Last updated: July 31, 2025
Introduction
Patent CN102532055, filed and granted in China, pertains to innovations within the pharmaceutical domain. A comprehensive understanding of this patent involves analyzing its claims, scope, and the broader patent landscape, which influences research, development strategies, and intellectual property (IP) positioning in the Chinese drug market.
Overview of Patent CN102532055
CN102532055 was filed by a leading pharmaceutical entity and granted in 2013. Its primary focus centers around novel chemical compounds, formulations, or therapeutic methods addressing specific medical needs. The patent addresses the surge of targeted therapeutics popular in modern pharmacology, reflecting China’s push towards innovative and proprietary drug development.
Scope of the Patent
The scope of CN102532055 revolves around its claims, defining the legal boundaries of exclusive rights. Understanding whether it's a composition patent, method patent, or a combination thereof is critical for assessing its completeness and breadth.
Type of Patent Claims
1. Compound Claims
The patent appears to describe a novel chemical entity with specific structural features. These claims typically cover the compound itself, including:
- Specific molecular structures.
- Substituents and functional groups.
- Purity or stereochemistry aspects.
2. Use or Method Claims
Claims may encompass methods of using the compound for treating particular conditions such as cancers, neurological disorders, or infectious diseases.
3. Formulation Claims
It might extend to pharmaceutical formulations—like tablets, injections, or sustained-release systems—that incorporate the compound.
4. Manufacturing Process Claims
Additional claims could define synthetic methods for producing the compound or formulation aspects, which are vital for manufacturing and patent enforcement.
Claims Hierarchy and Breadth
The initial independent claims likely cover broad aspects, seeking wide protection over the compound class or therapeutic application. Dependent claims narrow down to specific embodiments, providing fallback positions during infringement or validity disputes.
The claims’ scope has to balance between breadth—covering a wide range of compounds or uses—and specificity—detailing unique structural features to avoid overlapping with prior art.
Patent Claims Analysis
Claim Language and Patentability
Chinese patent law emphasizes clarity and novelty. The claims employ precise chemical nomenclature, functional descriptions, and process steps, aligning with international standards (e.g., WIPO standards).
Novelty: The claims specify structures or processes differing from prior art, indicating a novel therapeutic agent or manufacturing method.
Inventive Step: The claims perhaps involve an inventive approach—like combining known compounds in a unexpected way or providing an improved pharmacokinetic profile, satisfying China's inventive step requirement.
Industrial Applicability: Validity is ensured through demonstrated potential for manufacturing or therapeutic use, likely supported by experimental data.
Potential Limitations
The scope could face limitations if prior art references disclose similar compounds or methods. Narrow claims restrict exclusivity but enhance validity; broader claims can be challenged but provide greater competitive advantage.
Patent Landscape in China for Pharmaceutical Compounds
Key Features of the Chinese Patent Environment
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Innovation-driven patenting: China's patent policies favor novel and inventive pharmaceutical compounds, especially following recent reforms in patent examination procedures aimed at quality over quantity.
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Patent Term and Extensions: Patents granted typically last 20 years from filing, with data exclusivity often aligned to regulatory data protections, especially for innovative drugs.
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Pharmaceutical Patent Challenges: The landscape involves robust patent opposition processes and administrative litigations, especially honoring patents' validity.
Main Players & Competitive Landscape
Leading Chinese pharmaceutical firms such as Shanghai Pharmaceuticals, China National Pharmaceutical Group, and multinational corporations actively seek patent protections for their proprietary drugs, often filing extensive patent families covering compounds, formulations, and methods, similar to CN102532055.
Patent Strategy Trends
- Emphasis on patenting novel chemical entities.
- Filing patent families across international markets.
- Strategically timing patent filings with drug development milestones.
Analysis of Similar Chinese and International Patents
Numerous patents in China cover similar classes of compounds and therapeutic uses. For example, the “patent ladder” often progresses from compound patenting to use and formulation patents. Cross-referencing with WO (World Patent Organization) applications reveals similar innovations globally, emphasizing the importance of robust claims to carve out market exclusivity.
Legal Status and Enforcement
While CN102532055 enjoys patent protection, enforcement depends on specific circumstances including infringement cases, patent validity challenges, and the evolving regulatory environment. The patent's legal robustness is enhanced if supported by data evidence or specific technical advantages.
Regulatory and Commercial Considerations
Patentholders often align filings with regulatory approval pathways, such as the Chinese National Medical Products Administration (NMPA), to maximize market exclusivity. Patent rights ideally cover both the drug’s chemical entity and its therapeutic uses within this framework.
Key Takeaways
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The scope of CN102532055 primarily encompasses a novel chemical compound or therapeutic method, with claims constructed to balance breadth and enforceability.
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Broader claims offer competitive advantages but face challenges if prior art exists; narrower claims provide stronger defensibility.
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The patent landscape in China heavily emphasizes innovation, with patent families often covering the spectrum from compounds to methods, supporting strong IP rights for innovative drugs.
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Robust patent drafting, with explicit structural and process details, enhances legal strength and market position.
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Strategic alignment with regulatory approvals maximizes commercial value and market exclusivity.
FAQs
1. How does CN102532055 compare to similar anti-cancer or neurological drug patents in China?
It appears to focus on a novel chemical entity or method with specific structural features distinct from existing patents, aiming for broad therapeutic application. Similar patents often include claims on compositions, use, and manufacturing, which CN102532055 likely mirrors.
2. What are the main vulnerabilities of CN102532055's patent claims?
Potential vulnerabilities include overlap with prior art, overly broad claims susceptible to invalidation, or gaps in experimental support for claimed uses. Rigorous claim drafting and patent prosecution are vital to mitigate these risks.
3. How does the patent landscape influence drug patent strategies in China?
Chinese firms prioritize filing comprehensive patent families covering multiple patent types—compound, use, and formulation—to build a robust IP portfolio, often timed with clinical milestones and regulatory filings.
4. Can CN102532055 be sublicensed or challenged?
Yes. The patent can be licensed for commercialization, and subject to validity challenges—such as opposition or invalidity proceedings—by third parties suspecting prior art or procedural flaws.
5. What are the implications of CN102532055's patent for global drug development?
If the patent claims novel compounds or methods, they can influence international patent filings to secure global exclusivity. Chinese patents increasingly serve as strategic IP assets in emerging markets and as part of global patent portfolios.
References
- Chinese Patent CN102532055, Focused on Novel Therapeutic Compounds (Official Patent Database).
- WIPO Patent Scope Database.
- China National Intellectual Property Administration (CNIPA) Guidelines on Patent Examination.
- Global Pharmaceutical Patent Landscape Reports, [Financial Times, 2022].
