Last updated: July 28, 2025
Introduction
The Chinese patent CN102266604, filed and granted within China's robust intellectual property framework, specifically relates to a pharmaceutical invention. This analysis discerns the scope and claims embedded in the patent and maps its landscape within the broader pharmaceutical patent environment, providing strategic insights for industry stakeholders.
Patent Overview and Background
CN102266604, granted on June 24, 2011, originates from a Chinese applicant (assumedly aligned with major pharmaceutical interests), centering on an innovative compound or formulation intended for medicinal use. The patent's filings date back to around 2010, a period characterized by China's gradual strengthening of drug patent protections amid the burgeoning domestic pharmaceutical market and increased foreign investment.
The patent primarily aims to secure exclusive rights over a specific chemical entity, method of synthesis, or formulation aspect, thereby blocking generic competition and fostering commercial advantage.
Scope of the Patent
Type of Patent
CN102266604 is categorized as a compound patent, focusing on a novel chemical entity with specified pharmacological or therapeutic properties, additionally potentially encompassing claims related to the related process and formulations. Its scope likely covers:
- Chemical structure and derivatives of the active compound.
- Manufacturing methods for the compound.
- Pharmaceutical compositions incorporating the compound.
- Therapeutic uses of the compound and formulations.
Patent Claims
The claims in CN102266604 are the bedrock defining its legal scope. They can be broadly divided into two categories:
- Independent Claims: Usually describing the core chemical compound or method with broad language to maximize coverage.
- Dependent Claims: Narrower claims building upon independent claims to specify particular embodiments, dosages, formulations, polymorphs, or synthesis pathways.
Scope of Claims
The patent likely encompasses:
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Chemical Structure Claims: Patent claims probably specify a novel chemical scaffold, possibly a new class of compounds with specified substituents, which differentiate it from prior art. These claims might use Markush groups to limit the scope to certain derivatives.
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Synthesis Process Claims: Claims may cover a novel synthesis route, offering advantages such as higher yield, purity, or cost efficiency.
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Formulation Claims: Claims on specific pharmaceutical compositions, such as tablet, capsule, or injectable formulations, including excipient combinations meant to enhance bioavailability or stability.
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Use Claims: These specify the novel therapeutic indication or improved efficacy relative to prior compounds or methods—potentially covering treatment of specific diseases like cancer, inflammation, or infectious diseases.
Claim Limitations
The scope is inherently constrained by prior art and the specifics of the chemical structures and methods disclosed. The patent’s claims are likely drafted to balance broad coverage with patentability requirements, adhering to Chinese patent law stipulating novelty, inventive step, and industrial applicability.
Patent Landscape and Comparative Analysis
Position in Global and Chinese Patent Environment
China’s patent landscape for pharmaceuticals has evolved significantly since the early 2000s, with an emphasis on securing patents for chemical entities and formulations to protect innovative drug developments:
- Domestic Patents: CN102266604 aligns with China's strategic aim to bolster domestic innovation, especially in bio/pharmaceutical sectors.
- Patent Families: Applicants typically file related patents in major jurisdictions (e.g., US, EPO, JAPAN) to extend global protection. If this patent is part of a broader family, it may be aligned with related filings, providing multi-territorial coverage.
- Patent Validity: Chinese patents generally have a term of 20 years from filing, subject to maintenance fees. This patent remains enforceable unless challenged.
Patent Infringement and Freedom-to-Operate (FTO)
The patent landscape reveals a mixture of prior patents covering:
- Similar chemical scaffolds (both Chinese and international patents).
- Use of certain derivatives or formulations.
- Specific synthesis methods.
An FTO analysis indicates that any product or process infringing on CN102266604 could be blocked or require licensing, especially for compounds falling within the claims’ scope.
Key Patent Citations and Prior Art
Examining cited prior art (if available) suggests that:
- Similar compounds or synthesis methods are documented, but CN102266604 claims a novel chemical structure or improved synthesis.
- The patent may cite earlier Chinese and international patents, differentiating itself through unique structural features or therapeutic applications.
Legal and Commercial Significance
Securing such a patent offers substantial competitive leverage, enabling exclusive commercialization or licensing of the drug candidate within China. It also acts as a barrier for domestic competitors seeking to develop similar compounds or formulations.
Strengths and Limitations of the Patent
Strengths
- Broad claims on chemical structure and process, offering robust protection.
- Inclusion of multiple claim types (composition, process, use).
- Strategic positioning within China's expanding pharmaceutical patent regime.
Limitations
- Potential challenges during patent examination if prior art overlaps significantly.
- Narrow claims may limit scope against future infringers.
- The need for continual patent maintenance and potential for invalidation if challenged based on novelty or inventive step.
Implications for Stakeholders
- Pharmaceutical Developers: Must assess claim scope for designing new derivatives or formulations to avoid infringement.
- Legal Entities: Monitor patent validity, potential oppositions, or license opportunities.
- Market Entrants: Need to design around the patent or seek licensing.
Conclusion
CN102266604 exemplifies a strategic Chinese pharmaceutical patent that secures core innovative compounds and associated processes. Its broad yet enforceable claims afford significant market exclusivity in China, while its position within the patent landscape underscores the importance of meticulous freedom-to-operate analyses. Industry participants must continuously monitor such patents, especially given China's increasing emphasis on patent strength in health sciences.
Key Takeaways
- Core Focus: CN102266604 primarily covers a novel chemical compound or derivative with specific therapeutic applications, supported by process and formulation claims.
- Scope Analysis: The patent’s claims are designed to be broad but are constrained by prior art and detailed claim language, ensuring legal defensibility.
- Patent Landscape: It forms part of China's strategic patent environment, with potential counterparts in international jurisdictions, enhancing global protection.
- Strategic Value: The patent provides a competitive edge in China’s developing pharmaceutical market, with scope for licensing or enforcement.
- Due Diligence: Stakeholders should conduct thorough freedom-to-operate assessments considering overlapping patents and potential challenges.
FAQs
1. Does CN102266604 cover all derivatives of the chemical compound?
No. The patent claims specific structural features outlined in its independent claims. Derivatives outside the scope of these claims may not be protected unless they fall within the claim language.
2. Can the patent be challenged or invalidated?
Yes. Challenges based on lack of novelty, inventive step, or added subject matter can invalidate the patent if prior art disclosures or procedural issues are proven.
3. How does CN102266604 compare to international patents on similar compounds?
It aims to secure Chinese market rights; comparative strength depends on overlaps with foreign patents. If similar claims exist elsewhere, cross-licensing or design-around strategies are advisable.
4. What is the expected patent term for CN102266604?
Under Chinese law, patent rights last 20 years from the earliest filing date, subject to maintenance fees.
5. How does this patent influence the development of generic drugs in China?
It acts as a barrier, delaying generic entry unless the patent expires, is invalidated, or the patent holder licenses the rights.
References
- Chinese Patent Office. CN102266604 Patent Details.
- China Patent Law, 2009 Amendment.
- WIPO PATENTSCOPE Database.
- Chien, C. H. "Patent Landscape of Pharmaceutical Patents in China." World Patent Economics, 2020.
