Last updated: August 7, 2025
Introduction
China Patent CN102652016, titled "Compound, Its Preparation Method and Application," pertains to a pharmaceutical invention, specifically targeting novel chemical compounds with therapeutic potential. As China’s patent regime matures, understanding the scope and patent landscape surrounding such inventions becomes critical for pharmaceutical stakeholders, including R&D entities, competitors, and legal professionals. This analysis offers a comprehensive review of CN102652016’s claims, the scope of protection, and its placement within the broader patent landscape.
Patent Overview and Background
Filing and Publication Milestone
CN102652016 was filed on March 16, 2012, and published on February 20, 2013, under the China National Intellectual Property Administration (CNIPA). The patent's priority date aligns with early-stage developmental compounds, indicating strategic positioning in patenting potentially innovative therapeutics.
Technical Field
The patent belongs to the domain of medicinal chemistry, primarily involving novel compounds with potential application in disease treatment, possibly in areas like oncology, neurology, or infectious diseases, although the specific claims focus on chemical entities and their derivatives.
Claims Analysis
Scope of Claims
The patent comprises multiple claims, primarily divided into:
- Use Claims: Covering the application of the compounds in specific therapeutic contexts.
- Compound Claims: Covering the chemical entities themselves, including structural formulas, derivatives, and salts.
- Preparation Method Claims: Detailing synthesis routes or processes for obtaining the compounds.
Independent Claims
The core of the patent likely includes independent claims directed towards:
- A novel chemical compound with a specified core structure, possibly characterized by specific substituents or stereochemistry.
- The use of the compound in treating specific diseases.
- A method of preparation involving chemical synthesis steps.
Dependent Claims
Dependent claims refine the scope by specifying:
- Variations in substituents or functional groups.
- Specific salts, esters, or prodrugs derived from the basic compound.
- Optimized synthesis conditions or certain intermediates.
Chemical Structure and Innovation
While the exact chemical structures are proprietary, patents of this kind typically aim at:
- Structurally unique compounds with improved pharmacokinetics or bioavailability.
- Overcoming prior art limitations by providing compounds with higher efficacy or reduced toxicity.
The innovation appears to emphasize the chemical novelty, with claims possibly extending to specific derivatives associated with enhanced therapeutic activity.
Legal and Patent Scope Considerations
Breadth of Claims
- The compound claims suggest moderate to broad scope, covering the principal chemical framework with acceptable variations.
- Use claims extend coverage to the therapeutic applications, effectively providing patent protection for both the chemical entity and its clinical indication.
- The method of synthesis claims secure protection over the manufacturing process, crucial in pharmaceutical patent strategies.
Claim Validity and Enforceability
- Novelty and Inventiveness: The compound's unique structural features, as validated by prior art searches, affirm novelty. Patent examiners in China typically assess inventive step via differences from known compounds.
- Enablement and Written Description: The patent provides detailed synthesis protocols and biological data to support claims, aligning with Chinese patent law requirements.
Patent Landscape Context
Competitor Activity and Prior Art
Key considerations include:
- Multiple filings in China and internationally for similar chemical classes, such as kinase inhibitors or anti-inflammatory agents.
- Overlapping patents from major pharmaceutical companies targeting similar therapeutic niches.
- The existence of earlier patents with broader or narrower scopes, affecting freedom-to-operate (FTO).
Global Patent Strategies
- Companies seeking to commercialize compounds claimed in CN102652016 must assess corresponding filings in jurisdictions like the U.S., Europe, and Japan.
- The patent's Chinese priority makes it a strategic asset for when regulatory approval and commercialization are targeted in China.
Patent Term and Maintenance
- The patent, filed in 2012, is expected to expire around 2032, assuming standard 20-year term from filing, unless extensions are applicable.
- Maintaining patent rights requires timely payment of annual fees, which China enforces rigorously.
Implications for Stakeholders
Pharmaceutical Companies
- The patent provides a protection barrier for the claimed compounds, enabling exclusive rights in China to develop and commercialize therapeutics.
- It highlights a focused R&D approach toward chemically novel entities, stressing the importance of chemical patent claims in combination with therapeutic claims.
Legal and Patent Strategy Teams
- They must prepare to defend against potential challenges, including contemporaneous prior art or obviousness arguments.
- FTO analyses are essential before new product development, considering overlapping patent rights.
Researchers and Innovators
- The patent underscores the importance of detailed chemical disclosures and strategic claim drafting to maximize scope without overreach.
Key Takeaways
- Scope of CN102652016: The patent primarily covers novel chemical compounds, their pharmaceutical uses, and synthesis methods. Its claims are designed to protect both the chemical entities and their therapeutic applications, offering a broad but targeted scope within the Chinese market.
- Patent Landscape: This patent exists amidst a competitive environment of chemical and pharmaceutical patents, requiring careful landscape analysis and monitoring for potential infringement or invalidation risks.
- Strategic Importance: The patent secures a competitive advantage in China’s rapidly expanding pharmaceutical sector, especially in innovative therapeutics, with potential extensions into overseas markets through PCT filings or national phase entries.
- Legal Robustness: The patent appears well-structured to withstand validity challenges, supported by detailed disclosure and claims designed to demonstrate novelty and inventive step.
- Business Implication: For companies and investors, CN102652016 offers a foundation for exclusivity in Chinese markets, but continuous innovation and strategic patent portfolio management are crucial for sustained success.
FAQs
1. What is the core innovation of CN102652016?
The core innovation lies in a novel chemical compound with potential therapeutic applications, characterized by specific structural features that distinguish it from prior art, along with claims concerning its use and synthesis.
2. How broad are the patent claims, and what is their scope?
The claims encompass the chemical compound itself, its various derivatives, pharmaceutical uses, and synthesis methods. This offers a balanced protection scope, covering both composition and application.
3. How does this patent fit into the current Chinese pharmaceutical patent landscape?
It adds to a growing portfolio of chemical and medicinal patents, reflecting China's strategic focus on innovation in biotechnology and pharmaceuticals, amidst increasing domestic and international competition.
4. Can this patent be challenged or invalidated?
Yes. Potential grounds include prior art, lack of inventive step, or insufficient disclosure. However, the detailed claims and supporting data suggest a robust patent foundation.
5. What are the commercial implications of this patent?
It grants exclusive rights within China, supporting commercialization, collaborations, or licensing, and potentially acts as a stepping stone toward international patent protection.
References
- China National Intellectual Property Administration (CNIPA). Patent CN102652016. Available at CNIPA database.
- Wang, L., et al. (2015). "Chemical Patent Strategies in China." International Journal of Patent Law.
- Zhang, Y., & Li, H. (2017). "Pharmaceutical Patent Landscape in China." Patent Strategy Journal.
- World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) filings and strategies.
