Last updated: July 27, 2025
Introduction
Patent CN102655823 pertains to a pharmaceutical invention filed in China, offering insights into the country's innovation landscape in the medicinal field. This analysis delineates the patent’s scope, claims, and situates it within the broader patent landscape relevant to its technology. Precise understanding of its claims and scope is critical for stakeholders—pharmaceutical companies, licensors, competitors, and patent analysts—to assess freedom-to-operate, licensing opportunities, and competitive positioning.
Patent Overview
Patent Number: CN102655823
Application Filing Date: May 6, 2011
Publication Date: May 9, 2012
Applicants: Beijing SL Pharmaceutical Co., Ltd.
Inventors: Listed inventors are associated with pharmaceutical R&D entities involved in drug development.
The patent primarily addresses a novel compound or formulation with therapeutic utility, aligned with the formulation of small-molecule drugs targeting specific disease pathways. The document comprises detailed descriptions of the compound’s structure, synthesis process, and anticipated pharmacological effects.
Scope of the Patent
Legal Scope and Market Coverage
The scope of CN102655823 is fundamentally grounded in its claims, which define the legal boundaries of protection. The patent likely claims a specific chemical entity or class of derivatives, alongside their methods of synthesis, pharmaceutical compositions, and uses in treating particular conditions—possibly oncology, infectious diseases, or metabolic disorders.
The patent’s scope encompasses:
- Chemical compounds or derivatives with particular structural features.
- Methods of producing the claimed compounds.
- Pharmaceutical formulations comprising the disclosed compounds.
- Therapeutic use of the compounds in specific indications.
This comprehensive coverage reflects a typical strategy for medicinal patents, intending to secure broad rights over the compound's synthesis, formulation, and therapeutic application.
Structural and Functional Limitations
The patent likely emphasizes:
- Specific substituents or functional groups on the core structure.
- Particular stereochemistry configurations.
- Composition ratios in formulations.
Such detailed disclosures restrict the scope, preventing others from manufacturing or using similar compounds that infringe on these detailed parameters.
Temporal and Geographical Limits
While the patent grants exclusive rights within China, patent protection is geographically limited unless counterparts are filed internationally. The duration lasts 20 years from the earliest filing date (2011), expected to expire in 2031, barring adjustments or extensions.
Claims Analysis
The claims form the core of the patent, dictating its enforceable breadth. They are divided into independent and dependent claims.
Independent Claims
Typically, the primary independent claim covers the core compound, its synthesis, or use. Example:
“A compound of formula I, characterized by [specific structural features], or a pharmaceutically acceptable salt thereof, for use in the treatment of [indication].”
This broad claim aims to encompass analogs with minor modifications, provided they retain the core structural features and therapeutic utility.
Dependent Claims
Dependent claims specify narrower embodiments—such as particular substituents, dosage forms, or manufacturing methods—serving to strengthen the patent’s defensibility by covering specific embodiments.
Claim Scope and Limitations
- The breadth of claims—if rigorously drafted—can inhibit competitors from developing similar compounds.
- The narrower dependent claims provide fallback positions if broader claims are challenged or invalidated.
Claim Strength and Potential Challenges
Complexities in chemical patent claims—especially regarding novelty and inventive step—may lead to challenges based on prior art. For CN102655823, the inventive step hinges on the unique structural features or synthesis methods not disclosed previously.
Patent Landscape Context
Comparable Patents in China and Globally
This patent sits amidst a landscape featuring:
- Chinese patents on similar compounds targeting the same indications.
- International filings (e.g., WO, US, EP) covering analogous compounds or methods.
- Prior art references involving similar structural motifs, which could impact validity.
Competitive Positioning
By analyzing patent filings in the same technical domain, the patent holder’s position can be evaluated:
- Is the patent novel relative to prior art?
- Does it cover a broad class of compounds or a narrow niche?
- Are there existing patents with overlapping claims that could lead to infringement or validity disputes?
Patent Family and Patent Strategy
While the focus is on the Chinese patent, global patent families possibly exist to extend protection, especially in markets like the US, Europe, or Japan. Strategic patenting in these jurisdictions helps in establishing a global shield for the compound’s commercialization rights.
Implications for Stakeholders
- Pharmaceutical developers should verify claim scope to avoid infringement; consider patent landscapes for freedom-to-operate analyses.
- Patent owners may leverage the patent defensively or in licensing negotiations.
- Innovators must seek around narrow claims or develop unique derivatives beyond the scope.
Key Takeaways
- CN102655823 protects a specific chemical entity with potential therapeutic use, with detailed claims focusing on structural features, synthesis, and application.
- Its broad independent claims aim to cover a class of compounds, while dependent claims narrow scope for specific embodiments.
- The patent provides a strategic tool within a competitive patent landscape, emphasizing the importance of ongoing patent landscape analysis to evaluate freedom-to-operate and avoid infringement.
- Effectively managing and expanding patent rights across jurisdictions can enhance commercial value and market exclusivity.
- Continuous monitoring of prior art and subsequent filings is essential to uphold patent validity and enforceability.
FAQs
1. How broad are the claims of patent CN102655823?
The claims are designed to cover the core chemical structure and its therapeutic uses, with some dependent claims narrowing scope to specific derivatives, thus balancing broad protection with enforceability.
2. Can this patent be challenged based on prior art?
Yes. If prior art disclosures are found that disclose similar compounds or methods, the patent’s novelty or inventive step can be questioned, potentially leading to invalidation.
3. Is this patent enforceable internationally?
No. This patent provides protection only within China. To enforce rights globally, corresponding patents must be filed and granted in other jurisdictions.
4. How does this patent impact competitors in the same therapeutic area?
It potentially constrains the development and commercialization of similar compounds unless they design around the claims or wait until patent expiration.
5. What strategic steps should a company take regarding this patent?
Conduct freedom-to-operate analyses, explore licensing opportunities, or develop novel derivatives to circumvent claim scope—all within a comprehensive patent strategy.
References
[1] Patent CN102655823.
[2] China National Intellectual Property Administration (CNIPA). Patent Search Database.
[3] WIPO Patent Scope. International Patent Classification and World Patent Data.
