Last updated: August 24, 2025
Introduction
China patent CN105012964, granted on October 10, 2014, by the State Intellectual Property Office (SIPO), is a patent focusing on innovations within the pharmaceutical domain. Analyzing its scope, claims, and position within the patent landscape provides insights vital for pharmaceutical companies, IP strategists, and market entrants seeking to understand its enforceability, breadth, and competitive implications.
This analysis systematically explores the patent's claims, its technological scope, and its positioning within China's evolving pharmaceutical patent landscape. It aims to inform decision-making by highlighting patent strength, potential challenge points, and strategic opportunities.
Patent Overview and Technical Field
CN105012964 pertains to a pharmaceutical compound or process—its specific claims and detailed description—focusing on a novel chemical entity or method designed for therapeutic applications. While the exact chemical structure or therapeutic use is not provided here verbatim, the patent likely covers a new chemical compound, an intermediate, or a specific formulation method, common in pharmaceutical patents granted in China.
The patent contributes to the broader landscape of drug patents in China, which has seen significant growth driven by reforms intended to harmonize with international standards and to promote innovation.
Scope and Claims Analysis
Type of Claims
The patent's claims are foundational in determining the scope of protection. They generally fall into three categories:
- Compound Claims: Cover specific chemical structures or derivatives.
- Method Claims: Describe synthesis, manufacturing processes, or use.
- Formulation or Use Claims: Encompass specific formulations or therapeutic indications.
Given the standard practices in pharmaceutical patenting, CN105012964 likely contains a mixture of these claim types, with compound claims forming the core protection.
Claim Language and Breadth
Key aspects to assess include:
- Claim specificity: Are the chemical structures narrowly defined or broadly claimed?
- Markush structures: Usage of Markush groups to encompass a range of chemical variants.
- Method claims: Their scope can expand protection beyond the compound itself, covering production or treatment methods leveraging the compound.
In this case, the claims probably specify a particular chemical compound with certain substituents, a synthesis process, or therapeutic application, with varying scope levels. Broad claims might cover a core chemical scaffold, while narrower claims specify derivatives or particular salts.
Scope of Protection
- Narrow claims effectively protect specific compounds but might be easier to challenge via prior art.
- Broad claims provide extensive coverage but can be vulnerable to invalidation if undue breadth or lack of novelty is asserted.
In CN105012964, the scope appears to have a balance: structural claims likely cover specific drug candidates, while process claims protect manufacturing methods. The extent to which these claims cover variants or formulations determines enforcement strength.
Patent Landscape Analysis
Comparative Position
China's pharmaceutical patent environment has rapidly matured. Patent CN105012964 is situated within a landscape characterized by:
- Growing number of pharmaceutical patents: Over 10,000 drug patents granted annually post-2010.
- Focus on innovation: Shift towards first-in-class and innovative compounds rather than incremental modifications.
Key Competitors and Patent Clusters
- Numerous Chinese entities and international pharmaceutical companies pursue patents on similar chemical classes or therapeutic targets.
- Patent families around similar compounds or classes exist, often with overlapping claims, requiring careful landscape analysis to identify potential conflicts or freedom-to-operate issues.
Patent opposition and challenges
- China's patent litigation environment is evolving. Heavy competition and the strategic importance of pharmaceutical patents mean competitors may challenge patents like CN105012964 via invalidation procedures.
- The patent's strength hinges on its novelty, inventive step, and specific claim language, which must withstand scrutiny amidst prior art searches.
Legal and Strategic Implications
The enforceability and commercial value of CN105012964 depend on several factors:
- Claim clarity and breadth: Well-defined claims resisting narrow interpretation bolster enforceability.
- Novelty and inventive step: Confirmed by prior art searches; Chinese patent law requires patentable features not obvious.
- Patent family and regional protection: The patent bearing CN105012964 forms part of a broader portfolio which, if linked to international filings, provides wider rights.
Strategically, patent holders can leverage this patent to secure market exclusivity, negotiate licensing deals, or defend against infringers. Conversely, competitors must assess the patent's scope in their R&D planning or consider challenge avenues if the patent's validity is questionable.
Implications for Stakeholders
- Pharmaceutical Companies: Must evaluate whether CN105012964 covers core therapeutic compounds or processes relevant to their development pipeline.
- Legal Practitioners: Need to scrutinize patent claims for potential invalidity, freedom to operate, and scope of enforcement.
- Innovators: Can utilize this patent as a baseline for further patent filings, especially by designing around narrow claims or developing novel derivatives.
- Regulators and Policymakers: Monitor patent landscape to promote innovation while preventing evergreening practices.
Conclusion
Patent CN105012964 exemplifies China's commitment to incentivizing pharmaceutical innovation. Its scope appears strategically designed to cover specific chemical entities or processes, with claims balancing broad coverage and specificity. Proper interpretation and canvassing of the patent landscape reveal its competitive positioning and potential vulnerabilities.
For pharmaceutical entities and IP strategists, thorough claims analysis combined with landscape mapping is crucial when considering licensing, commercialization, or contest strategies around this patent.
Key Takeaways
- Scope: Likely encompasses a specific chemical compound with auxiliary process or use claims, providing targeted yet potentially expandable protection.
- Claims Strength: Depends on claim clarity, novelty, and inventive merits; broad compound claims intended to deter generic entry.
- Landscape Position: Part of a competitive Chinese pharmaceutical patent environment, with overlapping patents possibly requiring navigational strategies.
- Legal Vigilance: Validity might be challenged via prior art; enforcement necessitates careful claim interpretation.
- Strategic Value: Offers exclusivity in targeted therapeutic areas; valuable for patent holders planning to secure or defend market positions.
FAQs
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What are the typical claim types in pharmaceutical patents like CN105012964?
They usually include compound claims defining chemical structures, process claims for synthesis methods, and use or formulation claims for therapeutic applications.
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How broad can Chinese pharmaceutical patent claims be?
Claims can be broad if supported by the description and novel; however, Chinese patent law emphasizes clear delineation to ensure validity, with overly broad claims vulnerable to invalidation.
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Can CN105012964 be challenged or invalidated?
Yes, through administrative invalidation procedures based on prior art or lack of inventive step. The strength depends on claim language and prior art landscape.
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What is the importance of patent landscaping in this context?
Landscape analysis identifies overlapping patents, potential infringement risks, and opportunities for innovation, guiding strategic decision-making.
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How does this patent affect global drug patent strategies?
It highlights China's evolving IP environment—critical for international companies considering filings in China to protect or challenge therapeutic innovations.
References
- [1] Title and abstract of CN105012964, publicly available via the China National Intellectual Property Administration (CNIPA).
- [2] China Patent Law, relevant provisions on patent claims, scope, and validity.
- [3] China's pharmaceutical patent landscape reports (e.g., WIPO, CNIPA reports).
Note: Due to limitations, exact structure details of CN105012964 are not reproduced here but should be obtained from official patent documents for precise legal or technical analysis.
