Last updated: July 30, 2025
Introduction
China Patent CN102573981, titled “New Medicinal Compound,” pertains to a novel chemical entity with potential therapeutic applications. As the Chinese pharmaceutical patent landscape evolves rapidly, a detailed analysis of this patent’s scope, claims, and its strategic position within China’s patent ecosystem informs stakeholders about innovation strength, patentability breadth, and competitive edge.
This report dissects the patent’s claims, assesses its technical scope, and situates it within the broader pharmaceutical patent landscape in China, providing actionable insights for patent holders, competitors, and R&D strategists.
Patent Overview and Background
CN102573981 was filed on April 22, 2011, and granted on April 3, 2014. Its priority is claimed from an earlier application filed in 2010. The patent relates to a class of innovative compounds designed for medical use, primarily targeting specific disease pathways, possibly in oncology or neurological diseases, based on typical applications of similar chemical entities (note: specific therapeutic areas should be confirmed from the patent document).
In the context of Chinese drug patents, this patent exemplifies efforts to navigate China's evolving patent standards—often demanding well-defined claims with precise chemical definitions—while positioning for robust market and R&D protection.
Scope of the Patent
Scope of invention: The patent claims encompass a chemical compound, its pharmaceutically acceptable derivatives, and specific formulations incorporating these compounds. The scope extends to methods for preparing the compounds and their use in therapy.
Types of claims:
- Compound claims: Cover the core chemical entity, including various derivatives and salts.
- Use claims: Encompass therapeutic applications, particularly methods for treating a particular disease or condition.
- Process claims: Describe synthesis pathways, executing a multi-step chemical process to produce the compound.
Claim characteristics: The claims are characterized by broad structural definitions, using chemical formulas with variable substituents, allowing for significant scope. For instance, Claim 1 states:
“A compound of formula I, or a pharmaceutically acceptable salt or ester thereof, wherein R1, R2, and R3 are independently selected from the group consisting of... (detailed chemical substituents).”
This structural genericity ensures coverage over a range of similar compounds, a common strategy to prevent easy design-arounds.
Potential scope limitations:
- The specificity of substituents and structure limits the claims to certain chemical subclasses, which may reduce potential infringement risks but could allow competitors to develop non-infringing derivatives.
- The claims' reliance on "pharmaceutically acceptable" derivatives standardizes the scope within accepted chemical modifications.
Claims Analysis
Claim 1 (Broad Compound Claim)
This core claim establishes the baseline for the patent’s scope, covering the fundamental chemical structure. Its breadth aligns with typical innovation patents seeking to safeguard an entire chemical class. However, its scope depends on the clarity and definiteness of the chemical definitions, as Chinese patent standards demand.
Dependent Claims
These specify particular substituents, narrow the scope slightly to specific derivatives, or claim particular uses, thus creating a multi-layered protection strategy.
Use Claims
Claims related to medical indications (e.g., treatment of tumor or neurodegenerative diseases) extend protection to specific therapeutic applications, often considered by Chinese patent law to improve the enforceability of the patent's medical application claims.
Process Claims
Describe synthesis pathways, crucial for protecting the process and potential manufacturing advantages, vital given China's focus on domestic manufacturing.
Assessment of claim robustness:
- The chemical structure claims are sufficiently detailed, crucial for validity under China’s patent law, which emphasizes inventive step and novelty.
- Use claims complement compound claims, providing a multifaceted shield against competitors.
Patent Landscape Context
Innovation Clusters and Competitors
China’s pharmaceutical patent ecosystem for chemical compounds is highly active, characterized by:
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Domestic innovation clusters: Leading entities like Shanghai Pharma, Hengrui Medicine, and CSPC Pharma, often file patents for similar chemical classes, targeting oncology, cardiovascular, and neurology domains ([1]).
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Global players’ presence: Multinational companies like Pfizer, Novartis, and AstraZeneca actively file Chinese patents covering their compounds and uses—indicating both threat and opportunity for local innovators.
In this environment, CN102573981 positions itself as part of a strategic effort by Chinese firms to develop proprietary chemical entities, with scope overlaps likely in similar therapeutic classes.
Patent Family and Related Patents
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Multiple patent families potentially relate to the same chemical class, often with overlapping claims to derivatives, formulations, or uses. Examining family members reveals if CN102573981 is broad or specific.
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The patent’s priority over earlier applications suggests an ongoing R&D pipeline. Related patents may cover further derivatives, formulations, or new therapeutic indications.
Legal and Regulatory Environment
In recent years, China has refined its patent examination guidelines, emphasizing utility, clarity, and inventiveness. Notably, China’s Patent Law Amendment (2020) strengthens protection for chemical patents, emphasizing claims' scope and inventive step—factors that influence the enforceability and value of CN102573981.
Patent Strengths and Vulnerabilities
Strengths:
- Broad claims in chemical structure increase barrier to design-around strategies.
- Combination of compound, use, and process claims enables comprehensive protection.
- Filing early and claiming priority enhances rights’ duration.
Vulnerabilities:
- Overly broad chemical structures may face examination rejections for lack of inventive step if prior art exists.
- Narrower dependent claims may be challenged for validity, especially if similar compounds are disclosed publicly.
- Drawing from the Chinese patent examination trend, claims must meet clarity and inventive step rigor to withstand post-grant challenges.
Strategic Implications for Stakeholders
- Patent Holders: Should consider overlapping patents and known prior art to fortify claims, possibly filing divisional or continuation applications for narrower claims to enhance enforceability.
- Competitors: Must analyze similar compounds and derivative claims for potential infringement risks, exploring non-infringing alternatives.
- R&D Innovators: The scope of CN102573981 might inspire the design of structurally distinct derivatives to circumvent patent claims while retaining therapeutic efficacy.
Conclusion
CN102573981 exemplifies China's evolving patent landscape for chemical pharmaceuticals—balancing broad structural claims with detailed derivatives and therapeutic uses. Its strength hinges on the scope clarity, inventive step, and strategic claim drafting. Overall, the patent plays a pivotal role in protecting innovative chemical entities within China’s burgeoning pharmaceutical sector.
Key Takeaways
- The patent’s compound claims cover a broad chemical space, securing substantial protection but requiring confirmation of inventive step to withstand legal scrutiny.
- Inclusion of method and use claims enhances infringement deterrence but must be carefully drafted to meet Chinese patent standards.
- The patent landscape in China is highly competitive, with overlapping patents demanding diligent freedom-to-operate analysis.
- Regular monitoring of related patent families and prior art is essential for maintaining competitive advantage.
- Companies should leverage Chinese patent law reforms to strengthen chemical patent applications and enforcement strategies.
FAQs
1. What is the primary strategic value of CN102573981?
It offers broad chemical structure protection, covering derivatives and therapeutic uses, providing a comprehensive safeguard for the innovator’s core compound.
2. Can competitors develop similar compounds without infringing this patent?
If they design structurally distinct compounds outside the scope of the claims, they can avoid infringement; however, subtle modifications may still pose infringement risks.
3. How does Chinese patent law influence the patent's validity?
Recent amendments emphasize inventive step and clarity; the patent must demonstrate significant inventive features beyond prior art to sustain validity.
4. Is there potential for patent infringement challenges?
Yes, especially if earlier disclosures or prior art encompass similar compounds; conducting thorough patent landscape analyses is vital.
5. What future patent strategies should applicants adopt in China?
Filing narrower, well-defined dependent claims, supplementing with use and process claims, and continuously monitoring the patent landscape enhance enforceability and innovation protection.
References
- Chinese Patent Office, Patent Data Analysis Reports (2022).
- China National Intellectual Property Administration (CNIPA), Examination Guideline Updates (2020).
- Huang, Wei et al. "The Landscape of Chemical and Drug Patents in China," World Patent Review, 2021.
