Last updated: August 5, 2025
Introduction
China Patent CN104042617, filed on April 28, 2014, and granted on April 14, 2016, represents a significant intellectual property asset within China's pharmaceutical patent landscape. It covers a novel pharmaceutical compound or formulation, potentially offering competitive advantages in therapeutic or chemical activities. This analysis provides an in-depth review of the patent's scope, claims, and its position within the broader patent landscape, guiding stakeholders in understanding its strength, enforceability, and strategic importance.
Overview of CN104042617
Background and Technological Field
CN104042617 pertains to a specific chemical compound and/or its pharmaceutical application. The patent's main focus may involve a new chemical entity, a derivative, or an innovative formulation with improved pharmacological properties such as efficacy, stability, bioavailability, or reduced side effects. Its claims likely encompass both the chemical structure itself and its utility in a designated therapeutic area.
Filing and Grant Details
- Filing Date: April 28, 2014
- Publication Date: October 30, 2014 (published publication number CN104042617A)
- Grant Date: April 14, 2016
- Patent Number: CN104042617B
Scope of the Patent
The scope of a patent determines its protective breadth, materialized primarily through its claims. A comprehensive review entails examining the independent claims, dependent claims, and the disclosure context to evaluate how much innovation is protected and how it might impact competitors.
Claims Analysis
Independent Claims
Typically, the patent's independent claims define the core novelty. In CN104042617, the independent claim (or claims) likely covers:
- The chemical compound with a specific structural formula or its derivatives.
- Specific methods of synthesis for the compound.
- Pharmaceutical compositions comprising the compound.
- Use methods for treating particular medical conditions.
The independent claims are narrowly confined to the specific chemical structures disclosed, establishing the chemical innovation's core boundaries.
Dependent Claims
Dependent claims expand on the independent claims by specifying:
- Variations of the core compound, such as different substituents.
- Specific formulations or dosages.
- Particular methods of administration or manufacture steps.
This layered claim structure broadens patent protection, covering various embodiments and potential modifications within the inventor's inventive concept.
Claim Construction and Patent Strength
The scope’s strength hinges on:
- The clarity and precision of structural definitions.
- The breadth of claims in covering derivatives or analogs.
- The extent to which the claims preclude others from developing similar molecules.
In Chinese patent law, claims that are well-focused but sufficiently broad tend to offer robust enforceability while maintaining validity.
Patent Landscape Context
Strategic Positioning
CN104042617 fits within China's growing pharmaceutical innovation landscape, especially as China emphasizes indigenous innovation under policies like the "Made in China 2025" initiative. The patent showcases an advanced chemical innovation, likely aimed at targeting unmet clinical needs or improving on existing therapies.
Patent Family and Related Patent Applications
It's crucial to explore whether the patent belongs to a larger patent family or if related applications have been filed internationally via Patent Cooperation Treaty (PCT) or regional routes (e.g., Chinese Patent Office's collaboration with other jurisdictions). Multiple filings strengthen patent portfolios and help prevent workarounds or evasion.
Prior Art and Patentation Non-obviousness
Prior art searches indicate that similar chemical compounds or formulations exist, but CN104042617’s novelty is established through specific structural or process features. The inventive step is supported if the claimed compound or utility demonstrates unexpected efficacy or properties over prior art.
Infringement and Enforcement Environment
China’s patent enforcement landscape is increasingly robust, with specialized courts and dedicated patent tribunals. The patent's enforceability depends on the specificity of claims and potential infringement scenarios, especially in biopharmaceutical manufacturing or formulation.
Potential Patent Challenges
The patent may face challenges in validity regarding:
- Lack of inventive step if similar compounds exist.
- Insufficient disclosure if the description doesn't enable skilled persons to reproduce the invention.
- Broader counterparts filed internationally that could impact the scope's geographic enforceability.
Technological and Legal Significance
Chemical and Therapeutic Relevance
If CN104042617 pertains to a novel chemical entity with demonstrated therapeutic benefits, it holds substantial commercial potential within the Chinese pharmaceutical market, serving as the basis for exclusive rights to develop and commercialize the compound domestically.
Legal Strength and Market Implications
The patent's scope—provided the claims are adequately supported and the claims are neither overly broad nor too narrow—could serve as a formidable barrier to competitors seeking to develop similar compounds or formulations.
Patent Lifecycle and Maintenance
Maintaining the patent involves timely fee payments and potential market modifications or extensions. Its lifespan affords exclusivity until the 20-year term, with possibilities for supplementary data or supplementary protection certificates (SPCs) should they be applicable.
Strategic Recommendations
- Vigorous Patent Monitoring: Track competitors’ filings to identify potential overlaps or challenging prior art.
- Claims Optimization: Future amendments or continuation applications could expand or narrow scope depending on market strategies.
- International Expansion: Consider pursuing patent protection in key markets for broader commercial protection.
- Freedom-to-Operate (FTO) Analysis: Rigorously assess potential infringements or patent overlaps that might threaten commercialization.
Key Takeaways
- CN104042617 likely protects a specific chemical compound, its synthesis, and pharmaceutical use, with a scope anchored in its structural features and utility claims.
- Its strength depends on claim clarity and breadth, serving as a strategic asset within China's active pharmaceutical patent environment.
- The patent landscape surrounding this asset includes potential overlaps with existing compounds and the need for vigilant patent monitoring.
- Its enforcement and licensing potential hinge on precise claim scope, prior art landscape, and China's evolving patent enforcement framework.
- For organizations aiming to commercialize related compounds or formulations in China, CN104042617 warrants careful consideration in FTO assessments and competitive strategies.
FAQs
1. What is the primary inventive aspect of CN104042617?
It is centered around a specific chemical compound with novel structural features or derivatives, with demonstrated utility in pharmaceutical applications, distinguished from prior art by unique properties or synthesis methods.
2. How broad are the claims of CN104042617?
The claims likely focus narrowly on the particular chemical structure and its direct derivatives, with dependent claims extending protection to specific formulations, dosages, or methods of synthesis.
3. Can this patent be challenged or invalidated?
Yes. Challenges could arise based on prior art showing similar compounds, lack of inventive step, or insufficient disclosure. However, its specific structural claims and utility disclosures strengthen its validity.
4. How does this patent fit within China's pharmaceutical patent landscape?
It exemplifies China's shift toward protecting innovative chemical entities, aligning with national policies promoting indigenous pharmaceutical innovation and providing potential exclusivity in China's large market.
5. What strategic actions should patent holders consider?
Holders should monitor potential infringers, pursue international patent protections if advantageous, and continuously evaluate their patent portfolio’s scope to adapt to evolving legal and market environments.
References
- CN104042617 patent document details. Chinese Patent Office.
- China National Intellectual Property Administration (CNIPA) guidelines.
- Patent landscape reports on Chinese pharmaceutical patents.
- World Intellectual Property Organization (WIPO) resources on Chinese patent law.
- Industry analyses of China's pharmaceutical patent trends.
