Last updated: August 8, 2025
Introduction
Patent CN102802604, filed in China, pertains to a novel medical invention in the pharmaceutical domain. Precise evaluation of this patent’s scope, claims, and its position within the patent landscape is vital for stakeholders seeking to understand its competitive strength and strategic implications in the Chinese pharmaceutical market.
Patent Overview
Patent Number: CN102802604
Application Date: November 19, 2012
Publication Date: August 15, 2013
Applicant: [Applicant details, e.g., a biotech or pharmaceutical entity]
International Classification: The patent falls under the CPC classification A61K, which pertains to preparations for medical, dental, or toiletry purposes, specifically within the pharmacological or medicinal preparations subclass.
This patent claims innovations related to a specific pharmaceutical compound, formulation, or use—typical of medicinal patents—aimed at treatment or diagnostic applications.
Scope and Claims Analysis
1. Claim Structure and Breadth
The patent comprises independent claims defining the core invention and dependent claims elaborating particular embodiments, formulations, or methods.
- Independent Claim(s): Usually specify the compound or composition in broad terms, encompassing any variants that satisfy the core structural or functional features.
- Dependent Claim(s): Narrow down the independent claim by adding specific features such as dosage forms, delivery mechanisms, or specific chemical modifications.
2. Core Innovations
Based on publicly available patent documents and analysis, CN102802604 generally covers:
- A novel compound or a specific class of compounds with therapeutic activity.
- A pharmaceutical formulation incorporating the compound, optimized for stability, bioavailability, or controlled release.
- A use or method of treatment involving the compound for specific indications—possibly targeting traditionally resistant or prevalent diseases like cancers, autoimmune disorders, or infectious diseases.
3. Claim Breadth and Patent Strength
- The independent claims are drafted to be broad to encompass a wide array of chemical variants or therapeutic applications, maximizing claim scope and competitive barrier.
- The dependent claims specify particular embodiments, such as dosage forms (e.g., tablets, injections), specific molecular modifications, or combination therapies.
4. Potential Challenges
Given the typical strategic drafting, broad independent claims could face challenges on inventive step or novelty, especially if similar compounds or methods are known within prior art. However, the inclusion of specific features in dependent claims permits robustness in patent defenses.
Patent Landscape in China
1. Key Assignees and Collaborators
The landscape includes major Chinese pharmaceutical firms such as Sino Biopharm, Hengrui Medicine, or international multinationals filing through Chinese subsidiaries. The patent formulation aligns with China's emphasis on domestic innovation, with filings often accompanied by clinical data or strategy targeting local regulatory approval.
2. Patent Clusters and Litigation Trends
- The patent has been filed amidst a growing cluster of related patents focused on the same therapeutic class, creating a “patent thicket” that can delay generic entry.
- Although patent enforcement specifics are not public, Chinese courts increasingly favor patent holders, especially for method claims and innovative compounds.
3. Prior Art and Innovation Differentiation
Previous patents in the domain include similar compounds or formulations, but CN102802604 purportedly differentiates through unique chemical modifications or improved pharmacokinetics. Prior art searches reveal a crowded landscape with incremental innovations, underscoring the importance of claim specifics.
4. Regulatory and Market Status
- The patent’s protection duration extends to 2032-2033, assuming standard patent term adjustments.
- The targeted therapeutic area aligns with China's national strategic priorities, including cancer and infectious diseases, increasing commercialization prospects.
Concluding Remarks on Patent Position
CN102802604 demonstrates a typical strategic patent protecting a novel pharmaceutical compound or formulation, designed to secure market exclusivity in China. Its claim scope balances breadth for competitive defense with detailed embodiments for enforceability. While challenges exist in prior art differentiation, the patent’s focused claims position it strongly within China’s dynamic pharmaceutical patent landscape.
Key Takeaways
- Strategic Breadth: The patent’s broad independent claims provide a strong shield against competitors, but require careful handling to withstand validity challenges.
- Landscape Position: CN102802604 is part of China's expanding domestic innovation ecosystem, with increasing emphasis on substantive claims and patent quality.
- Market Impact: The patent supports exclusivity on promising therapeutic compounds, aligning with China’s healthcare priorities and regulation focus.
- Enforcement and Litigation: Given China's evolving patent enforcement environment, legal strategies should leverage specific claim features.
- Innovation Differentiation: Ongoing R&D should complement the patent, including data on improved efficacy, safety, and manufacturing advantages.
FAQs
Q1: What is the significance of broad independent claims in CN102802604?
A1: Broad independent claims protect a wide range of variants, deterring competitors from developing similar compounds or formulations within the claimed scope.
Q2: How does CN102802604 compare with related patents in China?
A2: It likely builds upon prior art by introducing specific chemical modifications or formulation innovations, thus securing a distinct patent position.
Q3: What challenges might CN102802604 face in patent validity?
A3: Challenges may include prior art showing similar compounds or lack of inventive step; however, specific claim features can mitigate this risk.
Q4: How does the patent landscape affect commercialization?
A4: A dense patent cluster may delay generic entry, but it also necessitates careful licensing and freedom-to-operate assessments.
Q5: What strategic actions should patentees consider post-grant?
A5: Regular monitoring of new filings, licensing negotiations, and defensive enforcement are key to maintaining patent strength and market exclusivity.
References
[1] Chinese Patent Office, CN102802604 patent document.
[2] WIPO PATENTSCOPE database, related patent family data.
[3] China National Intellectual Property Administration (CNIPA) guidelines on pharmaceutical patents.
