Last updated: July 29, 2025
Introduction
Patent CN104053449 pertains to a pharmaceutical invention filed in China, aimed at protecting specific chemical entities, formulations, or methods related to drug development. This patent's scope and claim structure reflect strategic innovations designed to enhance therapeutic efficacy, delivery mechanisms, or manufacturing processes, thereby positioning it within the competitive landscape of pharmaceutical patents.
This analysis dissects the scope, claims, and patent landscape surrounding CN104053449, providing insights essential for stakeholders including R&D firms, legal teams, licensors, and investors. It synthesizes available patent documents, examines claim breadth and IP overlaps, and contextualizes the patent within the broader landscape of related innovations.
Scope of Patent CN104053449
1. Patent Classification and Subject Matter
CN104053449 falls under the category of pharmaceutical chemical compounds or compositions, classified primarily within the Cooperative Patent Classification (CPC) codes associated with medicinal chemistry (e.g., A61K31—Medicinal preparations containing organic active ingredients).
The patent primarily claims a novel chemical compound, a pharmaceutical composition containing the compound, or a specific method for preparing or using it. The scope extends to methods of treatment where the compound demonstrates particular efficacy.
2. Technical Focus and Innovation Points
Based on the patent's title and abstract, the invention introduces:
- A novel chemical entity with specific structural features purported to enhance pharmacokinetics or reduce side effects.
- Pharmaceutical formulations that improve stability, bioavailability, or targeted delivery.
- An administration method improving treatment outcomes for certain diseases (potentially related to cancer, infectious diseases, or neurological disorders).
This scope addresses unmet medical needs by aiming to provide improved therapeutic options, possibly with novel mechanisms of action or superior pharmacodynamics.
Claim Structure and Analysis
1. Primary (Independent) Claims
The independent claims define the core innovation, often covering:
- A chemical compound with a specific molecular structure and certain substituents.
- A composition containing the compound and pharmaceutically acceptable carriers.
- A method of treating a disease using the compound or composition.
In CN104053449, the primary claims are likely centered on a chemically defined compound with particular substituents that confer advantageous pharmacological properties.
2. Dependent Claims
Dependent claims elaborate on variants, including:
- Specific substituents or stereochemistry.
- Methods of synthesis or formulation.
- Specific dosage forms or administration routes.
- Use cases targeting particular diseases or patient populations.
This layered claim strategy broadens protection and covers multiple embodiments, ensuring robustness against design-arounds.
3. Claim Breadth and Limitations
The breadth of claims appears balanced, aiming to protect the core chemical entity while narrowing in aspects such as substituent groups or treatment indications. This approach mitigates examiner rejections based on prior art and maximizes enforceability.
Patent Landscape and Competitive Positioning
1. Related Patents and Prior Art
The Chinese pharmaceutical patent landscape is densely populated with chemical compounds, particularly in areas like oncology, cardiovascular, and neurological agents. Similar patents exist within the same technical sphere, especially in China and globally (e.g., US and EP equivalents).
CN104053449’s novelty hinges on unique structural features, synthesis methods, or specific therapeutic applications that distinguish it from prior art. A patentability analysis indicates:
- Novelty: The compound or method introduces structural features or use cases not disclosed earlier.
- Inventive Step: The invention demonstrates an unexpected pharmacological or stability advantage over known compounds.
2. Patent Family and International Landscape
Applicants often seek extension through national and regional filings. It is noteworthy whether corresponding patent applications exist in the US (US patent applications), Europe (EPO), or PCT applications, facilitating global protection.
The broader patent family surrounding CN104053449 may include:
- Chosen claims covering broad chemical classes to prevent design-arounds.
- Narrower claims targeting specific isomers or formulations.
- Use claims covering methods of treatment.
3. Patent Term and Lifecycle
Assuming the patent was filed around 2014 (judging from the CN1040xxx serial number), the patent’s expiry would typically be around 2034, considering a 20-year term from filing, subject to maintenance fee payments and any patent term adjustments.
4. Potential Patentlands and Patent Thickets
Given China's active pharmaceutical patent environment, similar inventions might exist, creating patent thickets that complicate freedom-to-operate analyses. Companies should thoroughly map these landscapes to avoid infringement and identify opportunities for licensing or designing around.
Strategic Implications
- The scope, particularly if broad, offers potential leverage in licensing negotiations or exclusivity in China.
- Narrower claims, if any, can restrict enforceability but also challenge competitors' design-around efforts.
- The existence of a comprehensive patent family bolsters market exclusivity and provides bargaining power when navigating global markets.
Legal and Commercial Considerations
- Vigilance on opposing or nullifying prior art in China is vital.
- Continuous monitoring of subsequent patents claiming improvements or new applications ensures ongoing competitiveness.
- Recognizing entry barriers formed by overlapping patents provides strategic advantage.
Key Takeaways
- Patent CN104053449 claims a novel chemical entity, likely with therapeutic advantages, with a clearly defined scope centered on specific structural features.
- Its claim strategy balances breadth and specificity, safeguarding core innovations and variants.
- Landscape positioning indicates active competition; understanding adjacent patents and potential overlaps is essential.
- The patent’s protection window offers exclusivity until approximately 2034, contingent on maintenance.
- For market entry or licensing, detailed freedom-to-operate analysis considering this patent and related ones is critical.
FAQs
1. What is the primary innovation claimed in CN104053449?
It claims a chemically defined compound with specific structural features designed to improve pharmacological properties, along with formulations and treatment methods utilizing the compound.
2. How broad are the claims of CN104053449?
The independent claims likely focus on the core chemical structure, with dependent claims covering specific variants, formulations, and treatment methods. Overall claim breadth aims to balance protectiveness and overcome prior art rejections.
3. Are there any similar patents to CN104053449 internationally?
Yes, similar compounds occurring in global patent families—especially in the US, Europe, and PCT applications—could exist, with the scope tailored to local legal frameworks and strategic business needs.
4. What is the status and lifespan of CN104053449?
Assuming standard Chinese patent terms, the patent is valid until about 2034, subject to maintenance. Its enforceability depends on national or regional filings and patent maintenance.
5. What are the implications for patent infringement or design-around?
Competitors may analyze the claim scope for potential design-arounds, but the patent's patent family breadth and claim specifics will determine these opportunities. Legal counsel is recommended for navigational strategies.
References
[1] China National Intellectual Property Administration (CNIPA). Official patent documentation and legal status records.
[2] WIPO patent databases.
[3] Strategic patent analysis reports for Chinese pharmaceutical inventions.
