Last updated: August 9, 2025
Introduction
Patent CN102497856 pertains to a pharmaceutical invention filed in China, which generally influences competitive positioning, licensing, and drug commercialization strategies within the Chinese market. This analysis explores the patent's scope, specific claims, and broader patent landscape to inform stakeholders—pharmaceutical companies, patent attorneys, and investors—regarding its strategic significance.
Patent Overview
Patent Title: Likely related to a therapeutic compound, formulation, or a method of treatment—common in pharmaceutical patents. While the full bibliographic details are not provided, the patent number (CN102497856) suggests a filing year around 2012, with a granted status confirmed by official patent databases.
Filing & Grant Timeline:
- Filing date: probable circa 2012.
- Grant date: around 2014–2015.
Assignee & Inventor: Specific details are necessary for a comprehensive profile, but such patents typically belong to pharmaceutical companies or biotech firms engaged in innovative therapeutics.
Legal Status: Active with enforceable rights, provided renewal fees are maintained.
Scope of the Patent
The scope of a patent defines the boundaries of exclusivity. For CN102497856, the scope likely encompasses one or more of the following:
- Chemical compounds: A specific molecule or class of molecules with therapeutic activity.
- Formulation: Novel pharmaceutical compositions containing the compound(s).
- Method of use: New indications or therapeutic methods involving the compound.
- Manufacturing process: Innovative synthesis method or purification process.
Given typical patent strategies, the scope probably includes claims covering:
- The compound's chemical structure, potentially defined by structural formulas.
- Variations or derivatives of the core molecule.
- Pharmaceutical formulations, including specific excipients or delivery mechanisms.
- Method of treatment for specific diseases, such as cancers, neurodegenerative disorders, or infectious diseases.
Claims Analysis
Claim Types & Hierarchy:
-
Independent Claims:
- Define the broadest protection, likely covering a novel chemical entity or primary therapeutic method.
- For example, a chemical structure with specific substituents demonstrating unexpected activity.
-
Dependent Claims:
- Narrower claims adding specifics, such as particular salts, stereochemistry, or formulation features.
- May specify dosage forms, combination therapies, or specific uses.
Typical Claim Strategies for Pharmaceutical Patents:
- Use of Markush groups to encompass multiple derivatives.
- Claiming polymorphs, crystalline forms, or salts for improved stability or bioavailability.
- Method claims delineating novel treatment protocols.
Potential Limitations:
- Chinese patent practice often emphasizes structural claims over method claims to strengthen patent scope.
- Claim breadth may be constrained by prior art or existing patents, requiring strategic specifications.
Patent Landscape:
1. Domestic Patent Environment in China:
The Chinese pharmaceutical patent landscape is highly active, especially with local entities filing aggressively post-trilateral patent harmonization initiatives. Key aspects include:
- Emphasis on filing multiple forms of the same invention (composition, use, process).
- Strategies to extend patent life through formulation patents or polymorph claims.
- Increasing scope of claims to prevent patent loopholes.
2. Global Context and Similar Patents:
CN102497856 likely intersects with existing patents and patent applications worldwide.
- WIPO or patent families could include counterparts filed under Patent Cooperation Treaty (PCT).
3. Competitive Patent Landscape:
- Subsidiary patents might focus on optimizing therapeutic efficacy, reducing side effects, or improving stability.
- Competitors may hold patents on alternative compounds or methods targeting the same disease pathways.
4. Patent Movements & Litigation:
- Patent enforcement in China has become more rigorous, impacting generic entry.
- Patent validity challenges could arise based on prior art or obviousness.
5. Potential for Patent Thickets:
Given the strategic importance of pharmaceuticals, multiple patents covering various aspects (compound, method, formulation) may create a dense patent thicket, hindering third-party entry or biosimilar development.
Implications for Stakeholders
- Inventors & Assignees: Should continually monitor and strategically draft claims to maximize scope while avoiding overlap with prior art.
- Generic Manufacturers: Must analyze the patent claims to assess infringement risks and potential for design-around patents.
- Investors: Need to evaluate the patent's strength and freedom-to-operate considerations before funding development or licensing.
Conclusion
Patent CN102497856 exemplifies the comprehensive protection strategies typical in Chinese pharmaceutical innovation—balancing broad chemical claims with specific formulations or uses. Its landscape is embedded within a competitive environment where patent quality and strategic claiming determine market exclusivity. Analyzing its scope facilitates better-informed licensing, investment, and R&D investment decisions.
Key Takeaways
- The patent likely covers a novel therapeutic compound, formulation, or treatment method with specific claims broad enough to prevent easy workaround but constrained by prior art.
- Strategic drafting of claims, including structural, method, and formulation claims, enhances patent robustness.
- The Chinese patent landscape is increasingly competitive, emphasizing claim breadth and diversification across patent families.
- Stakeholders must continuously monitor patent prosecution, oppositions, or infringements to maintain market exclusivity.
- Effective patent landscape analysis guides strategic development, licensing negotiations, and market entry.
FAQs
1. What is the typical scope of pharmaceutical patents like CN102497856?
They usually cover chemical compounds, their pharmaceutical formulations, and methods of use or treatment, often with a focus on structural claims and specific therapeutic applications.
2. How does the patent landscape in China affect drug patent strategies?
China’s evolving patent laws and active patent filings incentivize broad, detailed claims and multiple patent families to secure comprehensive protection against competitors.
3. Can the claims of CN102497856 be easily circumvented by generic manufacturers?
Depending on the claim breadth and specific wording, generic firms may attempt to design around the patent via alternative compounds or new formulations. However, well-drafted claims make circumvention difficult.
4. What is the importance of patent scope in licensing negotiations?
Broader claims add value by offering wider protection, impacting licensing terms and royalty rates negatively or positively, depending on enforceability and infringement risks.
5. How do patent claims influence the development pipeline for innovative drugs in China?
Clear, strong claims can protect assets during clinical development and commercialization, incentivizing investment, whereas weak claims may deter R&D funding.
References
- Chinese Patent Database [CN102497856], National Intellectual Property Administration of China.
- WIPO PatentScope Database.
- Zhang, Y.X., et al. (“Chinese Pharmaceutical Patent Strategies,” Intellectual Property Quarterly, 2018).
