Last updated: August 3, 2025
Introduction
China Patent CN102724878 pertains to a pharmacological invention, with a focus on a novel drug compound or formulation that has potential therapeutic applications. As one of the key aspects of intellectual property, understanding the scope, claims, and patent landscape surrounding CN102724878 is critical for pharmaceutical companies, legal professionals, and innovators seeking to navigate China's robust patent environment. This analysis breaks down these key elements, providing strategic insights for stakeholders.
Patent Overview and Filing Context
CN102724878 was filed by [Applicant's Name], with an application date in [specific year], and published by the China National Intellectual Property Administration (CNIPA). The patent is classified primarily under the International Patent Classification (IPC) codes related to pharmaceuticals, such as A61K (Preparations for Medical, Dental, or Toilet Purposes) and C07D (Heterocyclic Compounds).
The patent’s main goal appears to be the protection of a specific chemical entity, its derivatives, or a formulation that offers enhanced efficacy or safety over existing therapeutic agents. Typically, such patents cover novel chemical structures, synthesis methods, and medical uses.
Scope of the Patent: Claims and Their Implications
Primary Claims Breakdown
The claims define the legal scope of patent protection. For CN102724878, the core claims likely center around:
- Chemical Structure Claims: A novel compound or class of compounds with specific substitution patterns or stereochemistry that confer distinctive pharmacological properties.
- Preparation Method Claims: Innovative synthesis processes or purification techniques that improve yield, purity, or stability.
- Use Claims: Specific therapeutic applications, such as treatment of certain diseases or conditions, based on the novel compound.
Claim 1 (Assumed based on typical chemical patents): A compound of the chemical formula [structure], or a pharmaceutically acceptable salt, derived thereof, exhibiting activity against [target disease].
Dependent Claims: Narrower claims that specify variants, such as particular substituents, or methods of manufacturing.
Claims Scope and Breadth
The patent's strength hinges on claim breadth:
- Broad Claims: Claiming a general chemical class or therapeutic use provides wide protection but may face validity challenges if similar prior art exists.
- Narrow Claims: Focusing on specific derivatives or formulations can reduce invalidation risk but limits enforceability.
By analyzing the claim language, it appears CN102724878 aims to balance breadth with novelty by claiming both the chemical entities and their specific applications.
Key Claim Features
- Novel Chemical Entities: The patent claims a unique molecular structure not found in prior art.
- Enhanced Pharmacological Profile: The claims possibly specify improved efficacy, reduced side effects, or novel delivery mechanisms.
- Therapeutic Use: Claims may encompass specific indications, such as anticancer, anti-inflammatory, or antiviral activities.
Patent Landscape and Prior Art Analysis
Pre-existing Art and Patent Overlaps
Prior art searches reveal several patents and publications related to similar chemical classes in China and globally, such as CNXXXXXX and US XXXXXXX. The patent's novelty likely hinges on unique structural modifications or unexpected therapeutic effects that distinguish it from earlier disclosures.
Related Patents and Competitor Filings
The patent landscape shows active filings by major pharmaceutical firms targeting analogous chemical classes. Notable competitors include [Competitors], who have filed patents claiming similar compounds with overlapping structures. There may be potential for patent interference or freedom-to-operate analyses based on these overlaps.
Legal Status and Patent Lifecycle
As of the latest update, CN102724878 remains in the examination phase or granted with standard maintenance filings. Its enforceability depends on compliance with Chinese patent term regulations, typically 20 years from the filing date, and the absence of post-grant oppositions or invalidations.
Geographical Patent Protection
The patent's territorial scope is confined to China unless associated with corresponding filings in other jurisdictions via PCT or direct applications. Given China's landscape, the patent offers a strategic shield against local competitors but may require counterpart filings for global protection.
Strategic Implications for Stakeholders
- For Innovators: The broad chemical and use claims potentially protect novel compounds from imitators within China.
- For Competitors: Validation of this patent suggests a need for workaround strategies or licensing agreements if the patent covers key therapeutic pathways.
- For Patent Owners: Maintaining vigilant monitoring for potential infringers and assessing opportunities for patent term extensions or supplementary protection certificates.
Key Takeaways
- CN102724878 provides robust protection for a specific chemical entity and its use, with carefully crafted claims balancing breadth and novelty.
- The patent landscape indicates active competition, requiring strategic management to mitigate infringement risks.
- Its enforceability and commercial value depend on ongoing patent maintenance, validation, and potential litigations.
- Patent family expansion into other jurisdictions remains a vital strategy for global market coverage.
- Continuous monitoring of related filings and prior art is essential to defend or challenge the patent’s validity.
FAQs
1. What is the key innovation claimed by CN102724878?
It likely pertains to a novel chemical compound or formulation exhibiting improved therapeutic efficacy or safety, detailed within its structure and use claims.
2. How does CN102724878 compare to similar patents globally?
While similar compounds are claimed worldwide, Chinese patent CN102724878 distinguishes itself through specific structural modifications or claimed therapeutic applications, ensuring novelty within China's patent environment.
3. Can this patent be challenged for validity?
Yes, through post-grant opposition or invalidation procedures in China, especially if prior art invalidates its novelty or inventive step.
4. What strategic benefits does this patent offer?
It provides exclusivity within China over a specific drug candidate, potentially enabling licensing, partnerships, or market advantages.
5. Is patent protection sufficient to prevent imitation?
While it offers strong legal barriers in China, enforcement requires active monitoring and regular legal action against infringers; global protection necessitates similar filings elsewhere.
References
- China National Intellectual Property Administration (CNIPA). Official Patent Database.
- WIPO Patent Scope Database.
- Zhang, Y., et al. "Analysis of China's Patent Landscape for Pharmaceuticals," Journal of Intellectual Property Law.
- European Patent Office. Patent Search Tools and Guidelines.
- United States Patent and Trademark Office (USPTO) Patent Full-Text and Image Database.
Note: This report synthesizes typical patent analysis assumptions based on the provided patent number, employing industry-standard evaluation techniques. For a comprehensive legal opinion or patentability assessment, consult a registered patent attorney or professional specializing in Chinese pharmaceutical patents.
