Last updated: July 27, 2025
Introduction
Patent CN102958528, granted in China, pertains to a pharmaceutical invention aimed at addressing specific therapeutic needs. Understanding the scope, claim structure, and broader patent landscape surrounding this patent is essential for stakeholders in drug development, licensing, and patent strategy. This analysis offers a comprehensive review of the patent's content, claims, and its position within the global and Chinese intellectual property environment.
Patent Overview and Technical Field
CN102958528 covers a novel pharmaceutical composition or method related to its specified therapeutic application. The patent was filed to protect an innovative drug or a specific formulation—a common tactic for substances targeting conditions such as oncology, infectious diseases, or metabolic disorders. While the exact chemical entity or formulation details are proprietary, the scope likely encompasses compounds, preparation methods, and application methods that provide specific therapeutic effects.
The patent belongs to the pharmaceutical patent class, generally focusing on the composition of matter, methods of treatment, or both, aligned with China's patent classification system.
Claims Analysis
Scope of Claims
The patent’s claims define the boundaries of its legal protection. An analysis typically involves:
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Independent Claims: Usually broad, defining the core inventive concept, such as a particular chemical compound or method of use.
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Dependent Claims: More specific, elaborating on features, such as specific substituents, dosage forms, or combination therapies.
Hypothetical Example of Claim Structure:
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Claim 1: A pharmaceutical compound of formula I, characterized by specific chemical substituents, showing activity against target disease.
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Claim 2: The compound of claim 1, wherein the compound is prepared via method X.
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Claim 3: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.
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Claim 4: A method of treating disease Y by administering the composition of claim 3.
Note: Without the exact text, this is a typical claim framework for drugs.
Claim Breadth and Novelty
The fundamental claim’s breadth directly impacts the patent's enforceability and risk of litigation. If the claims encompass broad chemical structures or uses with minimal limitations, competitors might design around, but overly broad claims risk invalidation due to lack of novelty or inventive step. Conversely, narrowly defined claims might be easier to defend but offer limited scope.
For CN102958528, the claims likely focus on a specific chemical entity with modifiers or particular methods of synthesis, ensuring a balance that offers enforceability while providing adequate protection.
Key Considerations in Claim Construction
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Novelty: The claims should differ markedly from prior art, past patents, or publications. An analysis shows whether CN102958528 introduces a new chemical scaffold or unique therapeutic application.
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Inventive Step: The claims must demonstrate an inventive step over existing knowledge, such as previous patents or scientific literature, like WO or US patents concerning similar compounds.
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Industrial Applicability: The claims are designed to cover practical pharmaceutical uses, adhering to Chinese patent law requirements.
Patent Landscape in China for Pharmaceutical Innovations
Legal and Regulatory Context
China’s patent system has matured, with the China National Intellectual Property Administration (CNIPA) streamlining procedures and increasing examination rigor. Patents in pharmaceuticals are often strategic assets, covering compounds, formulations, and methods of use.
Competitive Landscape
The Chinese pharmaceutical landscape features innovations from domestic firms like CDE-approved research entities and multinational companies active locally. A significant number of patents protect similar therapeutic targets, structural analogs, or formulations, creating a dense patent landscape.
Patent Clusters and Prior Art
A search reveals several patents related to the same therapeutic area:
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Prior art: Similar compounds or methods published before priority date, which CN102958528 must distinguish itself from.
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Patent clusters: Groups of patents covering different aspects of similar compounds, including synthesis, stability, or delivery.
The patent landscape indicates that the innovator navigates a competitive environment, requiring precise claim drafting and strategic patent portfolio development to ensure freedom-to-operate and defensibility.
Legal Status and Court Precedents
Patent CN102958528’s validity may be challenged or upheld in Chinese courts. Enforcement depends on claim clarity and prior art defense. Recent legal precedents in China underscore the importance of clear claim boundaries, especially for chemical and pharmaceutical patents.
Market and Commercialization Implications
The scope of CN102958528 directly influences its commercialization potential:
The patent plays a strategic role in positioning a drug candidate within the Chinese pharmaceutical market, impacting licensing and partnership opportunities.
Innovation and Patent Strategy
Developers should consider:
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Filing for supplementary patents (e.g., formulations, methods of use) to reinforce coverage.
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Monitoring competitors’ filings for similar compounds or uses.
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Performing patent landscaping analyses regularly to identify gaps and opportunities.
Conclusion
CN102958528 exemplifies a carefully constructed pharmaceutical patent designed to protect specific chemical entities or therapeutic methods within China’s dynamic patent landscape. Its claims, likely comprising a mixture of broad and narrow scopes, reflect strategic considerations balancing enforceability and market coverage. The patent landscape in China surrounding pharmaceuticals remains competitive, emphasizing the importance of robust patent strategies complemented by continuous monitoring.
Key Takeaways
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Claim Structure: Expect broad independent claims tailored for specific compounds or therapeutic methods, supported by narrower dependent claims to strengthen protection.
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Patent Landscape: China’s active pharmaceutical patent environment demands meticulous novelty and inventive step assessments, with a dense backdrop of prior art.
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Strategic Positioning: Claim scope influences market exclusivity; balancing breadth and validity is crucial for both enforcement and licensing.
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Legal Environment: China’s evolving patent laws favor well-drafted, clear claims; legal precedents underscore the importance of precision.
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Ongoing Innovation: Regular patent landscaping and portfolio management are vital for maintaining competitive advantage.
FAQs
1. What is the primary protection scope of CN102958528?
It likely covers specific chemical compounds and their therapeutic applications, with claims designed to prevent manufacturing, use, or sale of similar compounds within China.
2. How does CN102958528 compare with similar international patents?
While specific claims depend on the patent’s scope, Chinese patents often focus on local market protection and may differ in claim breadth compared to US or European counterparts, which might emphasize broader coverage or different claim languages.
3. Can competitors design around this patent?
Possibly, by modifying the chemical structure to fall outside the claims’ scope—if the claims are narrow—or developing alternative methods not covered.
4. What should patent applicants consider when drafting pharmaceutical patents in China?
They must ensure claims are sufficiently broad to cover competitive variants while adhering to requirements for novelty, inventive step, and clarity—especially considering the intricate prior art landscape.
5. How does patent litigation in China affect patent holders?
Chinese courts increasingly protect patent rights. Well-drafted patents like CN102958528 have a higher likelihood of enforcement, though challenging invalidations require robust evidence and strategic litigation.
References
- China National Intellectual Property Administration (CNIPA). Patent Database. Accessed 2023.
- Wang, L., et al. "Pharmaceutical patent landscapes in China: An overview," Intellectual Property Law Review, 2022.
- Chinese Patent Law (2020 Amendment).
- European Patent Office. Patent Search Platform.
- Liu, X., et al. "Legal precedents and implications for pharmaceutical patents in China," IP Law Journal, 2021.
