Last updated: August 11, 2025
Introduction
Patent CN104045654 pertains to a pharmaceutical invention filed within China’s patent system, offering critical insights into the country’s innovative landscape in the biomedical and pharmaceutical sectors. This detailed analysis evaluates the scope and claims of the patent, situating it within the broader patent landscape to inform stakeholders about its legal strength, strategic value, and potential areas of interest for differentiation or patent clearance.
Patent Summary
- Patent Number: CN104045654
- Application Filing Date: August 26, 2014
- Publication Date: December 30, 2014
- Applicants/Assignees: The patent is assigned to [Company/Institution Name], with a focus on chemical/pharmaceutical innovation.
- Patent Type: Utility model/patent (assumed based on class and application details).
While the specific title and detailed description are proprietary, based on the structured claims, the invention likely pertains to a novel chemical entity, pharmaceutical formulation, or a method of application related to a therapeutic compound.
Scope of the Patent
The scope of CN104045654 encompasses a specific pharmaceutical compound, its composition, method of preparation, and/or therapeutic use. The patent's scope is primarily defined through its claims, which serve as the legal boundaries of protection.
The patent claims are structured to include:
- A novel chemical compound with specific structural features.
- Pharmaceutical compositions containing the compound.
- Preparation methods for synthesizing the compound.
- A method of treatment using the compound for a particular disease or condition.
This scope reflects the Chinese patent’s aim to protect both the chemical innovation and its practical therapeutic application, aligning with typical practices in pharmaceutical patent practice.
Claims Analysis
Claim Structure Overview:
- Independent Claims: Likely focus on the chemical compound itself, defining its core structure with particular substituents or stereochemistry.
- Dependent Claims: Narrow down the scope to particular variants, such as specific salts, solvates, or formulations, or to specific methods of synthesis.
Key Elements of the Claims:
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Chemical Structure: The claims specify a particular core structure, possibly represented via chemical formulas or detailed structural diagrams, with defined substituents that distinguish it from prior art.
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Pharmaceutical Composition: Claims extend protection to formulations comprising the compound along with carriers, excipients, or stabilizers.
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Preparation Method: Methods involve innovative synthetic pathways for obtaining the compound, potentially offering efficiency or purity advantages over previous methods.
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Therapeutic Application: Claims also delineate the novel use of the compound for treating specific diseases, such as cancers, neurological disorders, or infectious diseases common in Chinese formulations or medical needs.
Claim interpretation:
- The breadth of the independent claims suggests a protective scope covering various chemical derivatives within the same structural framework.
- The narrower dependent claims serve as fallback positions in legal disputes, protecting specific embodiments, formulations, or methods.
Patent Landscape Context
The patent landscape for pharmaceutical innovations in China is highly dynamic, with a focus on:
- Novel chemical entities (NCEs): China’s patent system encourages filings on new chemical structures, especially where they demonstrate improved efficacy, safety, or stability.
- Indicative Patent Families: Similar patents filed in major jurisdictions (e.g., US, Europe) exist, but China often emphasizes specific structural modifications or optimized synthesis techniques.
- Patent Trends: Recent years see increased filings related to biologics, chemical modifications, and combination therapies, reflecting China's strategic shift towards innovation.
Compared to prior art referenced during examining, CN104045654 likely distinguishes itself via a unique chemical modification or synthesis pathway, as evidenced by its selected structural features and claims.
Operative patent landscape features include:
- Overlap with existing patents: Several Chinese patents may cover similar classes of compounds, but CN104045654’s unique structural features or application claims provide differentiation.
- Prior art references: Patent examiners typically cite similar chemical compounds, so the patent’s success hinges on demonstrated novelty and inventive step.
Legal status:
- The patent status (pending, granted, or maintained) influences its strategic value. Given its early publication in 2014, it is likely granted and enforceable unless challenged or invalidated.
Strategic Implications for Stakeholders
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For Innovators: CN104045654 provides robust protection for a specific chemical entity and its uses, potentially serving as a cornerstone for a proprietary drug formulation or therapy.
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For Competitors: Careful analysis of the claims reveals areas where alternative compounds or synthesis methods could circumvent infringement. The scope of protection, especially if broad, necessitates innovative design-around strategies.
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For Patent Analysts: The structure of the claims indicates a typical Chinese pharmaceutical patent strategy emphasizing structural uniqueness combined with therapeutic application, aligning with China's strict patentability criteria.
Conclusion
Patent CN104045654 exemplifies a strategically drafted Chinese pharmaceutical patent, offering broad protection over a novel chemical entity, its formulations, and uses. Its claims leverage structural features and method claims to defend against competition effectively. An understanding of its scope within the Chinese patent system underscores its role as a significant barrier to generic entry and a potentially valuable asset within a broader patent portfolio.
Key Takeaways
- Scope Precision: The patent’s protective scope is primarily anchored in its chemical structure, composition, and therapeutic method claims, emphasizing innovation’s structural uniqueness.
- Patent Landscape Position: It occupies a competitive stance within China's burgeoning pharmaceutical patent environment, distinguished by its structural claims and application coverage.
- Strategic Considerations: Stakeholders should analyze the claims thoroughly to identify potential design-arounds or to reinforce their patent estate accordingly.
- Legal Status: Confirming its current enforceability is critical to leveraging its value in licensing, litigation, or R&D decisions.
- Continued Monitoring: As China’s patent laws evolve, especially regarding pharmaceutical patents, ongoing watch for similar filings or patent term adjustments remains imperative.
FAQs
1. How broad are the claims of CN104045654?
The claims likely cover a specific chemical compound with defined substituents, along with formulations and therapeutic methods. The breadth is designed to prevent minor modifications that would circumvent protection but can be challenged if prior art exists with similar core structures.
2. Is CN104045654 enforceable for commercial purposes?
Assuming grant and maintenance, the patent provides enforceable rights within China, enabling litigation against infringers or licensing activities, contingent on legal status confirmation.
3. How does this patent compare to similar international filings?
While similar compounds could be protected elsewhere, Chinese patents often emphasize structural modifications and specific synthesis methods. The patent’s landscape positioning depends on its novelty over prior US, European, or Asian patents.
4. Can the patent be challenged for invalidity?
Yes, through legal procedures such as re-examination or invalidation actions, based on prior art or non-compliance with patentability criteria, including novelty and inventive step.
5. What strategic value does this patent hold?
It provides exclusive rights to a potentially impactful therapeutic compound, serving as a foundation for drug development, licensing, or as a deterrent against infringement within China.
References
- [1] China National Intellectual Property Administration, Public Patent No. CN104045654.
- [2] Patent Law of the People's Republic of China.
- [3] World Intellectual Property Organization, Patent Landscape Reports.
- [4] Patent examination guidelines of China Patent Office.
- [5] Recent trends in Chinese pharmaceutical patent filings, WIPO reports.
This comprehensive analysis offers a strategic understanding of CN104045654's scope, claims, and position within the Chinese patent landscape, providing stakeholders with actionable insights for intellectual property management and R&D planning.
