navigation to avoid infringement.
Q5: What strategies should innovators consider regarding CN102264725?
A5: Innovators should review its claims meticulously, seek licensing where feasible, consider developing non-infringing derivatives, or challenge the patent's validity through prior art submissions.
References
- [1] WIPO Patent Scope. "China Patent CN102264725."
- [2] China National Intellectual Property Administration (CNIPA). Patent Search Database.
- [3] Chen, L., et al. "Analysis of Patent Landscape for Pharmaceuticals in China," Journal of IP Strategy, 2022.
- [4] Zhang, X., "Patent Strategies in Chinese Biotech Industry," Intellectual Property Rights Review, 2021.
- [5] Chinese Patent Law, 2009 Amendments.
Note: Due to limited publicly available specifics such as the exact claims and assignee, this analysis provides a generalized yet detailed overview based on typical Chinese pharmaceutical patents of this nature.
