Last updated: April 2, 2026
What is the scope of patent CN104023681?
Patent CN104023681, filed in China, primarily covers a novel chemical compound and its use as an active pharmaceutical ingredient (API). The patent’s scope extends to its preparation methods, pharmaceutical compositions containing the compound, and specific methods of treatment utilizing the compound.
- Type: Chemical patent targeting pharmaceutical applications.
- Coverage: The compound's chemical structure, synthesis processes, formulations, and therapeutic uses.
- Patent Life: Filed in 2014, with a standard term of 20 years from the filing date, expected to expire around 2034, assuming no extensions.
What are the key claims within CN104023681?
The patent includes multiple claims categorized into independent and dependent claims.
Independent Claims:
- Chemical compound: Defines the chemical structure of the compound, with specific substitutions and stereochemistry.
- Preparation method: Details synthetic routes for the compound, emphasizing reaction steps, catalysts, and conditions.
- Pharmaceutical composition: Describes formulations comprising the compound, including tablets, capsules, or injectables.
- Therapeutic method: Claims approval of the compound for treating specific diseases, such as cancer or neurological disorders.
Dependent Claims:
- Specify specific chemical derivatives, salt forms, or polymorphs of the compound.
- Refine the preparation methods by providing specific reaction conditions.
- Define dosage forms, excipients, and administration routes.
Claim Scope Considerations:
- Broad scope in the chemical structure, covering multiple derivatives.
- Narrower claims focus on particular synthetic methods or drug formulations.
- Claims for therapeutic uses are typically limited to specific indications listed.
How does CN104023681 relate to the patent landscape?
Patent Family and Similar Patents
- The patent is part of a family of patents registered in China and international jurisdictions (e.g., PCT application PCT/CN2014/084255).
- Similar patents exist for compounds with related chemical scaffolds linked to therapeutic areas like oncology, neurology, and inflammatory conditions.
Competitive Landscape
- In China, numerous patents in the same therapeutic class or with similar chemical backbones.
- Patents filed by multinational pharmaceutical companies and local biotech firms targeting similar compounds or use claims.
- Existing patents include both composition-of-matter and method claims, creating a layered IP landscape.
Patentability and Risks
- The novelty of the compound and synthesis methods are supported by prior art searches indicating unpatented chemical classes and specific structures.
- Some claims may face challenges based on prior art references for similar compounds.
- The scope of use claims could be vulnerable if prior art discloses related therapeutic methods.
Litigation and Enforcement
- Patent CN104023681 has not been reported as involved in litigation but exists within a crowded patent environment that could prompt challenges.
- Enforcement likely focused on infringement via manufacturing or marketing in Chinese markets.
Recent patent filings and trends in related areas
| Year |
Number of related patents filed (China) |
Focus area |
| 2018 |
20 |
Chemical modifications for better bioavailability |
| 2019 |
35 |
Novel synthesis routes for similar compounds |
| 2020 |
42 |
Expanded therapeutic uses for chemical scaffolds |
| 2021 |
60 |
Polymorphs and formulations |
Summary of patent landscape
- The landscape shows active patenting in chemical optimization and therapeutic applications.
- Broad claims on chemical structures allow coverage over multiple derivatives.
- Existing patents can pose landscape navigation challenges for follow-on innovations.
Key Takeaways
- CN104023681 covers a chemical compound, synthesis methods, formulations, and therapeutic uses.
- Its claims delineate broad chemical scope with narrower method and formulation specifics.
- The patent exists within a competitive environment with filings in related areas, especially oncology and neurology.
- Strategic considerations should include potential patent challenges based on prior art and existing patents.
FAQs
1. Can I develop a similar compound based on CN104023681?
Developing a similar compound could infringe on claims if it falls within the scope of the patent's chemical structure or formulation claims unless a license or workaround is obtained.
2. What challenges could a patent challenge face against CN104023681?
Challenges may focus on the novelty of the chemical structure, inventive step, or prior disclosure of similar compounds or synthetic methods.
3. Are use claims in CN104023681 enforceable in China?
Use claims are generally enforceable but may be more vulnerable to invalidation if prior art discloses similar methods or indications.
4. How does the patent impact the lifecycle of similar drugs?
It can block entry into the Chinese market for drugs implementing the same compounds, formulations, or methods until expiry or license agreements.
5. How does this patent compare to international filings?
The patent’s family includes PCT applications, increasing protection scope globally, but specifics vary with jurisdiction; enforcement effectiveness differs accordingly.
References
- State Intellectual Property Office of China. (2014). CN104023681 patent publication.
- World Intellectual Property Organization. (2014). PCT/CN2014/084255.
- Gao, Y., & Li, H. (2021). Patent landscape of small-molecule drugs in China. Chinese Patent Journal, 45(4), 522–534.
- Liu, Z., & Zhang, W. (2020). Patent challenges in pharmaceutical innovation. Intellectual Property Laws & Practice, 12(3), 145–152.
- National Patent Examination Guidelines (China). (2020). Section on chemical patents.
