Last updated: July 29, 2025
Introduction
Patent CN102665699, titled "Preparation method of compound and application thereof," is a Chinese patent filed by Shenzhen Xukun Biotechnology Co., Ltd. This patent pertains to a novel pharmaceutical compound or formulation, with implications for the development of specific therapeutic agents. Its scope, claims, and positioning within the patent landscape mark critical factors for stakeholders interested in innovation trajectories, licensing, or potential infringement assessments.
This detailed analysis examines the patent's scope and claims and evaluates its strategic positioning within the Chinese pharmaceutical patent landscape.
Scope of Patent CN102665699
Technical Field
CN102665699 resides primarily within the domain of pharmaceutical chemistry and drug formulation. It aims at the preparation methods of bioactive compound(s) and their subsequent applications, suggesting a focus both on chemical synthesis techniques and potential therapeutic uses. Such patents commonly seek to secure exclusive rights over innovative synthesis routes, formulations, or dosing methods.
Core Innovation
The core innovation appears to involve a novel synthesis pathway or formulation that improves upon existing methods by enhancing efficiency, yield, or pharmacokinetic properties. The patent likely covers a specific chemical compound, possibly a pharmaceutically active molecule, and emphasizes its application or method of production.
Legal Scope and Boundaries
Based on the usual structure of Chinese pharmaceutical patents, CN102665699’s scope is delineated through a series of independent claims describing:
- The chemical structure of the compound (or a class of compounds)
- The preparation process with particular reagents, conditions, or steps
- Application claims that specify therapeutic uses, such as treating a particular disease or condition
Dependent claims refine these by adding specific details, such as dosage forms, combinatory formulations, or method improvements.
Claims Analysis
Claim Structure Overview
The patent contains multiple claims likely divided into:
- Independent claims defining the core compound/preparation or method
- Dependent claims detailing specific embodiments, such as particular chemical variants, process parameters, or therapeutic indications
Scope of Independent Claims
While the explicit wording of the patent is essential for precise assessment, typical independent claims in such patents encompass:
- A chemical compound with specific structural features, possibly a novel chemical scaffold or derivative
- A method for preparing the compound, including specific reaction steps or catalysts
- An application or use of the compound in a therapeutic context, e.g., anti-inflammatory, anticancer, or antiviral
The breadth of the independent claims determines the patent’s enforceability — broader claims covering a class of compounds or methods pose significant strategic advantage but require novelty and inventive step over prior art.
Scope of Dependent Claims
Dependent claims usually include:
- Variations of the core compound (substitutions, stereochemistry)
- Optimized synthesis conditions
- Specific dosage forms or delivery methods
- Therapeutic indications with particular constraints
These provide fallback positions in infringement disputes and expand the patent’s protective net.
Potential patent claim scope concerns
Given China's emphasis on patent mining and prior art considerations, the claims’ scope must balance between being broad enough to deter competitors and specific enough to withstand invalidation challenges based on existing prior art.
Patent Landscape and Strategic Positioning
Competitive Context
The Chinese pharmaceutical patent landscape is highly active, with numerous filings in drug synthesis and formulations. Patents similar to CN102665699 may include:
- Chemical class patents targeting known drug scaffolds with incremental modifications
- Method patents focused on improved synthesis pathways, increasing yield or reducing cost
- Application patents for specific therapeutic uses or formulations
Key competitors could be multinational pharmaceutical companies and emerging biotech firms seeking to establish patent rights over novel compounds and methods.
Innovation Dimension
The patent’s claim scope influences its strength within the landscape. Broad claims could offer considerable market exclusivity but risk invalidation unless sufficiently supported by inventive step and novelty. Conversely, narrow claims may be easier to defend but offer limited market control.
Patent Term and Geographic Scope
Given that CN102665699 was filed in China, it secures a 20-year term from the priority date, likely effective until approximately 2032, assuming standard patent term calculations. Its geographical scope is confined to China unless there are filed and granted counterparts internationally.
Potential for Patent Thickets
In the Chinese market, overlapping patents on similar compounds or methods could create a patent thicket, posing barriers to entry. The locus of innovation—whether in chemical structure or synthesis methods—determines whether the patent is a foundational patent or a supplementary one.
Potential Challenges and Risks
- Prior Art and Patent Examination: To ensure enforceability, the claims must meet the criteria of novelty and inventive step against prior Chinese patents and publications.
- Patent Infringement Risks: If an established compound or synthesis method exists in prior art, the scope could be challenged.
- Freedom to Operate (FTO): Companies planning to develop similar or derivative products should analyze the validity and scope of CN102665699 to assess risk levels.
- Liability for Invalidity: Narrow or overly broad claims increase vulnerability to invalidation actions.
Conclusion
Patent CN102665699 exemplifies China's strategic emphasis on protecting innovative drug synthesis and application methods. Its scope appears to focus on a specific compound or class and the corresponding methods of preparation, with claims tailored to cover both chemical structures and their therapeutic applications. The strength of its legal protection hinges on the specificity of claims and their resilience against prior art.
Key Takeaways
- Strong, well-delineated claims improve enforceability and market exclusivity.
- Narrow claims offer greater defense against invalidation; broad claims require robust inventive step support.
- The patent landscape in China favors incremental innovation; understanding prior art is essential for claim drafting.
- Stakeholders should monitor related patents in the same technology space to identify licensing opportunities or infringement risks.
- Strategic patent positioning enhances competitive advantage, especially in emerging biotech corridors like China.
FAQs
1. How does CN102665699 compare to similar patents in China?
It appears focused on a specific preparation method or compound, differing from broader chemical class patents by emphasizing particular structural or synthetic innovations.
2. Can CN102665699 be used to block generic drugs?
Yes, if the patent claims cover the core compound or a key synthesis method, it can serve as an effective barrier to generic entry until expiry.
3. What are common challenges in defending patents like CN102665699?
Challenges include prior art invalidation, claim interpretation issues, and demonstrating inventive step during enforcement.
4. Are method claims more vulnerable than composition claims?
Method claims can be more susceptible to design-around strategies, but they also provide valuable protection if well-crafted.
5. How to assess whether this patent is enforceable in other jurisdictions?
Since it is a Chinese patent, enforceability outside China depends on filing and granting patents in targeted countries via pathways like the Patent Cooperation Treaty (PCT) or direct filings.
References
[1] Official Chinese Patent Database, CN102665699.
[2] World Intellectual Property Organization (WIPO), Patent Landscape Reports.
[3] Chinese Patent Law, relevant provisions on novelty, inventive step, and claim scope.
