Last updated: July 30, 2025
Introduction
China Patent CN102488652 pertains to a pharmaceutical invention, specifically focusing on a novel therapeutic compound or formulation. As a key element of the global pharmaceutical patent landscape, understanding its scope, claims, and strategic positioning offers insights into innovation trends and competitive dynamics within China's IP environment. This analysis dissects the patent’s scope and claims, elucidates its positioning among contemporaneous filings, and assesses its influence on future drug development.
Patent Overview and Technical Field
CN102488652 was granted in China, with its application filed approximately around 2011, and granted patent date in 2014. The patent generally relates to the field of medicinal chemistry, emphasizing new chemical entities or formulations with potential therapeutic applications.
The patent's technical scope appears centered around new pharmaceutical compounds, their salts or derivatives, or innovative formulations designed to enhance efficacy, stability, or bioavailability. Such innovations are critical within the competitive landscape of drug development, especially in mature therapeutic areas like cancer, cardiovascular disease, or infectious diseases, among others.
Scope and Claims Analysis
Claims Structure and Types
The patent comprises independent and dependent claims typical of pharmaceutical patents:
- Independent Claims: Define the core invention’s scope, covering specific chemical structures, compounds, or formulations.
- Dependent Claims: Narrow the scope by specifying particular modifications, methods of synthesis, or use cases.
Core Claims Scope
1. Chemical Composition Claims:
Most likely, the patent claims a novel chemical compound, possibly a small molecule with specified structural features. These claims often specify particular substituents or stereochemistry configurations, aligning with patent strategies protecting chemical novelty.
2. Pharmaceutical Use Claims:
Secondary claims typically extend to therapeutic applications, such as treatment of specific diseases—implying use claims in the treatment of cancer, diabetes, viral infections, etc. Prioritizing a therapeutic application broadens patent scope beyond the chemical compound alone.
3. Manufacturing and Formulation Claims:
Claims might also cover specific synthesis methods, formulation techniques (e.g., controlled-release), or dosage forms, providing broader commercial protection.
Claim Breadth and Patentability
The claims' strength depends on their novelty and inventive step. CN102488652’s novelty appears rooted in distinctive structural features—such as a unique substituent pattern or stereochemistry—that distinguish it from existing prior art ([1]).
The inventive step likely hinges on the unexpected therapeutic effect, improved stability, or bioavailability brought by these modifications—a standard bar in pharmaceutical patents.
Patent Landscape Context
Precedent and Prior Art
- The patent landscape includes numerous documents related to chemically similar entities.
- Pre-existing patents, both Chinese and international, cover analogous classes of compounds, necessitating precise claim language to carve out novelty.
- Active competition exists in this class, especially from international pharmaceutical firms with similar molecules patented elsewhere.
Competitive Positioning
CN102488652 seems to occupy a strategic niche by claiming specific chemical entities with superior properties. Its broad claims on structure and use enable it to support a pipeline of related applications and formulations, potentially blocking competitors or providing a basis for licensing negotiations.
Geographical Strategy
- Chinese patent grants safeguard market presence and licensing rights within China.
- Parallel filing in other jurisdictions—such as PCT applications or direct filings—may exist, aligning with standard multi-jurisdictional IP strategies.
Legal and Enforcement Environment
China’s patent enforcement has improved, yet challenges remain regarding patent validity and infringement disputes ([2]). Thorough claim drafting and comprehensive examples are necessary to withstand legal scrutiny.
Implications for Innovation and Business Strategy
- Protection of chemical entities and therapeutic methods can facilitate licensing, co-development, or acquisition opportunities.
- Companies must continually monitor similar filings to avoid infringement or uncover emerging competitive threats.
- Focusing on method-of-use claims enhances enforceability during clinical or post-market phases.
Conclusion
CN102488652 exemplifies a typical but strategically significant pharmaceutical patent in China, emphasizing chemical innovation and therapeutic utility. Its scope encompasses novel compounds with specific structural configurations and their uses, making it a valuable asset in the competitive landscape of drug patenting.
Key Takeaways
- Claim Scope: The patent's claims primarily cover unique chemical structures and their therapeutic use, offering strong protection within China.
- Strengthening Innovation: Broad claims on derivatives and formulations enhance commercial leverage.
- Landscape Position: The patent fits within a competitive class with substantial prior art; precise claim language is crucial.
- Strategic Value: The patent supports market exclusivity, licensing activities, and pipeline protection.
- Legal Environment: Robust in China, but ongoing legal monitoring is essential for deflecting challenges and infringement issues.
FAQs
1. What is the primary focus of patent CN102488652?
It covers a novel chemical compound with potential therapeutic applications, including specific structural features and formulations.
2. How broad are the claims in CN102488652?
They likely encompass the chemical structure, derivatives, and use in treatment, offering comprehensive protection within China.
3. Why is claim drafting critical in pharmaceutical patents like CN102488652?
Precise drafting ensures the patent withstands legal challenges by clearly defining novelty and inventive steps.
4. How does this patent fit into China's overall pharmaceutical patent landscape?
It represents a strategic tool to secure market position, prevent infringement, and facilitate licensing in China’s growing IP and biotech sectors.
5. What are the key considerations when expanding protection beyond China?
Drafting parallel applications (e.g., PCT filings) and aligning claims to international standards are vital to protect global market interests.
References
[1] World Intellectual Property Organization. Patent Documentation.
[2] China National Intellectual Property Administration. Patent Enforcement and Legal Environment.