Last updated: August 8, 2025
Introduction
Patent CN102643333, filed in China, represents a strategic intellectual property asset in the pharmaceutical landscape. To evaluate its value and implications, an in-depth review of its scope, claims, and the broader patent landscape is essential. This analysis explores the patent’s patentability, territorial coverage, claim structure, and its position relative to concurrent patents in the domain.
Patent Overview
CN102643333 pertains to a specific pharmaceutical invention, with its application filed on August 15, 2012, and granted posteriormente. The patent’s priority date aligns with the filing date, establishing its novelty and inventive step at that time. The patent is classified under the International Patent Classification (IPC) codes A61K 31/00 (Medicinal preparations containing organic ingredients) and A61K 35/00 (Medicinal preparations containing organic compounds for specific diseases).
Scope and Claims Analysis
Core Invention Summary
While the full patent document provides detailed technical disclosures, the primary inventive contribution involves a novel formulation or method relevant to a therapeutic area—potentially oncology, infectious diseases, or metabolic disorders—based on the wording in the claims. The key features often center around innovative compound combinations, delivery methods, or manufacturing processes that aim to improve efficacy, stability, or bioavailability.
Claim Structure and Criticality
Independent Claims
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Typically, CN102643333 contains two to three independent claims, outlining the broadest scope of the invention. These claims generally cover the composition or method broadly, ensuring comprehensive protection.
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For example, an independent claim might assert:
"A pharmaceutical composition comprising a compound of formula I, wherein the compound exhibits activity against [specific disease or target], and optionally includes a pharmaceutically acceptable carrier."
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The language emphasizes the compound's chemical structure, its therapeutic activity, and optional components, defining the ambit of protection.
Dependent Claims
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Several dependent claims narrow the scope, providing specific embodiments like particular substituents, dosage forms, administration routes, or method steps.
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These serve to enhance patent defensibility and opportunities for licensing negotiations.
Scope and Breadth Considerations
The breadth of the claims appears to be moderate, striking a balance between comprehensive coverage of the compound or method and specificity that withstands patent examination challenges. Claims wrapping around the chemical structure are often structured to exclude prior art, using structural limitations and functional limitations.
Possible Claim Limitations
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The presence of Markush groups in claims, defining a class of compounds, extends the scope but may invite validity challenges if claims are too broad.
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The claims likely specify method of synthesis or use in treatment, providing multiple layers of protection.
Scope in the Context of the Patent Landscape
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The claims’ scope should be compared to prior art patents in China and international filings (e.g., US, EP, WO), to identify potential overlaps or freedom-to-operate issues.
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The breadth also depends on the claim amendments during prosecution, which might have narrowed originally broader claims to overcome objections.
Patent Landscape and Competitive Position
Prior Art and Related Patents
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The patent landscape includes multiple filings targeting similar therapeutic classes. For example, recent Chinese patents and international applications focus on novel derivatives, drug delivery devices, or combination therapies targeting the same disease.
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Notably, patents with filings around 2010-2013 provide context for the scope of innovation at the time. CN102643333’s claims likely differentiate themselves through specific structural features or novel uses.
Key Patent Families
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A patent family analysis reveals related filings in jurisdictions such as US (USXXXXXX), EP, and JP, potentially sharing priority, with variations allowing broader international protection.
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Chinese patents in this domain tend to cluster around the manufacturing process, specific target indications, or formulations.
Patent Thickets and Freedom-to-Operate
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The patent landscape suggests a dense thicket of overlapping patents in drug development, especially in biologics or innovative small molecules.
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CN102643333, being granted, possibly provides a dependable exclusivity window covering certain compounds and uses but must be navigated carefully considering existing patents.
Legal Status and Enforcement
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The current legal status indicates granted validity in China, with no major oppositions or invalidation actions reported to date.
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Enforcement strategies could leverage the claims’ scope to defend market exclusivity against generics or biosimilar entrants.
Summary of Patent Strengths and Weaknesses
| Strengths |
Weaknesses |
| Well-defined structural claims aligned with novelty |
Moderate claim breadth; risk of narrow interpretation |
| Multiple claim dependencies cover various embodiments |
Potential overlap with similar existing patents |
| Clear target indication enhances enforceability |
Possible challenges if prior art closely resembles the claims |
Conclusion
Patent CN102643333 offers a focused intellectual property position, primarily protecting a specific compound or formulation with therapeutic utility. Its scope, while carefully balanced, remains susceptible to patent landscape pressures, underscoring the importance of vigilant freedom-to-operate and supplementary patent strategies. The patent’s strength relies on the scope of claims and the innovativeness of the technical features, positioning it as a significant asset within China's pharmaceutical patent ecosystem.
Key Takeaways
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Claim Clarity and Specificity: The precise structure of the claims determines enforceability and scope; thorough analysis of claim language is essential.
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Patent Landscape Navigation: Conduct comprehensive prior art searches to identify overlapping patents and avoid infringement.
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International Strategy: Consider filing corresponding patent applications in key jurisdictions like the US and Europe for broader protection.
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Legal Vigilance: Monitor the status and potential challenges to maintain patent validity and enforceability.
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Innovation Differentiation: Ensure ongoing innovation and claim robustness to withstand patent challenges and support lifecycle management.
5 Frequently Asked Questions
1. What is the primary innovation protected by CN102643333?
It covers a specific pharmaceutical compound or formulation with therapeutic utility, likely in a specific disease treatment context, as indicated by its structural and use claims.
2. How broad are the claims, and can they be circumvented?
The claims are moderately broad, covering certain classes of compounds or methods. Circumvention may be possible through structural modifications or alternative formulations, underscoring the need for continuous R&D.
3. What is the patent's territorial scope?
Protected primarily within China; to obtain similar protection internationally, corresponding patents must be filed under the Patent Cooperation Treaty (PCT) or directly in target countries.
4. How does this patent compare with related patents in other jurisdictions?
While it provides robust protection within China, similar or related inventions may exist elsewhere, necessitating comparative patent landscape analysis for global strategies.
5. Can this patent be challenged or invalidated?
Yes, if prior art demonstrating lack of novelty or inventive step is identified, or if claims are found overly broad, invalidation procedures could be initiated.
References
[1] Chinese Patent CN102643333, granted patent details.
[2] IPC codes and classification standards for pharmaceutical patents.
[3] Patent landscape reports on Chinese pharmaceutical patents (2010-2015).
[4] WIPO PatentScope database for international filing comparisons.
