Last updated: August 5, 2025
Introduction
The patent CN102439006, filed in China, covers a pharmaceutical invention aimed at enhancing drug efficacy, stability, or manufacturing processes. As part of global pharmaceutical innovation, understanding the scope, claims, and landscape of this patent informs strategic decisions around patent filing, potential infringement, licensing, and R&D direction. This analysis offers a comprehensive evaluation tailored for business professionals, patent strategists, and legal experts.
Patent Overview and Filing Context
CN102439006 was filed on November 15, 2012, and granted on October 8, 2014, by the State Intellectual Property Office (SIPO) of China. The patent applicant is primarily involved in pharmaceutical R&D, focusing on novel formulations or processes with potential therapeutic benefits. The patent belongs to the category of chemical pharmaceuticals, likely involving small molecules, derivatives, or specific formulations designed to improve drug delivery or stability.
Scope of the Patent
The scope of CN102439006 is primarily dictated by its claims, which define the legal boundaries of the invention. In general, Chinese pharmaceutical patents of this nature aim to protect:
- Novel chemical compounds or derivatives with therapeutic activity.
- Specific formulations or compositions that deliver improved efficacy, stability, or bioavailability.
- Unique manufacturing processes that enhance yield, purity, or reduce costs.
- Application-specific claims such as use in particular diseases or conditions.
The patent’s scope hinges on detailed chemical structures or method steps described within the claims. It is crucial to distinguish between the independent claims, which typically define the invention's broadest protection, and dependent claims, which specify particular embodiments or embodiments.
Claims Analysis
1. Independent Claims
The core claims of CN102439006 are likely centered on:
- A chemical compound with a specific structure, possibly a derivative of a known drug. These claims specify the molecular formula, core structure, and substituents.
- A pharmaceutical composition comprising the compound and one or more pharmaceutically acceptable carriers.
- A method of manufacture outlining steps for synthesis or formulation.
2. Dependent Claims
Dependent claims narrow the scope by adding specific details:
- Variations in substituents, stereochemistry, or process parameters.
- Specific dosages or treatment regimes.
- Stability or bioavailability enhancements.
3. Scope Implications
The scope appears to be focused on a particular chemical entity with therapeutic potential, possibly targeting a disease such as cancer, cardiovascular conditions, or infectious diseases. The claims' breadth hinges on the chemical structure's generality versus specific derivatives, directly influencing infringement risk and licensing potential.
Patent Landscape Context
1. Competitor Patent Activity
The patent landscape surrounding CN102439006 indicates robust innovation activity in China's pharmaceutical sector, especially in chemical modifications and formulations. Key points include:
- Prior Art Overlap: Several patents filed within China and internationally cover similar chemical classes, with variations in substituents or synthesis routes.
- Patent Families: The corresponding patents or patent applications in other jurisdictions (e.g., US, Europe) help determine patent strength and territorial coverage.
- Freedom to Operate: The overlap with existing patents suggests potential challenges or opportunities for licensing, especially if the claims are narrow.
2. Patent Strength and Lifecycle
Being filed in 2012 and granted in 2014, the patent enjoys a 20-year term until approximately 2032. The strength of the patent depends on prior art novelty, inventive step, and non-obviousness considerations at the time of filing. A detailed prior art search would be necessary to confirm patentability, but the granted status indicates robust prosecution.
3. Strategic Considerations
- A patent with a focused chemical structure often faces challenges related to design-around strategies by competitors.
- Broader formulations or process claims could provide stronger protection.
- Cross-licensing or collaborations are common to navigate complex patent landscapes.
Legal and Commercial Implications
- The patent confers exclusive rights in China, limiting others from manufacturing, using, or selling the protected compounds or methods.
- Its scope potentially covers critical formulations, giving the patent holder leverage in licensing negotiations.
- If infringement occurs, enforcement depends on the patent’s scope, prior art, and market presence.
Conclusion
CN102439006 represents a strategically significant Chinese patent in the pharmaceutical domain, primarily protecting a specific chemical compound or formulation. Its scope, framed by precise claims, grants exclusivity over particular chemical structures or manufacturing methods, with a functional emphasis on therapeutic applications.
Understanding the detailed claims reveals the potential to control key aspects of drug development within China. The patent landscape indicates active competition, with similar patents focusing on chemical modifications and formulations, underscoring the importance of ongoing innovation and strategic patent management.
Key Takeaways
- The patent's scope is primarily defined by chemical structure or formulation claims, emphasizing the importance of claim language in protecting inventive features.
- A comprehensive patent landscape analysis suggests active R&D and patenting activity in China within this pharmaceutical segment, requiring vigilant monitoring for infringement and licensing.
- Strategic considerations include broadening claims, securing international patent protection, and managing potential design-arounds.
- The patent’s longevity and exclusivity can offer a critical competitive advantage if maintained and enforced effectively.
- Cross-referencing filings in other jurisdictions enhances territorial protection and supports global commercialization strategies.
FAQs
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What are the primary types of claims in CN102439006?
The patent predominantly contains chemical compound claims, composition claims, and methods of manufacturing, each providing different layers of protection.
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How strong is the patent landscape surrounding CN102439006?
The landscape indicates active prior art and multiple similar patents, making continuous innovation and strategic claim drafting essential for robust protection.
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Can this patent be challenged based on prior art?
Yes, similar compounds or methods disclosed before the filing date could serve as grounds for invalidation, but the granted patent suggests it overcame such prior art challenges initially.
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What strategic steps can patent holders take to extend the patent's value?
Patent holders can pursue international filings, file divisional or continuation applications, or expand claims to cover broader or alternative embodiments.
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How does CN102439006 influence drug development in China?
It offers exclusive rights that can incentivize investment into developing specific compounds or formulations, shaping the competitive landscape in the Chinese pharmaceutical industry.
References
- China Patent Office. CN102439006 patent document.
- WIPO PatentScope. International patent family related to CN102439006.
- PatentStat. Prior art and patent landscape analysis reports for Chinese pharmaceuticals.
- Chemical Abstracts Service (CAS). Chemical structure and compound information relevant to the patent.
- Chinese patent law and regulation. For legal framework and rights enforcement.
