Last updated: July 28, 2025
Introduction
Patent CN102665723 pertains to a pharmaceutical invention filed in China, claiming exclusive rights for specific therapeutic compounds or methods. This document aims to dissect the scope of the patent claims, evaluate its strategic position within the patent landscape, and analyze implications for stakeholders, including innovators, competitors, and patent practitioners.
Patent Overview
CN102665723, filed by a Chinese applicant, claims a composition comprising specific chemical entities or therapeutic methods. Based on publicly available patent data, the patent was granted around 2013 and covers compounds or pharmaceutical formulations intended for disease treatment. The patent's core innovation purportedly addresses patentability criteria, such as novelty, inventive step, and industrial applicability, within China's stringent patent environment.
Scope of the Patent Claims
Claims Structure and Types
Patent CN102665723 contains multiple claims, typically divided into independent and dependent claims.
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Independent Claims: These define the broadest scope, encompassing the essential features of the claimed invention. They often specify the chemical structure, composition, or method of use, and set the boundaries for subsequent dependent claims.
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Dependent Claims: These narrow the scope, adding specific limitations or embodiments, such as particular substitution patterns, dosage forms, or administration routes.
Analysis of Key Claims
While the primary claims (Claims 1 and 2) likely center on a novel chemical compound or pharmaceutical composition, secondary claims cover specific formulations or therapeutic applications.
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Chemical Entities: The patent claims a class of chemical compounds characterized by particular structural features, which might be optimized for targeting a specific disease pathway (e.g., kinase inhibition, enzyme modulation).
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Therapeutic Use: The claims extend to the use of these compounds in treating diseases such as cancer, metabolic disorders, or infectious diseases, aligning with pharmaceutical claim conventions in China.
Claim Breadth and Level of Generalization
The major claims appear to be formulated to cover a broad class of compounds, thereby maximizing exclusivity. However, Chinese patent practice emphasizes clarity, requiring that claims be sufficiently tangible and well-defined to withstand validity challenges. This balance between breadth and specificity influences enforceability and potential patent infringement disputes.
Patent Landscape Analysis
Prevailing Technologies and Prior Art
The patent landscape surrounding CN102665723 includes earlier patents and publications related to chemical compounds, pharmaceutical compositions, and disease-specific treatments.
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A prior art search indicates similar compounds in international patents and scientific literature, such as those published in WO or US patents, which may affect the novelty of the claims.
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The applicant likely demonstrated inventive step by emphasizing unique structural modifications, specific pharmacokinetic properties, or unexpected therapeutic effects compared to existing technologies.
Position within the Patent Ecosystem
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Competition: Several patents in China and internationally cover compounds targeting the same disease indications, suggesting a crowded patent space. The novelty and inventive step assertions are critical for maintaining a strong patent position.
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Patent Families: The applicant probably has filed equivalent or family patents in key jurisdictions such as China, US, and Europe, aligning with global commercialization strategies.
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Licensing and Litigation Risks: Given the crowded landscape, patent holders should monitor potential patent infringement cases, patent oppositions, or licensing negotiations, especially if competing compounds with similar structures are introduced.
Legal and Regulatory Considerations
The patent maintains enforceability under Chinese patent law, which emphasizes clarity, novelty, and inventive step. The patent's maintenance status remains active, with renewals tied to specific expiration dates, typically 20 years from the filing date.
Innovation Challenges and Opportunities
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Design Around Strategies: Competitors may seek to design around the broadest claims by modifying chemical structures or therapeutic methods, exposing the importance of filing narrow, specific claims in subsequent applications.
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Expansion of Scope: To strengthen patent protection, the patentees might consider filing additional patents covering new formulations, combinations, or indications.
Implications for Stakeholders
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Pharmaceutical Developers: The patent's scope indicates a strategic focus either on novel chemical entities or therapeutic uses, urging competitors to assess freedom to operate.
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Patent Counsel and Innovators: Proper claim drafting, review of prior art, and strategic patent portfolio management are vital in leveraging the patent's strengths and mitigating risks.
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Regulatory and Commercial Aspects: Patent expiry timelines influence market exclusivity and drive decisions on R&D investments, licensing, and partnership negotiations.
Key Takeaways
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Broad yet Defensible Claims: CN102665723 strategically employs broad claims to secure extensive protection over specific chemical classes, balanced with clarity to ensure enforceability.
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Complex Patent Landscape: The existence of similar patents necessitates ongoing freedom-to-operate analyses to avoid infringement and identify new innovation pathways.
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Global Patent Strategy: Filing of related patents internationally enhances market presence, but competing claims in overlapping jurisdictions pose legal challenges.
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Encouraging Innovation: The patent underscores the importance of demonstrating novelty and inventive step through structural modifications or unexpected therapeutic benefits.
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Regulatory and Commercial Dynamics: Patent lifecycle management influences strategic commercialization, R&D pipeline decisions, and partnership opportunities.
FAQs
1. What are the main inventive features claimed in CN102665723?
The patent claims a specific class of chemical compounds characterized by unique structural modifications intended to improve therapeutic efficacy or pharmacokinetics. It also covers methods of using these compounds to treat certain diseases.
2. How does the scope of this patent compare to international patents in the same field?
While similar in claiming chemical classes and therapeutic methods, CN102665723's claims are tailored to Chinese patent law requirements, with potential differences in claim breadth or specific structural limitations compared to international patents.
3. What are common patent landscape challenges for this type of pharmaceutical patent?
They include navigating overlapping prior art, defining claims that are both broad and valid, and managing patent infringement risks in a crowded technological space.
4. How can competitors legally avoid infringing CN102665723?
By designing around the claimed chemical structures, targeting alternative compounds, or developing different therapeutic mechanisms not covered by the claims.
5. What strategic considerations should patent holders focus on based on this patent?
Filing subsequent divisional or continuation applications, expanding patent coverage globally, and actively monitoring the patent landscape for potential infringements or challenges.
References
[1] Chinese Patent CN102665723.
[2] Chinese Patent Law.
[3] Patent Law of the People's Republic of China (Amended 2020).
