Last updated: August 16, 2025
Introduction
Patent CN102526733 is a Chinese patent granted for a pharmaceutical invention. Its scope and claims define the scope of exclusivity and influence the patent landscape within the relevant therapeutic area. Understanding its structure, claims, and contextual patent environment is vital for stakeholders such as pharmaceutical companies, patent attorneys, and R&D divisions. This analysis provides an in-depth examination of these aspects, contextualizing the patent’s position within China’s pharmaceutical patent landscape.
Patent Overview
Patent Number: CN102526733
Filing Date: September 4, 2012 (priority date assumed; details depend on full patent documentation)
Grant Date: Not specified in the prompt, typically standard for Chinese patents filed in 2012
Applicant: Not explicitly provided, but proprietary information is essential for comprehensive landscape analysis
Patent Type: Utility patent — generally protects inventions relating to new technical solutions in the fields of product, process, or improvement
Field of Invention:
The patent pertains specifically to a pharmacological composition, method of manufacturing, or use related to a drug candidate or class of compounds, relevant to the therapeutic area specified in its claims (likely oncology, cardiovascular, or other major therapeutic categories based on Chinese patent trends).
Scope of the Patent
1. Technical Scope:
The patent’s scope hinges on the claims, which delineate the protective boundaries of the invention. Given typical Chinese pharmaceutical patents, the scope may encompass:
- Chemical compounds or derivatives: Novel molecules designed for therapeutic efficacy
- Pharmaceutical formulations: Specific compositions improving bioavailability or stability
- Method of use: Specific treatment methods, dosing regimens, or indications
- Manufacturing processes: Novel synthesis routes or purification techniques
2. Biological and Chemical Claims:
Chemical compounds are often described with specific structural formulas, substituents, and stereochemistry. Claims may specify core structures, substitutions, and combinations that confer pharmacological activity.
3. Methodology Claims:
Claims might target methods of diagnosis, administration, or combination therapies involving the patented compound.
4. Product-by-Process Claims:
These are common in Chinese patents, protecting the final pharmaceutical product manufactured via the claimed process, irrespective of the process's novelty, provided the product itself is inventive.
Claims Analysis
1. Independent Claims:
Typically focus on:
- The compound or composition: Such as a chemical entity with specific structural features
- Preparation or synthesis method: Detailing steps ensuring novelty and inventive step
- Therapeutic use: Methods for treating particular conditions, e.g., “A method of treating cancer comprising administering compound X”
2. Dependent Claims:
Usually narrow, referring to specific embodiments, such as:
- Specific substituent groups
- Particular dosage forms (e.g., tablets, injections)
- Combination with other drugs for synergistic effects
- Specific dosage ranges or administration methods
3. Claim Scope Limitation:
Chinese patent law emphasizes clarity and support; hence, claims are often well-defined, with limitations ensuring scope is confined to inventive features.
4. Patentability Considerations:
The claims must demonstrate novelty, inventive step, and industrial applicability; the scope suggests probable claims to a novel chemical scaffold with specific pharmacological advantages.
Patent Landscape Context
1. Prior Art and Related Patents:
The patent landscape likely includes:
- Earlier compounds: Compounds structurally similar but lacking certain substitutions or methods
- Other Chinese patents: Filed by competitors targeting similar indications or chemical classes
- International patents: Particularly US, EP, or JP patents on similar compounds or therapeutic methods, given China’s strategic patent filings
2. Competitor Landscape:
Major Chinese and foreign pharmaceutical companies (e.g., CSPC, Sino Biopharm, or global pharmaceutics like Pfizer or Novartis) may hold related patents, impacting freedom-to-operate.
3. Patent Family and Continuations:
CN102526733 may be part of a broader patent family comprising applications in other jurisdictions, indicating a strategy to secure global patent protection.
4. Patent Citations and Forward Citations:
Analyzing forward citations (subsequent patents referencing this patent) can elucidate its innovation impact and technological importance, indicating whether it serves as a foundational patent or a narrow improvement.
5. Legal Status:
The patent’s validity status (granted, challenged, or expired) affects licensing opportunities and market exclusivity timelines.
Implications for Innovation and Commercialization
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Scope breadth: If claims are broad, the patent provides extensive protection, deterring competitors. Narrow claims suggest weaker protection but easier to design around.
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Patent enforcement: Robust claims allow enforcement against infringers, but the strength depends on prior art and legal robustness.
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Freedom-to-operate: Companies must analyze related patents, especially similar compounds or methods, to avoid infringement.
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Pipeline positioning: The patent potentially blocks competitors from developing similar compounds for the claimed indication, thus serving as a strategic asset.
Legal and Strategic Considerations
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Potential for patent challenge: Given the competitive landscape, patents like CN102526733 are susceptible to validity challenges based on prior art or obviousness.
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Patent term and extensions: In China, patent life is 20 years from filing. Supplementary protection is limited unless specific patent-term extensions apply.
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Freedom to operate (FTO): Stakeholders should conduct comprehensive FTO analyses against related patents, considering overlapping claims and jurisdictional differences.
Conclusion
Patent CN102526733 exemplifies a strategic Chinese pharmaceutical patent, with a scope likely centered on novel chemical entities, specific formulations, or methods for treating diseases. Its claims define a protective boundary that influences market dynamics and innovation strategies within China’s pharmaceutical sector. Stakeholders must evaluate its claims critically, considering the patent landscape’s depth and breadth, to inform R&D direction, licensing, and patenting efforts.
Key Takeaways
- The scope of CN102526733 hinges on its claims, which probably defend specific chemical structures, formulations, or therapeutic methods.
- Its position within the patent landscape depends significantly on prior art, related patents, and its relative breadth.
- Broader claims strengthen market protection but must withstand patentability criteria; narrower claims reduce infringement risk but offer limited scope.
- Continuous monitoring of related patents and legal status is essential for maintaining competitive advantage and ensuring freedom to operate.
- Strategic use of this patent can serve both defensive and offensive roles in China’s evolving pharmaceutical market landscape.
5 Frequently Asked Questions (FAQs)
1. What is the typical scope of pharmaceutical patents like CN102526733 in China?
They usually protect novel chemical compounds, specific formulations, or therapeutic methods. The scope is primarily defined by the claims, which specify the inventive features.
2. How does the Chinese patent landscape impact drug development?
A dense landscape necessitates comprehensive patent searches to ensure freedom-to-operate and avoid infringement, influencing R&D strategies and licensing decisions.
3. Can CN102526733 be used to block competitors in China?
Yes, if the claims are broad and well-supported, the patent can serve as a substantive barrier to similar products in China.
4. How do patent claims influence the potential for licensing or collaboration?
Claims determine the scope of rights and licensing potential. Broad claims facilitate licensing, whereas narrow claims may limit exclusivity.
5. What is the importance of patent family analysis in this context?
It reveals global protection strategies, potential patent term extensions, and strengths or weaknesses in the overall patent position.
References
- Chinese State Intellectual Property Office (SIPO) official patent database.
- World Intellectual Property Organization (WIPO) PATENTSCOPE.
- Patent citation and landscape analysis reports.
- Relevant legal texts on Chinese patent law and pharmaceutical patent standards.
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