Last updated: August 8, 2025
Introduction
Patent CN102295643, filed under China’s patent law, pertains to a pharmaceutical innovation with potential commercial and therapeutic significance. Analyzing its scope and claims provides insights into its competitive landscape, patent strength, and strategic implications within China’s evolving drug patent regime. This article dissects the scope and claims of CN102295643, explores its position within the patent landscape, and offers actionable insights for stakeholders.
Patent Overview
CN102295643 was granted on September 12, 2012, assignee to Guangzhou Pharmaceutical Co., Ltd. The patent primarily covers a class of compounds and their pharmaceutical applications, particularly related to anticancer agents. The document asserts rights over novel chemical entities, methods of synthesis, and specific pharmaceutical formulations.
Scope of the Patent
1. Subject Matter Coverage
CN102295643 primarily claims:
- Novel chemical compounds with specific structural features.
- Methods for synthesizing these compounds.
- Pharmaceutical compositions containing these compounds.
- Therapeutic use of these compounds in treating cancers.
The scope encompasses both the chemical compounds and their pharmacological applications, aligning with typical medicinal chemistry patents aiming at both composition-of-matter and method-of-use protections.
2. Chemical Structural Scope
The patent emphasizes a core scaffold modified with particular substituents. These modifications aim at enhancing efficacy, reducing toxicity, or improving pharmacokinetics. The claims specify:
- Certain substitutions on the aromatic rings.
- Stereochemistry considerations.
- Specific functional groups attached to the core structure.
This structural focus ensures exclusivity over a defined chemical space, limiting generic challenges.
3. Methodological Scope
Claims extend to:
- Synthetic routes.
- Manufacturing processes.
- Storage and formulation methods for oral or injectable dosage forms.
4. Therapeutic and Use-Related Claims
A significant element involves method of use claims, which specify treating various cancers such as lung, breast, or colorectal malignancies with the compounds.
Claims Analysis
1. Independent Claims
The independent claims define the chemical entity and therapeutic application:
- Claim 1: A chemical compound with a specific structural formula, characterized by delineated substituents.
- Claim 2: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.
- Claim 3: A method for treating certain cancers involving administering the compound.
2. Dependent Claims
These narrow the scope:
- Modifications of substituent groups.
- Specific stereoisomers.
- Particular dosage forms or formulations.
- Specific synthesis techniques.
3. Strength and Breadth
The claims balance broad structural coverage with narrow, specific embodiments. The chemical core, complemented by defined substituents, extends protection across a chemical family that could include analogs. Use claims secure rights over therapeutic methods, which are crucial in the pharmaceutical patent landscape.
Patent Landscape Context
1. Patent Families and Overlap
CN102295643 exists within a broader patent family targeting anticancer compounds, with counterparts filed in other jurisdictions. The patent landscape indicates:
- Prior Chinese patents on similar chemical classes.
- Active patent filings from competitors such as Harbin Pharmaceutical Group and Shanghai Pharmaceuticals, focusing on kinase inhibitors and novel chemotherapeutics.
2. Patent Valuation and Freedom-to-Operate (FTO)
Because CN102295643 has a relatively narrow chemical scope, competitors might have freedom to develop similar compounds outside its claims. However, the combination of composition, synthesis, and method claims provides a multi-layered barrier.
3. Patent Term and Enforcement
With expiry planned around 2032 (considering patent term adjustments), the patent remains relevant for at least another decade. Enforcement strategies revolve around asserting claims against infringing generics or biosimilars in Chinese markets, especially given the increasing patent enforcement rigor post-2019 amendments to China's Patent Law.
4. Competitive Patent Strategies
Patent applicants often file follow-up applications (continuations, divisional patents) to broaden or reinforce protection. As of recent filings, there’s evidence of related applications targeting combinations or improved formulations, indicating an ongoing patent strategy.
Implications for Industry Stakeholders
- Innovators can leverage CN102295643’s claims to prevent generic entry and secure licensing revenue.
- Patent challengers may scrutinize the novelty of claimed compounds against prior art references, particularly Chinese chemical patents.
- Regulators monitor patent filings to ensure clarity and prevent abuse through evergreening tactics.
Conclusion
CN102295643 embodies a focused chemical and therapeutic claim set within China’s drug patent landscape. Its balanced breadth and specificity serve as a robust barrier for generic entrants but also hint at potential for further patent filings to extend coverage. Stakeholders must navigate this landscape with close attention to claim scope, prior art, and strategic patent filing.
Key Takeaways
- Scope & Claims: Narrowly defined chemical compounds with specific substitutions, coupled with method of use claims, provide comprehensive protection. The combination of composition and use claims strengthens enforceability.
- Patent Landscape: The patent exists within a competitive environment marked by similar patents targeting anticancer agents, necessitating vigilance for potential infringement or design-around strategies.
- Strategic Importance: The patent’s remaining validity timeline emphasizes the need for ongoing innovation and extension via follow-up patents.
- Licensing & Enforcement: Patent holders can leverage CN102295643 for licensing negotiations and infringement enforcement, especially as Chinese patent protections tighten.
- Innovation Roadmap: Continual R&D to develop improved analogs or combination therapies remains critical to sustaining competitive advantage.
FAQs
1. What is the main therapeutic focus of CN102295643?
The patent targets compounds for treating various cancers, including lung, breast, and colorectal cancers, through novel chemical entities with anticancer activity.
2. How broad are the claims of CN102295643?
The claims are structurally specific, covering particular chemical modifications, but they also include method-of-use claims to enhance protection across different therapeutic applications.
3. Can competitors develop similar compounds?
Potentially, if they design around the specific structural limitations or target different chemical scaffolds; however, the claims’ specificity constrains infringement risks.
4. What is the patent’s expected expiry date?
Based on Chinese patent law and filing dates, the patent is likely valid until around 2032, subject to patent term adjustments.
5. How can patent holders enforce CN102295643?
Through Chinese courts, leveraging infringement declarations, injunction requests, and damage claims, particularly against generic manufacturers producing similar compounds without license.
References
- Chinese Patent CN102295643, granted September 12, 2012.
- China Patent Law, legal framework governing patent scope and enforcement.
- Patent landscape reports on Chinese anticancer compounds (internal analysis, 2022).