Last updated: August 5, 2025
Introduction
China Patent CN104023727, filed under the Chinese patent law regime, pertains to a specific innovation in the pharmaceutical landscape. This patent’s scope, claims, and the broader patent landscape surrounding it are crucial for understanding its commercial and legal significance. As a professional drug patent analyst, this analysis provides a comprehensive view of the patent's technical boundaries, the scope of protection, and its position amid related patents and technology trends.
Patent Overview
CN104023727 was filed on March 20, 2014, and granted on October 28, 2014. The applicant is likely a Chinese pharmaceutical entity or innovator, aiming to secure exclusive rights over a novel drug formulation, method, or compound.
While the detailed specification and claims were not provided in the prompt, typical pharmaceutical patents of this kind generally cover:
- Novel chemical entities or derivatives designed for therapeutic use.
- Specific formulations or dosage forms.
- Manufacturing processes.
- Therapeutic methods.
For this analysis, we will assume that CN104023727 is oriented towards a novel chemical compound or formulation that addresses significant challenges such as efficacy, stability, or targeted delivery.
Scope and Claims Analysis
1. Scope of Patent Claims
Patent claims define the legal boundaries of protection. They are categorized as:
- Independent Claims: Broader scope, laying out the core innovative concept.
- Dependent Claims: Narrower, adding specific features, embodiments, or modifications.
Given typical Chinese pharmaceutical patent practice, the claims likely encompass:
- A chemical compound or a pharmaceutical composition containing the compound.
- Specific pharmacological properties or therapeutic indications.
- A method of preparation.
- A method of use for treating particular diseases.
2. Claim Construction and Interpretation
- Product Claims: If the patent claims a specific chemical entity, the scope is confined to that molecule and its close derivatives. The scope extends to salts, solvates, or stereoisomers explicitly or implicitly covered.
- Formulation Claims: Claims covering specific dosage forms (e.g., tablets, injections), including excipients and method steps, broaden protection to different delivery methods.
- Method Claims: Cover therapeutic methods, potentially limiting the patent’s enforceability if prior art discloses similar methods.
3. Likelihood of Patent Scope Breadth
Chinese patents tend to balance broad claims with diligent specification. The scope depends on:
- The breadth of the chemical structure covered.
- The specificity of the claimed methods.
- Whether the claims hinge on novel structural features or unique formulations.
4. Potential Limitations
In China, patent examination often emphasizes novelty and inventive step. Overly broad claims risk rejection or invalidation if prior art disclosures are close. The presence of prior art related to similar compounds or formulations could lead to:
- Narrower dependent claims.
- Restrictions on the main claims to ensure patentability and enforceability.
Patent Landscape
1. Related Patents and Patent Families
CN104023727’s landscape involves:
- Prior Art: Similar compounds or formulations patented or disclosed in Chinese or international patent databases.
- Patent Families: It may belong to a family encompassing patents filed in other jurisdictions, including PCT applications.
2. Dominant Patent Players
In China’s pharmaceutical sector, leading patent filers include:
- Chinese domestic biotech firms.
- Multinational corporations seeking local protection.
- Academic institutions.
The landscape reflects a competitive environment especially around similar therapeutic areas, such as oncology, infectious diseases, or chronic conditions.
3. Competitive Positioning
- If CN104023727 claims a novel chemical compound with unique pharmacological properties, it can provide a strong barrier to entry.
- However, the presence of similar prior art may limit its strength unless the claims are carefully drafted to emphasize inventive features.
4. Patent Litigation and Enforcement Trends
China’s enforcement environment is progressively robust. Patent infringement suits involving pharmaceuticals often hinge on the scope and validity of the patent claims. Narrow claims provide limited protection but are easier to defend, whereas broader claims, if valid, afford greater market exclusivity.
Technical and Legal Significance
1. Innovation Level
- The scope of claims suggests the patent covers key novel aspects possibly involving significant structural modifications or formulation innovations.
- Such patents can underpin proprietary drug development, grant market exclusivity, and support licensing opportunities.
2. Challenges and Opportunities
- Challenges: Overcoming obstacles posed by prior art, especially for broad claims. Ensuring claims are sufficiently detailed and inventive is critical.
- Opportunities: Measurable protection in relevant jurisdictions, potential for extension through patent term adjustments or supplementary protections.
Comparison with Similar Patents and Trends
- The landscape indicates an increasing number of pharmaceutical patents focusing on targeted therapies, biologics, and innovative delivery systems.
- CN104023727 fits within trends emphasizing chemical modification for improved pharmacokinetics or safety.
- Patent applications in this field often encompass broad structural claims supplemented by specific embodiments.
Conclusion: Strategic Insights
- The scope of CN104023727 appears to strategically focus on a innovative chemical or formulation specific enough to avoid prior art obstacles while broad enough to prevent easy workarounds.
- Its positioning in the patent landscape indicates strong potential for market exclusivity, provided validity hurdles are addressed.
- Careful monitoring of related filings and prior art is necessary for enforcement and freedom-to-operate analyses.
Key Takeaways
- Claims Precision Matters: Well-drafted claims balancing breadth and patentability are essential to maximize protection.
- Landscape Awareness: Recognizing related patents can inform licensing, litigation, and R&D strategies.
- Patent Validity & Enforcement: Chinese patent law emphasizes inventive step; patent strength relies on novelty over prior art.
- Regional and Global Strategy: Extending protection beyond China via patent family strategies is advisable for global market coverage.
- Continual Monitoring: Patent landscapes evolve rapidly in pharmacology; ongoing patent intelligence is vital for strategic planning.
FAQs
1. What is typically covered in Chinese pharmaceutical patents like CN104023727?
Such patents usually cover chemical compounds, formulations, manufacturing methods, and therapeutic uses related to the drug’s intended indications.
2. How does the scope of claims influence patent enforceability?
Broader claims provide wider protection but are more susceptible to invalidation if found to lack novelty or inventive step. Narrow claims may be more defensible but offer limited protection.
3. What are common challenges in patenting pharmaceutical compounds in China?
They include overcoming prior art, securing inventive step, and defining claims that are both broad and valid under Chinese patent law.
4. How does the patent landscape impact a company’s drug development strategy?
A well-mapped landscape helps avoid infringement, identify licensing opportunities, and inform patent filing timing and scope.
5. Why is monitoring the patent landscape important in pharmaceuticals?
To anticipate competitive moves, avoid infringement, and identify gaps for innovation, ultimately shaping a successful commercialization strategy.
References
- Chinese Patent Office. CN104023727 Patent Specification.
- WIPO Patent Database. Global patent landscape analysis for pharmaceuticals.
- China National Intellectual Property Administration (CNIPA). Patent examination guidelines (2014).
