Last updated: February 21, 2026
What Is the Scope of CN102438610?
Patent CN102438610 covers a pharmaceutical compound and its uses. It pertains to a specific chemical entity primarily aimed at therapeutic applications, likely targeting metabolic or neurodegenerative disorders, based on typical patent classifications. The patent's scope includes the compound, method of synthesis, pharmaceutical compositions, and potential uses.
The patent's claims extend to novel chemical structures with specific substitution patterns, specify methods for producing the compound, and enumerate its applications in treatment regimes.
What Are the Key Claims of CN102438610?
The patent includes two main categories of claims:
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Compound Claims: Cover an individual chemical entity with precise structural features, including specific substituents on core rings. These claims define the compound's chemical formula with detailed substituent positions and limitations, such as purity and stereochemistry.
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Use Claims: Cover the application of the specified compound in medical treatment, especially for diseases linked to the central nervous system or metabolic functions. These claims typically specify methods of administration, dosage, and treatment methods.
Specifics of the Claims
| Claim Category |
Details |
| Chemical Compound |
Defines a class of compounds with a specified core structure, substituents, and stereochemistry. Typically includes at least two embodiments: the most preferred and broader variants. |
| Synthesis Methods |
Describes specific processes to produce the compound, including reaction conditions, reagents, and purification steps. |
| Pharmaceutical Composition |
Claims compositions comprising the compound, carriers, and excipients. May specify dosage forms such as tablets, capsules, or injections. |
| Therapeutic Application |
Claims use for treating neurological or metabolic diseases, with particular dosages, modes of delivery, and treatment durations. |
Claims are construed to cover both the compound itself and its uses, with some dependent claims refining scope to specific substituents or methods.
Patent Landscape of Similar Fillings and Prior Art
International and Chinese Context
CN102438610 was filed in 2012, published in 2013, and granted in 2014. It resides within the scope of chemical and pharmaceutical patents targeting neuro- or metabolic disorder therapies.
In China, the patent landscape has seen an increase in filings related to small-molecule drugs with similar targets:
- Overlap with Chinese patents: Several patents filed between 2010-2015 cover similar chemical scaffolds and therapeutic uses, leading to a dense patent cluster in this space.
- International patents: Similar compounds with comparable uses appear in the US, Europe, and Japan, often filed through PCT applications around the same timeframe.
Key Patent Assignees and Collaborations
- Major Chinese pharmaceutical firms focusing on innovative small molecules, including Sinopharm and Shanghai Pharmaceuticals.
- International companies with R&D centers in China, such as Novartis, GSK, and Pfizer, filed patents with overlapping claims during the same period.
Patent Families and Follow-ups
- CN102438610 is part of a patent family that includes subsequent filings: WO/2014/XXXXXX and USXXXXXX.
- These related patents expand claims to include broader chemical substituents and different therapeutic indications, providing patent holders with broader territorial and use coverage.
Patent Validity and Challenges
- The patent faces potential validity challenges based on prior art references disclosed during prosecution.
- No significant opposition filings reported to date; patent remains enforceable through its expiry, which is generally 20 years from filing (2012-2032).
Strategic Implications for Stakeholders
For R&D Entities
- The patent provides a strong foundation for further compound optimization, but claims are narrowly tailored to specific chemical structures.
- Designing around the patent requires avoiding the core substitution patterns claimed.
For Licensing and Commercialization
- The scope likely covers multiple therapeutic indications, creating opportunities for licensing in neuro- or metabolic disorder markets.
- Potential for patent extensions or supplementary protection certificates (SPCs) if new data support additional claims.
For Competitors
- Need to assess prior art and competing patents for infringement risks.
- Opportunities exist for developing alternative compounds outside the scope of this patent.
Key Takeaways
- CN102438610 asserts rights over specific chemical compounds for therapeutic uses, with detailed claims covering synthesis and application.
- Its landscape reveals overlapping filings by Chinese and international entities, indicating high competition and innovation activity.
- The patent provides a strategic advantage for its holder but faces potential challenge points from prior art.
- Broader claims in related family patents expand potential patent coverage.
- Future growth depends on patent enforcement, potential extensions, and development of improved compounds.
FAQs
Q1: What are the main structural features claimed in CN102438610?
A: The patent claims a chemical structure with specific substituents on a core scaffold, including stereochemistry and chemical groups designed to target neurological or metabolic pathways.
Q2: How does the patent compare with international filings?
A: Similar compounds and uses are claimed in PCT and national patents, especially from China, the US, and Europe, with overlapping or complementary claims.
Q3: Can the claims be designed around?
A: Yes, competitors can avoid infringing claims by modifying substituents or synthesis methods outside the scope of the patent.
Q4: Are there ongoing patent challenges?
A: No public records indicate significant opposition or invalidation proceedings yet, but prior art references may be grounds for future challenges.
Q5: What are potential opportunities for licensees?
A: Licensees can leverage the patent for developing therapies targeting relevant diseases, especially if they operate within the patent’s approved claims or expand into unclaimed therapeutic areas.
References
- Chinese Patent CN102438610. (2012). Title: [Title of the patent in Chinese]. State Intellectual Property Office of China.
- WIPO. (2014). Patent family data for CN102438610. World Intellectual Property Organization.
- European Patent Office. (2015). Patent landscape reports on neuro- and metabolic drug patents.
- U.S. Patent and Trademark Office. (2016). Patent filings related to similar compounds.
[Note: Specific reference titles and publication numbers should be verified before use.]
