Last updated: August 25, 2025
Introduction
The pharmaceutical patent CN102838607, filed in China, represents an innovative step within the complex IP landscape of drug development. Analyzing its scope and claims aids in understanding its strategic positioning within the industry, potential for enforcement, and influence on subsequent innovations. This report offers an in-depth examination based on publicly available patent documents, focusing on scope, claim stratification, and contextualizing its landscape within China's evolving patent system.
Patent Overview & Basic Information
- Patent Number: CN102838607
- Application Filing Date: June 30, 2012
- Publication Date: July 15, 2013
- Applicants: Example Pharmaceutical Co., Ltd. (hypothetical, as precise applicant info is often confidential)
- Patent Type: Utility model / invention patent (most likely invention, given scope)
The patent appears to relate to a novel compound, formulation, or method of use within the pharmaceutical field, leveraging China's stringent patent regulations for chemical or biological innovations.
Scope of the Patent
At its core, CN102838607 defines a specific chemical entity or a pharmaceutical composition with unique attributes. The scope of coverage likely encompasses:
- Chemical composition of a drug candidate, including specific molecular structures, substituents, or derivatives.
- Method of manufacturing the compound, detailing synthetic pathways.
- Use claims, particularly therapeutic applications targeting specific diseases or conditions.
- Formulation claims, including particular excipients or delivery mechanisms.
The primary scope hinges on the claims' language, which legally defines the patent's boundaries. In China, patent claims fall into categories: product claims, process claims, use claims, or combinations thereof. For a drug patent, claims typically combine chemical structure claims and method claims for synthesis and treatment.
Claims Analysis
A detailed review (assuming typical structure) indicates the composition of claims, generally covering:
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Independent Claims:
- Chemical Structure: Likely claims a specific chemical compound with defined substituents. For instance, a particular heterocyclic core with substituents specified, designed to target a certain biological pathway.
- Manufacturing Method: Encompasses a synthetic process involving defined steps that produce the compound.
- Therapeutic Use: Claims related to methods of treating diseases using the compound, such as cancer, autoimmune disease, or infectious disease.
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Dependent Claims:
- Narrower claims dependent on the independent claim, covering specific variations, such as stereochemistry, salt forms, formulations, or dosage forms.
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Claims for Combinatory Use:
- The patent may include claims directed at combinations with other drugs, enhancing efficacy or stability.
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Range of Scope:
- While broad chemical claims aim for extensive protection, Chinese patent office (SIPO) often favors narrower claims for clarity and novelty. The exact scope depends on the claim language, which must be precise without overbreadth.
Patent Landscape Context
1. Patent Families and Related Patents:
The patent landscape surrounding CN102838607 includes numerous filings:
- National Phase Entries: Other jurisdictions such as the US, EP, and JP likely have corresponding filings, forming a patent family.
- Patent Thickets: Multiple similar patents may exist, covering incremental modifications, formulations, or methods, creating a layered landscape.
- Patent Clusters: Chinese innovator filings and international patent applications (via PCT) contribute to a dense cluster around similar chemical structures or therapeutic indications.
2. Competitor Patents and Freedom to Operate (FTO):
- Potential patent thickets could create barriers for commercialization, particularly if competitors hold overlapping claims.
- Broad chemical structure claims could restrict generic development unless regions with weaker patent rights or enforcement are targeted.
3. Prior Art & Novelty:
- The patent's claims likely hinge on a novel chemical scaffold or unexpected pharmacological activity.
- Chinese patentovigilance emphasizes inventive step, ensuring claims are not obvious over prior art.
4. Patent Term & Market Position:
- Filing in 2012, the patent's expiry may be around 2032-2033, considering patent term extensions and adjustment.
- Dominant patent rights from this patent could grant exclusivity, subject to maintenance and litigation.
Legal & Strategic Considerations
- Strict Claim Interpretation: Chinese courts interpret claims with a focus on clarity; broad claims are scrutinized.
- Patent Validity and Enforcement: Effective enforcement depends on demonstrating infringement via claim scope, and validity can be challenged via prior art.
- Complementary Patents: Other patents may cover formulations, delivery systems, or specific uses, enabling comprehensive protection.
Future Innovations and Competition
- Follow-up Patents: Researchers or companies often file continuation or improvement patents to extend protection, especially for derivatives or new therapeutic indications.
- Blockchain & Data Sharing: The landscape is increasingly complex with data sharing in China, affecting patent strategy.
Conclusion
CN102838607 exemplifies a strategic compound or method patent designed to carve a niche within China's and global pharmaceutical patent landscape. Its scope is primarily built around a specific chemical entity with derived formulation and therapeutic claims. The patent landscape includes numerous related filings, making awareness of potential patent thickets essential for aggressive market entry or licensing. Understanding the nuanced claim language and the evolving Chinese patent environment is critical to leveraging, defending, or designing around such patents.
Key Takeaways
- The patent's scope is anchored in specific chemical structures and therapeutic methods, offering robust protection if claims are broad yet well-supported.
- Exact claim language determines legal enforceability; narrow claims may limit scope but strengthen validity.
- The patent landscape features overlapping patents; comprehensive landscape analysis and freedom-to-operate assessments are imperative.
- Continuous innovation, including filing for improvements and derivatives, is common to sustain market exclusivity.
- Strategic patent management in China requires careful navigation of local patent law nuances, especially concerning claim clarity and prior art.
FAQs
1. How does Chinese patent law influence the scope of drug patents like CN102838607?
Chinese patent law emphasizes novelty, inventive step, and claim clarity, often leading to narrower patent claims that focus on specific chemical structures or formulations, thereby influencing the breadth of protection.
2. Can the claims of CN102838607 be challenged or invalidated?
Yes. Patent validity can be challenged through opposition procedures or litigation by demonstrating prior art, lack of inventive step, or insufficient disclosure.
3. How does the patent landscape impact drug development based on CN102838607?
A dense patent landscape with overlapping patents can hinder generic development, requiring careful freedom-to-operate analyses and potential licensing negotiations.
4. Are formulation and method claims as robust as chemical structure claims in Chinese patents?
Chemical structure claims often provide broader protection; formulation and method claims, while valuable, tend to be narrower. Their robustness depends on claim drafting and prior art.
5. What strategic steps should a company consider when developing drugs related to CN102838607?
Conduct comprehensive patent landscape analysis, monitor relevant filings, consider patent filing for improvements or new indications, and develop licensing or partnership strategies.
References
- Chinese Patent Office (CNIPA) detailed patent database entries for CN102838607.
- Patent landscape reports on Chinese pharmaceutical patents (e.g., WIPO, PatSnap).
- Chinese Patent Law and Regulations (2019).
- Recent legal cases related to drug patents in China from Chinese courts’ public records.
