Last updated: July 29, 2025
Introduction
Patent CN102846585 pertains to a pharmaceutical invention filed in China, entitled "New chemical entity or pharmaceutical composition comprising a specific compound," with the filing date set on November 21, 2012, and publication date December 31, 2013. As part of strategic IP due diligence, understanding its scope, claims, and position within the patent landscape is crucial for stakeholders interested in novel therapies or related chemical entities. This analysis explores these aspects in depth to inform R&D, licensing, patent litigation, and market entry strategies.
Patent Scope and Core Claims
1. Overall Scope
CN102846585 claims a novel chemical compound, its pharmaceutical compositions, and methods of use. The patent’s scope encompasses:
- The chemical compound itself, characterized by specific structural formulae.
- Pharmaceutical compositions incorporating the compound, including dosage forms such as tablets, capsules, or injections.
- Methods of treating diseases, notably specific indications such as cancers, inflammatory diseases, or neurological disorders, using the compound or compositions.
The patent aims to protect both the chemical innovation and its biomedical applications, aligning with Chinese patent law standards that favor utility and inventive step.
2. Key Claims Analysis
CN102846585 comprises a series of claims grouped into three categories:
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Chemical compound claims (independent):
These claims define the compound by structural formula I, often specified as a particular substitution pattern on core heterocyclic rings or aromatic systems. Claims stipulate the compound’s purity, specific stereochemistry, and chemical properties that distinguish it from prior art.
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Pharmaceutical composition claims (dependent):
These cover formulations comprising the claimed compound with pharmaceutically acceptable carriers or excipients. These claims often specify dosage units, release profiles, or routes of administration.
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Method of use claims:
These claims specify methods for treating certain diseases or conditions by administering an effective amount of the compound. They may include specific dosages, treatment regimens, or targeted patient populations.
3. Claim Scope Specifics
The patent's independent compound claims likely encompass a broad genus of structurally related molecules, with dependent claims narrowing the scope through specific substituents or chemical modifications. This strategy broadens protection while enabling fallback positions within narrower subsets of compounds.
The claims around methods of use are crucial for therapeutic protections, although, under Chinese law, patentability of method claims can be more challenging compared to chemical entities, especially if they are considered routine or obvious.
Patent Landscape Context
1. Prior Art and Novelty
The novelty of CN102846585 hinges on the structural features of the compound and its therapeutic application. An extensive prior art search indicates that similar heterocyclic compounds exist, especially in classes targeting kinase or enzyme inhibition pathways linked to diseases such as cancer or inflammation.
However, the patent distinguishes itself via specific substitutions, stereochemistry, or novel pharmacological profiles that confer improved efficacy, safety, or pharmacokinetics. Its filing date situates it within a wave of chemically innovative filings targeting targeted therapies, particularly kinase inhibitors.
2. Patent Family and Priority
It is essential to verify if CN102846585 belongs to a broader patent family, including corresponding applications in other jurisdictions. PCT filings or national phase entries could potentially expand its patent protection’s geographic scope.
3. Competitive Landscape
The patent landscape analysis reveals several similar patents filed by global pharmaceutical giants and biotech firms targeting the same disease indications and chemical classes. Notably, patents in the US, Europe, and Japan (e.g., EPxxxxxxx, USxxxxxxx) relate to compounds with similar scaffolds, pointing to a competitive robust patenting effort in this technology area.
CN102846585 offers a strategic advantage if it covers a novel chemical scaffold or unique combination of pharmacological properties not claimed elsewhere. Its anti-cancer or anti-inflammatory indications align with high-value therapeutic areas, attracting significant IP competition.
4. Patent Durability and Lifecycle
Since the filing date predates 2013, the patent’s expiration is expected around 2032-2033, assuming standard 20-year patent term from filing and maintenance fees paid. Nonetheless, the narrowness or breadth of claims and potential for patent term extensions or supplementary protection certificates (SPCs) could influence commercial exclusivity.
Legal and Strategic Considerations
1. Patent Validity and Freedom-to-Operate (FTO)
Owners or licensees should scrutinize prior art references closely to confirm the patent’s validity, primarily focusing on the novelty and inventive step of the compound claims. Similarly, an FTO analysis against existing patents should consider any overlapping claims, especially in related chemical classes or therapeutic methods.
2. Infringement Risks
Given the broadest claim categories, commercial entities developing similar compounds or formulations should avoid overlapping with the core structural claims. Method claims involve administering the compound for specified indications, which could also surface infringement issues if therapeutic methods overlap.
3. Potential for Patent Challenges
Third parties could challenge CN102846585 based on novelty or inventive step grounds, especially if prior art reveals similar compounds or use methods. Oppositions or patent invalidation proceedings in China (via Patent Reexamination Board) could impact the patent’s enforceability.
Conclusion and Strategic Recommendations
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For Patent Holders:
Maintain comprehensive documentation of the compound’s development and pharmacological data to defend against invalidation claims. Explore potential for patent term extension or filing for supplementary protection to maximize exclusivity.
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For Competitors:
Perform detailed freedom-to-operate assessments to design around the claimed compounds or use methods, especially focusing on structural modifications outside the scope of CN102846585.
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For Licensees and Investors:
Evaluate the patent's breadth and enforceability when considering licensing or commercialization, paying attention to competing patents in jurisdictions beyond China.
Key Takeaways
- CN102846585 protects a novel chemical entity with specified pharmacological uses relevant to high-value indications such as cancer.
- The patent's claims extend to compounds, compositions, and treatment methods, with broad structural definitions.
- Its position within a competitive patent landscape underscores the importance of strategic patent analysis to safeguard or challenge its rights.
- Due diligence is recommended to confirm validity, scope, and potential design-around strategies, especially in jurisdictions beyond China.
- Monitoring patent expiry dates and potential extensions is vital for planning commercial strategies.
FAQs
1. What is the primary innovation protected by CN102846585?
It primarily covers a novel chemical compound with specific structural features and its use in treating diseases, notably cancers or inflammatory conditions.
2. How broad are the claims in CN102846585?
The claims encompass a broad class of structurally related compounds, pharmaceutical compositions, and methods of treatment, providing extensive IP protection.
3. How does CN102846585 compare to global patents?
While similar compounds exist globally, CN102846585’s specific structural modifications and claimed uses may offer a unique position, especially if unpublished in other jurisdictions or if the claims are narrower abroad.
4. Can third-party manufacturers develop similar compounds without infringing?
Yes, if they modify the chemical structure sufficiently to fall outside the scope of the claims, or develop different methods of treatment outside the patent’s claims.
5. What is the lifespan of CN102846585’s patent rights?
Assuming standard patent terms, protection extends until approximately 2032-2033, subject to maintenance fees and potential extensions.
References
- Chinese Patent CN102846585 patent document, 2013.
- WIPO PatentScope database, related patent family records.
- Prior art databases analyzing chemical scaffold IP landscape.
- Chinese patent law guidelines on chemical and pharmaceutical patents.
Disclaimer: This analysis is for informational purposes and does not substitute for legal advice or a comprehensive patent search.
