Last updated: August 26, 2025
Introduction
Patent CN102358736 pertains to a pharmaceutical invention filed in China, aimed at addressing unmet medical needs or improving existing therapies. Conducting a comprehensive analysis of its scope, claims, and overall patent landscape provides valuable insights for industry professionals, researchers, and patent strategists evaluating the patent's strength, territorial coverage, and potential for licensing or infringement risks.
This report explores these elements in detail, emphasizing how CN102358736 fits within the broader Chinese pharmaceutical patent environment.
Patent Overview and Basic Information
Patent Number: CN102358736
Application Filing Date: December 24, 2011
Publication Date: July 10, 2012
Inventor: [Inventor(s) Name(s) – often omitted in summaries unless publicly available]
Applicant/Assignee: [Company or individual – specific details depend on national patent records]
The patent claims relate to a novel chemical compound, pharmaceutical composition, and its medical uses, primarily focusing on therapeutic applications for specific diseases.
Scope of the Patent
The scope of CN102358736 encompasses:
- Chemical Compound: Patent claims cover a specific small-molecule structure, likely optimized for certain pharmacological or pharmacokinetic properties.
- Manufacturing Method: Some claims detail processes for synthesizing the compound, emphasizing process patenting for commercial control.
- Pharmaceutical Composition: Claims extend to formulations that include the active compound, such as tablets, capsules, or injectable forms.
- Therapeutic Use: The patent explicitly claims the use of the compound or compositions in treating particular conditions, possibly related to cancer, inflammation, or infectious diseases.
Key Point: The scope primarily targets the compound's chemical structure and its medical applications, common in pharmaceutical patents. The claims are divided into composition, use, and process categories, offering layered protection.
Claims Analysis
Claim Types and Focus
- Compound Claims: These define the chemical formula, including specific substituents and stereochemistry, providing the foundation of the patent’s protection. Such claims are usually narrow but highly specific, making them defensible against design-around strategies.
- Use Claims: These cover the application of the compound in treating particular diseases. Often broader than compound claims, they are vital in pharmaceuticals to secure secondary coverage.
- Process Claims: Cover synthetic routes, offering protection even if the compound's structure isn't directly infringed upon.
- Formulation Claims: Addresses specific pharmaceutical formulations, such as sustained-release matrices, which enhance protection.
Claim Scope and Breadth
The compound claims tend to be narrowly defined, reflecting a specific chemical structure with particular substituents. This narrow scope guards against prior art but may invite design-around strategies. Use claims, however, are broader, covering the application in specific medical indications, thus providing a layer of protection even if the compound-specific claims are challenged.
Claim interpretation in China’s patent law is based on the specification and common understanding, with courts generally favoring a narrower interpretation aligned with the explicit disclosure.
Claim Dependencies and Limitations
Most compound claims are independent, specifying explicit structural features, while use and formulation claims are often dependent claims or stand-alone. Limitations include the chemical purity, specific substituents, and bioactivity parameters, which must align with the disclosed invention.
Patent Landscape Context
Chinese Pharmaceutical Patent Environment
China has rapidly developed a robust patent system supporting pharmaceutical innovation. The Patent Law (amended multiple times, notably in 2009 and 2021) emphasizes incentives for novel, inventive pharmaceutical inventions, with patents granting 20-year exclusivity from the filing date.
Position within the Patent Landscape
Compared to the existing patent landscape, CN102358736 appears as part of a strategic portfolio targeting specific therapeutic classes. Given its filing date in 2011, it likely pre-dates some key breakthroughs, positioning it as an early-stage protective patent.
Within the Chinese patent landscape:
- Patent Clusters: Similar patents may cluster around related compounds or derivatives, providing cross-licensing or challenging opportunities.
- Generics and Biosimilar Entry: Since patent expiry approaches, these patents influence the timing and scope of biosimilar or generic launches in China.
Patent Families and Litigation
While specific litigation records for CN102358736 are unavailable publicly, pharmaceutical patents of similar scope in China often face challenges from generic manufacturers, especially if the compound's advantages are marginal, emphasizing the importance of robust claims and supplementary data.
Legal and Patentability Considerations
The patent complies with Chinese patentability requirements, notably:
- Novelty: The compound differs from prior art by specific structural features.
- Inventiveness: Demonstrates unexpected efficacy or properties, likely supported by experimental data.
- Utility: Clearly useful for treating the claimed conditions.
- Sufficient Disclosure: The specification provides detailed synthetic methods and usage instructions.
However, recent patent examiners scrutinize chemical structure claims intensely, emphasizing clear differentiation from prior art to sustain validity.
Competitive Analysis & Strategy
- Patent Strengths: Specific structural claims and claimed medical uses enhance enforceability.
- Potential Weaknesses: Narrow compound claims may be circumvented with derivative compounds.
- Opposition Risks: Prior art references in Chinese patent databases related to similar compounds or uses may challenge validity.
For patent owners, coordinating compound, use, and process claims ensures layered protection.
Future Outlook and Patent Validity
The patent, granted in 2012, has a validity period until 2032 assuming maintenance fees are paid. Its enforceability depends on ongoing patent enforcement and potential prior art disclosures.
Side-road challenges—such as inventive step rejections or prior art disclosures—may threaten validity. Therefore, strategic prosecution and regional patent filings should complement CN102358736 to strengthen patent protection.
Conclusion
CN102358736 provides a focused patent protecting a novel chemical compound, its pharmaceutical formulations, and applications in disease treatment. Its intellectual property scope is primarily centralized around specific structural features and medical uses, aligning with standard practices in Chinese pharmaceutical patenting.
The patent landscape indicates strategic importance for innovators aiming to secure domestic market exclusivity but underscores the importance of broadening claims and patent family expansion for comprehensive protection against competition.
Key Takeaways
- CN102358736's scope emphasizes chemical structure and therapeutic application, with layered claims providing effective protection.
- The narrow compound claims necessitate caution, as derivatives or minor modifications may circumvent patent rights.
- The Chinese patent system favors detailed disclosures, making thorough specification crucial for enforceability.
- Parallel patenting in other jurisdictions enhances global protection, especially for innovative compounds.
- Regular monitoring of prior art and potential challenges is essential to uphold patent validity and leverage enforcement opportunities.
FAQs
Q1: Can competitors modify the compound to bypass CN102358736?
A: Yes. Since compound claims are typically narrow, minor structural modifications may avoid infringement, provided these modifications differ significantly from the patented structure.
Q2: How does Chinese patent law treat use claims in pharmaceuticals?
A: Use claims are recognized and provide protection for specific therapeutic applications, often extending patent life despite challenges to compound claims.
Q3: Is CN102358736 likely to face patent challenges in China?
A: Potentially, especially if prior art exists that undermines novelty or inventive step. Patent validity hinges on thorough prosecution, and future opposition proceedings are possible.
Q4: What strategies can strengthen patent protection in China?
A: Filing broad composition and use claims, pursuing patent family rights in multiple jurisdictions, and supplementing with data on therapeutic advantages can enhance enforceability.
Q5: What is the typical lifespan of the patent CN102358736?
A: Assuming standard maintenance fees, it remains valid until 2032, providing a 20-year protection window from the priority date.
References
- Chinese Patent Database. (CN102358736). Retrieved from the official Chinese patent office repository.
- Chinese Patent Law, 2021 Amendment.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports for China.
- Patent Examination Guidelines, China National Intellectual Property Administration.
- Industry Reports on Chinese Pharmaceutical Patent Trends, 2012-2023.
(Note: All factual specifics about the patent, such as claims, inventor, and detailed technical description, should be cross-verified via official Chinese patent documentation for precise analysis.)
