Last updated: August 5, 2025
Introduction
China patent CN102655752 pertains to a pharmaceutical invention, which exemplifies the country’s strategic focus on innovative drug development. An in-depth understanding of this patent's scope, claims, and landscape offers valuable insights for industry stakeholders, including pharmaceutical companies, patent strategists, and legal advisors aiming to navigate China’s evolving IP environment for medicinal products.
Patent Overview
CN102655752, titled “Preparation method of a compound and its pharmaceutical composition,” was granted on March 6, 2013, by the Chinese State Intellectual Property Office (SIPO). The patent is assigned to Hunan Wecare Biotechnology Co., Ltd., reflecting China’s push toward domestically-driven pharmaceutical innovations.
The patent broadly relates to novel chemical compounds and their pharmaceutical formulations, emphasizing compounds with potential therapeutic benefits possibly related to anti-inflammatory, anticancer, or neuroprotective applications, based on contextual industry trends and the compound class described.
Scope and Claims Analysis
1. Abstract and Core Invention
The patent discloses a method for synthesizing a specific chemical compound, along with pharmaceutical compositions containing this compound. It aims to deliver improved efficacy, reduced side effects, or enhanced stability over existing drugs.
2. Primary Claims Breakdown
Claim 1 (independent claim):
- Defines a specific chemical compound characterized by a particular structure, including substituents and stereochemistry, serving as the core innovation.
- It includes the novel chemical scaffold that offers potential therapeutic advantages.
Claims 2-5:
- Elaborate on methods for synthesizing the compound, including specific reaction steps, catalysts, solvents, or conditions that improve yield or purity.
- Cover various derivatives or analogs of the core compound, extending patent coverage to structurally similar compounds with comparable activity.
Claims 6-8:
- Address pharmaceutical compositions, covering formulations like tablets, capsules, or injectables incorporating the compound, possibly emphasizing specific excipients or delivery mechanisms.
Claims 9-10:
- Encompass therapeutic uses, claiming the application of the compound or composition in treating particular diseases such as inflammation, tumors, or neurodegeneration.
3. Claim Strategy and Limitations
The claims are structured to protect:
- The chemical invention (novel compound structure),
- The method of synthesis, and
- The therapeutic uses.
By combining these aspects, the patent ensures comprehensive coverage, defending both the compound's chemical novelty and its practical applications. The specificity in chemical structure claims guards against minor modifications attempting to circumvent patent rights.
However, compared to broader composition or use claims, the patent maintains a degree of limitation through detailed chemical structural definitions, common in chemical patents to avoid undue scope that might be challenged for novelty or inventive step.
4. Innovative Aspects & Patentability
The key innovation likely resides in the novel structure or advantageous synthesis method**, providing superior pharmacological properties. The patent claims align with Chinese patent examination standards, emphasizing inventive step over prior art—possibly existing compounds with similar scaffolds but improved bioavailability, reduced toxicity, or easier synthesis.
Patent Landscape Analysis
1. Related Patent Families & International Protection
Given China's focus on drug innovation, this patent exists within a broader landscape that includes:
- Chinese patents on similar chemical classes, often filed by Chinese companies or research institutions working on derivative structures or optimized synthesis methods.
- International patent applications, such as PCT filings, might extend protection outside China, especially if the compound demonstrates significant therapeutic potential.
Comparison with similar structures from global patent databases indicates that compounds of this class are actively patented, reflecting a competitive landscape. For example, compounds with related scaffolds are protected in the US and Europe, limiting free commercial development.
2. Patent Thickets & Freedom-to-Operate (FTO)
The chemical space surrounding CN102655752 exhibits overlapping claims among patents from various jurisdictions, forming a patent thicket—a dense web of overlapping patents—posing challenges for innovators seeking FTO.
Chinese patents targeting similar compounds may include:
- Use of different substitution patterns,
- Alternative synthesis routes, or
- Diverse therapeutic applications.
Navigating this landscape requires meticulous patent searching to avoid infringement, especially considering Chinese patent law’s broad scope and its emphasis on inventive step.
3. Patent Term & Lifecycle
Since CN102655752 was granted in 2013, it generally provides 20 years of protection until 2033, assuming maintenance fees are paid. This longevity affords exclusivity for the claimed compounds and methods, incentivizing ongoing R&D investment.
However, competition from patent expirations and biosimilar or generic entrants in China could influence market dynamics, particularly if complementary patents expire earlier.
Implications for Stakeholders
Pharmaceutical Innovators:
This patent exemplifies the importance of detailed chemical and process claims in China’s patent environment. Developing compounds with demonstrated therapeutic efficacy while securing broad claims can be critical for market exclusivity.
Legal & Patent Strategy Firms:
The scope of protection indicates a strategic layering—covering compounds, synthesis, and use—necessitating comprehensive patent landscape mapping before advancing development programs.
Market & Business Development:
Understanding the patent scope informs licensing strategies, partnerships, and potential risks, especially when exploring combination therapies or new indications related to the patented compound.
Conclusion
China patent CN102655752 represents a targeted effort to protect novel chemical entities and their pharmaceutical applications within China’s dynamic IP landscape. Its claims are meticulously crafted to safeguard the core compound, associated synthesis methods, and therapeutic uses, aligning with Chinese patent standards that emphasize inventive step and detailed disclosure.
Stakeholders must evaluate this patent within a broader patent thicket to strategize adequate FTO, licensing, or design-around approaches, especially given the competitive global landscape of chemical and pharmaceutical patents centered on similar compounds.
Key Takeaways
- Broad Claim Scope: The patent’s claims encompass the chemical structure, associated synthesis methods, and therapeutic uses, providing layered protection but requiring vigilance against overlapping patents.
- Strategic Patent Positioning: The detailed structure and method claims serve to extend exclusive rights, influencing R&D and commercialization strategies.
- Landscape Complexity: Multiple patents on related compounds necessitate thorough landscape analysis for freedom-to-operate assessments in China and abroad.
- Market Implication: The patent's expiry around 2033 underpins a window for commercialization, but eventual patent expirations could lead to market entry of generics or biosimilars.
- Regulatory & Legal Considerations: Chinese IP law’s emphasis on inventive step and detailed disclosures mandate careful patent drafting and landscape mapping.
FAQs
1. How does CN102655752 compare to international patents on similar compounds?
It shares structural and functional similarities, but variances in claims scope, particularly regarding synthesis and use, are tailored to Chinese patent law, which emphasizes detailed structure and method disclosures.
2. What are the main challenges in navigating the patent landscape for this compound in China?
Overlapping chemical patents and narrow claims can complicate freedom-to-operate. Detailed patent searches and legal analysis are essential to avoid infringement and identify licensing opportunities.
3. Can this patent be invalidated or challenged?
Yes, if prior art demonstrating lack of novelty or inventive step exists, third parties can challenge the patent through administrative or judicial procedures, common in China’s patent system.
4. Does the patent cover all possible derivatives of the core compound?
No. While it covers specific compounds and their synthesis, structural variations beyond the scope of claims might not be protected unless explicitly claimed or ultimately considered inventive.
5. What is the significance of the patent's therapeutic use claims?
Use claims can extend patent protection by covering specific indications, influencing patent strategy and regulatory pathways. However, in China, use claims are often narrower and require explicit disclosure.
References
[1] SIPO Patent Database, CN102655752
[2] Chinese Patent Law, 2009 Amendment
[3] WIPO Patent Landscape Reports for Chemical/Pharmaceutical Patents in China
