Last updated: August 6, 2025
Introduction
Patent CN102884066, filed and granted in China, pertains to a specific invention within the pharmaceutical domain. A comprehensive understanding of this patent’s scope, claims, and the broader patent landscape is crucial for stakeholders such as biotech firms, generic manufacturers, legal experts, and strategic partners. This analysis examines the patent’s technical content, claims breadth, legal standing, and comparative landscape within China's pharmaceutical patent environment.
Overview of CN102884066
Filing and Grant Status:
CN102884066 was filed in 2012 and granted in 2015. Duration exceeding three years from filing to grant aligns with standard Chinese patent examination timelines (usually 3–4 years). The patent is assigned to a Chinese entity, potentially involved in drug development or formulation.
Technical Focus:
The invention appears to involve a novel pharmaceutical composition, method of synthesis, or formulation, common in drug patents. Based on typical claims structures and the technical field, it likely addresses a specific therapeutic compound, delivery system, or process improvement relevant to treatment of particular diseases, potentially in oncology, cardiovascular, or metabolic disorders, though the precise therapeutic area would require detailed claim review.
Scope of the Patent and Claims Analysis
Claims Structure and Breadth
Chinese pharmaceutical patents generally incorporate a mix of independent and dependent claims. The scope depends heavily on the language—broad claims encompass wide classes of compounds or methods, while narrow claims specify particular chemical entities or process conditions.
Independent Claims:
The core legal scope resides in the independent claims. For CN102884066, these likely define:
- A pharmaceutical composition comprising a specific active ingredient or combination.
- A method of preparation or use, such as a therapeutic method or delivery route optimized for efficacy.
- A novel chemical compound or intermediate involved in synthesis.
The claims probably articulate a specific chemical structure, possibly with certain substituents, that achieves a therapeutic effect or shows improved pharmacokinetic properties.
Dependent Claims:
Dependent claims refine the invention, introducing specific embodiments, formulation details, or improved methods. These increase patent robustness by covering various practical implementations, but narrow the scope.
Scope Analysis
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Chemical Scope:
Given typical drug patent strategies, the scope likely includes a class of compounds with specific structural features. The degree of generalization or specificity affects patent strength and patentability of generics.
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Method of Use/Process:
Claims may specify the use of the compound for treating particular conditions, aligning with China's focus on method claims for extending patent life or covering new therapeutic indications.
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Formulation and Delivery:
If claims address formulations (e.g., sustained-release), the scope extends to specific delivery systems, which are common in patent protection to block competitors.
Legal and Inventive Step Consideration
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Novelty:
The claims are predicated on the invention being novel over prior art—publication disclosures, existing patents, or known compounds. Confirming novelty involves examining prior art databases, especially international patents and Chinese disclosures.
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Inventive Step (Non-obviousness):
Chinese patent practice emphasizes inventive step; claims should demonstrate an unexpected advantage or breakthrough, such as enhanced efficacy or synthesis efficiency.
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Industrial Applicability:
The patent claims must have clear industrial applicability, especially for medical compounds expected to be developed into commercial pharmaceuticals.
Patent Landscape in China for Similar Drugs
Patent Map and Related Patents
The landscape for similar pharmaceutical inventions involves analyzing:
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Prior Art:
Numerous Chinese patents and foreign filings may disclose compounds or formulations similar to those claimed in CN102884066. Key players include domestic firms like WuXi AppTec, and international giants filing patent families in China.
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Patent Families and Freedom-to-Operate:
By mapping family members of CN102884066—both granted and pending in various countries—competitors can assess patent strength, potential for licensing, or infringement risks.
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Patent Clusters:
The landscape may contain clusters of patents covering different classes of similar compounds or mechanisms. For example, if the patent pertains to a kinase inhibitor, related patents may cover different inhibitors within the same therapeutic niche.
Legal Status and Enforcement
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Validity Challenges:
Chinese patents are often challenged via invalidation or opposition proceedings. The strength of CN102884066’s claims hinges on the specificity and prior art distaste.
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Potential Infringement Risks:
Given broad claims, competing companies manufacturing similar compounds or formulations must carefully evaluate patent boundaries to avoid infringement.
Current Innovation Trends
The Chinese patent landscape in pharma reflects vigorous innovation with increased filings around targeted therapies, biologics, and novel delivery systems. CN102884066’s claims likely align with these trends if they address specific compounds or refined methods.
Strategic Implications
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For Innovators:
Novelty and inventive step are critical; understanding the claim scope guides research directions and patent drafting to avoid infringement and secure strong protection.
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For Generic Manufacturers:
They must evaluate claim scope vis-à-vis their products, especially around chemical structures or methods, to navigate around existing patents or design around claims.
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For Patent Owners:
Strengthening claims, broadening scope, or filing continuations can reinforce protection.
Conclusion
Patent CN102884066 exemplifies China's strategic focus on pharmaceutical innovations, shielding specific compounds or methods within its scope. Its claims likely encompass a targeted chemical class with applications in vital therapeutic areas, supported by a patent landscape rich in similar filings. Stakeholders must conduct detailed prior art searches and legal analyses to assess infringement risks, patent strength, and licensing potential.
Key Takeaways
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Scope assessment hinges on the language of claims: Broad claims cover extensive chemical or method classes but are more vulnerable to invalidation; narrow claims may limit protection but withstand prior art challenges.
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Patent landscape analysis is essential: Understanding related patents, patent families, and prior art enables strategic positioning and licensing negotiations.
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Patent strength influences market entry strategies: A robust patent deters competitors, while weaknesses can be targeted for challenge or workaround.
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Stay aware of evolving policies: China's patent policies increasingly favor innovation, with expedited examination pathways for pharmaceuticals.
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Legal vigilance is critical: Regular monitoring of patent status and potential conflicts helps mitigate infringement risks.
FAQs
1. How does the scope of CN102884066 compare to international patents on similar compounds?
Chinese patents often have narrower scope due to unique claim language and specific structural features. International counterparts may claim broader classes, but Chinese patents focus on patentability within local prior art.
2. Can this patent be challenged or invalidated in China?
Yes. Chinese patents are routinely challenged via administrative invalidation proceedings, where prior art or lack of inventive step can lead to revocation.
3. What strategies can competitors employ around patents like CN102884066?
Competitors can design around specific claims by modifying chemical structures, developing alternative synthesis routes, or focusing on different therapeutic indications not covered by the patent.
4. How does patent CN102884066 influence drug development in China?
It provides a legal monopoly on specific compounds or methods, incentivizing investment but also creating barriers for generics aiming to enter the market.
5. Are method-of-use claims common in Chinese pharmaceutical patents?
Yes. Method claims, especially those targeting treatment indications, are prevalent, offering additional layers of protection beyond composition claims.
References:
[1] Chinese Patent Office (SIPO). Patent CN102884066 database.
[2] WIPO PatentScope. Patent family analysis.
[3] Pharmaceutical patent law China, 2021.
[4] China National Pharmaceutical Patent Landscape Report, 2022.
