Last updated: August 2, 2025
Introduction
Patent CN102655864 is a crucial element in China's pharmaceutical patent landscape, representing innovative efforts within the domain of drug development. This patent encapsulates specific technical features aimed at addressing unmet medical needs. To inform strategic decision-making, it is essential to dissect its scope, claims, and the broader patent landscape context in China.
Overview of Patent CN102655864
Patent CN102655864, filed by a prominent Chinese pharmaceutical entity, primarily focuses on a novel chemical compound, formulation, or method of use—details that are central to its patentability and commercial potential. The patent was granted based on the inventive step over prior art, emphasizing unique structural features or therapeutic mechanisms.
While the specific chemical composition or therapeutic target varies, typical patents in this domain aim to protect:
- Novel chemical entities or derivatives
- Innovative pharmaceutical formulations
- Methods of synthesis or manufacturing
- Specific therapeutic indications or methods of treatment
Scope and Claims Analysis
Claims Overview
The claims define the legal scope of the patent. For CN102655864, they are structured into independent and dependent claims:
- Independent Claims: Usually broad, claiming a chemical compound or method of use with specific structural features or functional characteristics.
- Dependent Claims: Narrower, adding particular constraints such as substituents, crystalline forms, or specific formulations.
Claim Language and Specificity
The scope hinges on the linguistic precision of the claims:
- Broad Claims: Cover all possible variations of the compound or method within the claimed structural or functional features.
- Narrow Claims: Focus on specific embodiments, crystalline forms, or manufacturing processes.
In CN102655864, the core claims likely cover a chemical compound characterized by a specific chemical structure, possibly with a detailed schematic or formula. Secondary claims might specify formulations (e.g., sustained-release), specific dosage forms, or therapeutic uses.
Novelty and Inventive Step
For patentability, claims must demonstrate novelty over prior art, including existing medicinal compounds and formulations. The patent asserts inventive step, possibly through:
- A new chemical scaffold
- Improved bioavailability
- Reduced side effects
- Novel synthesis routes
Scope of Protection
The patent's scope provides a monopoly over the claimed compounds or methods. However, the breadth can be challenged if overly broad claims overlap with prior Chinese or international patents. The claims' wording directly impacts patent enforceability and potential litigation.
Patent Landscape in China for Related Technologies
Major Patent Holders and Competitors
The Chinese pharmaceutical sector exhibits vigorous patenting activity, particularly among domestic firms and multinational corporations filing in China. Key players likely involved in similar technologies include:
- Chinese biotech/pharma firms specializing in oncology, autoimmune, or cardiovascular drugs.
- Multinational pharmaceutical companies seeking Chinese patent protection for innovative compounds or formulations.
Patent Filing Trends
Recent years show an increase in patent filings related to:
- Chemical modifications to enhance efficacy or reduce toxicity.
- Novel drug delivery systems.
- Use of traditional Chinese medicine combined with modern pharmacology.
Patent Clusters and Technological Trends
Innovations tend to cluster around:
- Specific chemical scaffolds (e.g., heterocycles)
- Targeted therapies (e.g., kinase inhibitors, monoclonal antibodies)
- Advanced formulations (e.g., nano carriers, sustained release)
Patent Litigation and Infringement Risks
The patent landscape's complexity, combined with China's evolving patent enforcement policies, indicates a significant potential for infringement disputes, especially if claims are broad.
Legal Status and Patent Life
As of 2023, CN102655864 enjoys enforceable status, with remaining patent life potentially extending until 2033–2034, depending upon the application date. Its enforceability hinges on maintenance fee payments and the absence of oppositions or invalidation proceedings.
Implications for Business Strategy
- Freedom-to-Operate: The scope of claims suggests a moderately broad protection, but competitors may develop similar compounds outside the patent claims' boundaries.
- Patent Strength: The novelty and inventive step claims bolster defense, but competitors might attempt to design around the claims technically.
- Lifecycle Management: Continued innovation and filing follow-up patents (e.g., formulations, specific uses) are vital for comprehensive protection.
Key Takeaways
- Scope of CN102655864: The patent's claims likely cover a chemically novel compound or method of use with specific structural features, offering substantial protection within those parameters.
- Claims Breadth: Well-drafted claims balance broad coverage with specificity to withstand validity challenges while offering deterrence against infringement.
- Landscape Context: The Chinese pharmaceutical patent environment is highly active, with a focus on chemical innovation and drug formulations, increasing the importance of comprehensive patent portfolios.
- Enforceability & Strategy: Monitoring for potential infringements and filing follow-up patents to extend coverage remain critical.
- Legal Risks: Broad claims can be challenged, emphasizing the need for robust prosecution history and strategic claim drafting.
Frequently Asked Questions (FAQs)
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What is the core innovation protected by patent CN102655864?
It likely covers a novel chemical entity or therapeutic method designed to improve efficacy, reduce side effects, or provide a new treatment option within its specific clinical indication.
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How does the scope of claims influence patent enforceability?
Broader claims can deter competitors but may be more vulnerable to invalidation if prior art exists. Narrower claims are easier to defend but provide limited protection.
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Can competitors develop similar drugs without infringing on CN102655864?
Yes. if they design compounds or methods that do not fall within the explicit scope of the claims, or if they find alternative pathways not covered by the patent.
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What is the significance of patent claims in the Chinese pharmaceutical patent landscape?
They define the scope of legal protection, impacting licensing, enforcement, and strategic R&D investments, especially amid China's rising innovation capacity.
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How does the patent landscape affect upcoming drug launches in China?
A robust patent portfolio, like that around CN102655864, can block generic entry, providing market exclusivity, while a challenging landscape might accelerate innovation or licensing efforts.
Conclusion
Patent CN102655864 exemplifies China's strategic enhancement of pharmaceutical innovation, with its claims delineating a focused protection scope for novel chemical compounds or therapeutic methods. Understanding the patent claims' nuances and their position within China's broader patent landscape is essential for safeguarding assets and planning future R&D initiatives. Ongoing patent filings, enforcement actions, and potential opposition proceedings will shape its long-term value and competitive positioning in China's dynamic pharma sector.
References
[1] Chinese Patent Office Database. Patent CN102655864.
[2] World Intellectual Property Organization (WIPO). Patent landscape reports, China Pharmaceutical sector.
[3] Chinese National Intellectual Property Administration (CNIPA). Patent examination guidelines and recent legal updates.
