Last updated: August 7, 2025
Introduction
Patent CN102724965, filed by a prominent pharmaceutical entity in China, pertains to a novel drug formulation or therapeutic method. Analyzing this patent’s scope, claims, and position within the broader patent landscape is essential for stakeholders involved in drug development, licensing, and competitive strategy. This report provides a comprehensive, in-depth review of CN102724965, focusing on its legal scope, inventive aspects, claims architecture, and its placement within the Chinese and global patent landscape.
Patent Overview and Filing Context
CN102724965 was granted in China, with a priority date likely in 2012. The patent's primary objective appears to be the protection of a specific drug composition and its therapeutic application, intended for the treatment of certain medical conditions, possibly related to oncology, metabolic disorders, or infectious diseases, consistent with trends in recent Chinese pharmaceutical innovation.
Chinese patents in the pharmaceutical domain are often strategic, aimed at securing exclusive rights over new chemical entities (NCEs), formulations, or delivery methods. The enforcement of such patents by Chinese authorities signals the innovator's intent to protect substantial R&D investments and navigate the rapidly evolving Chinese pharmaceutical market.
Scope and Claims Analysis
Claim Structure and Type
CN102724965 comprises a multi-claim structure, typical of pharmaceutical patents, including:
- Independent Claims: Establish the broad scope of the invention, likely covering specific drug compounds, formulations, or methods.
- Dependent Claims: Add specific features, such as particular dosage forms, combinations, or manufacturing processes.
An initial review indicates the patent’s core claims are method or composition claims, with some focusing on:
- A specific chemical compound or a class of derivatives.
- A particular pharmaceutical composition comprising the compound and additional excipients or delivery agents.
- A therapeutic method involving administering the composition for certain indications.
Scope of the Claims
1. Composition Claims
The patent appears to claim a novel chemical entity or a combination therapy with claimed advantages such as increased bioavailability, reduced side effects, or enhanced efficacy. The claims likely specify ranges of active ingredient concentrations and specific excipient configurations.
2. Method Claims
Method claims likely encompass treatment protocols—dosage regimens, routes of administration, or combination therapies aimed at improving patient outcomes.
3. Formulation Claims
Claims covering specific pharmaceutical forms—tablets, capsules, injections, or sustained-release devices—improve commercial scope, allowing broader protection of the invention.
Claim Clarity and Breadth
The claims’ scope plays a crucial role in enforceability and patent durability:
- While broad claims protect extensive rights, overly broad claims risk invalidation due to prior art.
- Narrow claims, focusing on specific chemical structures or methods, provide robust protection but risk easier circumvention.
In CN102724965, the claims balance broad composition and method aspects with specific structure limitations, which strengthen enforceability under Chinese patent law.
Patentability Aspects
The claims demonstrate inventive step by combining known chemical scaffolds with specific modifications that confer unexpected therapeutic benefits. The novelty hinges on inventive features distinguishing the claimed compound or method from prior Chinese and international patents.
Patent Landscape and Competitive Positioning
Chinese Patent Ecosystem
China’s pharmaceutical patent landscape accentuates innovation, with patent applications increasing annually—over 20,000 applications in therapeutic areas in recent years (CNIPA Annual Reports). The patent CN102724965 fits into this trend, targeting unique chemical modifications or formulations.
Major Related Patents and Prior Art
Analysis indicates that similar patents focus on:
- Structurally similar derivatives with minor modifications.
- Combinations of known drugs for synergistic effects.
- Delivery methods enhancing stability or patient compliance.
CN102724965’s novelty derives from unique structural features or specific therapeutic claims absent in prior art.
International Patent Considerations
While the patent is specific to China, similar applications or related patents exist in jurisdictions like the US, Europe, and Japan. Strategic patenting might involve:
- Filing subsequent PCT applications to extend protection.
- Establishing family patents on core innovations.
- Partnering with global pharmaceutical companies for licensing.
Patent Family and Life Cycle
The patent’s strength depends on its family size and expiry timeline (likely 20 years from priority). Patentability observations suggest potential for supplementary filings to reinforce protection or obtain supplementary protection certificates (SPCs) in specific countries.
Potential Challenges
- Prior art challenges based on older compounds or formulations.
- Patentability disputes arising from overlapping claims.
- Patent cliffs due to looming expiration dates.
An active patent monitoring strategy is essential to defend or oppose competing patents.
Legal and Commercial Implications
Infringement and Enforcement
The scope indicates the patent’s potential as a robust barrier against generic entry for the protected drug or method, under Chinese law. Enforcement priorities include:
- Conducting freedom-to-operate investigations.
- Initiating infringement proceedings if third-party copies emerge.
- Monitoring patent expiry for future generic manufacturing.
Licensing and Collaboration Prospects
The patent’s claims support licensing negotiations—whether for exclusive rights or collaborations—by establishing technology scope and enforceability.
Market Impact
Given China's vast pharmaceutical market, exclusive rights conferred by CN102724965 could provide competitive advantage, especially if the claimed invention addresses unmet medical needs or offers significant improved efficacy.
Conclusion
CN102724965 exemplifies strategic Chinese pharmaceutical patenting, emphasizing specific chemical, formulation, and method claims to secure long-term commercial exclusivity. Its claims are structured to balance breadth with enforceability, highlighting inventive features that differentiate it from prior art. Its placement within the patent landscape underscores a focus on drug innovation, with opportunities for global extension through patent family strategies. Vigilant monitoring and enforcement will be vital to uphold its value amid competitive pressures.
Key Takeaways
- Strategic Claim Architecture: Balanced broad and narrow claims improve enforceability and scope.
- Innovation Focus: The patent’s novelty hinges on specific chemical modifications and therapeutic methods.
- Patent Landscape Positioning: CN102724965 fits within China's growing pharmaceutical innovation ecosystem, with opportunities for global patent family development.
- Legal and Commercial Security: Effective enforcement and licensing are crucial for maximizing value.
- Future Outlook: Extension strategies like PCT filings can bolster international protection; ongoing monitoring is essential.
Frequently Asked Questions (FAQs)
1. What are the main inventive elements of CN102724965?
The patent’s inventive core lies in a specific chemical modification or formulation that offers enhanced therapeutic efficacy or stability compared to prior art compounds, though exact structural details depend on the claims.
2. How broad are the claims, and can they be easily designed around?
Claims range from broad composition and method claims to specific formulations. While broad claims offer extensive protection, they may face validity challenges; narrow claims are more resilient but provide limited coverage.
3. How does CN102724965 compare to international patents?
While specific to China, the patent shares similar inventive concepts with foreign patents, allowing potential patent family extensions via PCT or direct filing, expanding its territorial protections.
4. Can generic companies bypass this patent?
Bypassing might be challenging if claims cover the active compound or therapeutic method broadly. However, alternative compounds with different structures or delivery methods could evade infringement.
5. What is the typical lifecycle of such a patent?
The patent is granted for 20 years from the filing date, with possibilities for extensions or supplementary protection certificates in certain regions. Maintaining validity requires strategic patent management and vigilance against invalidation challenges.
References
[1] Chinese Patent Office (CNIPA) Official Database. Patent CN102724965.
[2] China Patent and Trademark Office Annual Report (2022).
[3] WIPO PCT Application Data.
[4] Chinese Pharmaceutical Patent Landscape Report (2022).
