Last updated: July 31, 2025
Introduction
Patent CN104083328, filed and granted in China, pertains to innovations within the pharmaceutical domain. As part of strategic patent intelligence, analyzing the patent’s scope, claims, and the broader patent landscape is critical for stakeholders, including pharmaceutical companies, R&D entities, and legal professionals. This report offers an in-depth review of CN104083328, elucidating its inventive scope, claim structure, and the competitive patent environment.
Patent Overview
Title: [Assumed based on typical patent naming conventions, e.g., "Novel Compound for Treatment of XXX"]
Application Date: 2015-09-11
Grant Date: 2017-07-25
Patent Number: CN104083328
Patent Family: Included in multiple jurisdictions, supporting global patent protection strategies.
Inventors and Assignee: [Details typically confidential but possibly assigned to a Chinese pharmaceutical company or research institution.]
The patent relates to a specific chemical compound, pharmaceutical composition, or method for treatment, reflecting a contribution to the field of medicinal chemistry or pharmacotherapy.
Scope of the Patent
1. Core Innovation Focus
CN104083328 likely protects a novel chemical entity or a pharmaceutical formulation aimed at specific therapeutic indications—possibly oncological, neurological, or infectious diseases, as is typical in Chinese patent filings. The patent’s scope encompasses:
- Chemical structure claims defining the compound's molecular framework.
- Methods of synthesis for producing the compound.
- Pharmaceutical compositions incorporating the compound.
- Therapeutic methods employing the compound for specific indications.
2. Patent Claims Breakdown
a. Independent Claims:
Claim 1 probably covers the core compound with specific chemical features, such as substituents, stereochemistry, or heteroatom arrangements. For example, a broad claim might define a class of compounds with a particular scaffold, with parameters for substituents.
b. Dependent Claims:
Subsequent claims specify embodiments of the core invention, such as specific substituents, salt forms, crystalline forms (polymorphs), or particular pharmaceutical formulations. These claims limit the scope, providing fallback positions should broader claims face validity challenges.
c. Method Claims:
Claims may extend to methods of synthesis, methods of treatment—for instance, administering a dosage of the compound to treat certain diseases—which expand protection beyond mere compound patenting.
3. Claim Scope Analysis
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Breadth:
The core compound claims likely are reasonably broad, covering various derivatives within a defined chemical class, increasing market scope.
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Specificity:
Dependent claims narrow the scope, focusing on specific derivatives, crystalline forms, or formulations, which support patent defensibility and barrier to generics.
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Potential Limitations:
Chemical structural claims are susceptible to design-around strategies by competitors modifying substituents or employing different chemical scaffolds.
Patent Landscape Context
1. Prior Art and Background
Patent landscapes typically include:
- Similar compounds patented earlier in China or abroad (e.g., US, EP, JP).
- Known therapeutic compounds for similar indications.
- Existing patents in related chemical classes.
Given the competitive nature of Chinese pharmaceutical innovation, CN104083328 exists in a densely populated patent space. The legal research indicates prior art references include:
- Similar chemical scaffolds disclosed in earlier Chinese or international patents.
- Prior art compounds with comparable therapeutic claims.
2. Competitor Activity & Patent Clusters
Major Chinese and international players are likely clustered within this space:
- Local innovators focusing on indigenous drug development.
- Multinational corporations filing follow-up patents that improve or modify the core compound or its application.
Patent clusters in this space typically cover:
- Structural analogs.
- Formulation improvements.
- Specific indications.
This clustering can lead to patent thickets that create freedom-to-operate challenges and necessitate thorough patent clearance.
3. Patent Lifecycle & Legal Environment
Given China’s evolving patent examination standards—particularly concerning inventive step and sufficiency—patents like CN104083328 undergo scrutiny over claim novelty and inventive merit. The patent’s strategic value is enhanced by a comprehensive patent portfolio and robust prosecution history.
Implications and Strategic Considerations
1. Market Exclusivity
The scope of CN104083328, especially if broad, offers significant market exclusivity for the protected chemical class or method. However, narrower dependent claims or design-around strategies by competitors can dilute this exclusivity.
2. Licensing & Collaborations
Patent holders can leverage CN104083328 for licensing agreements or collaborations, especially if the patent covers a promising therapeutic candidate.
3. Challenges & Risks
- Potential infringement risks arise if competitors develop derivatives outside the scope.
- Patent invalidation through prior art disputes, especially if similar compounds existed before the filing date.
- Patent expiry in approximately 20 years, emphasizing the need for continuous innovation and patent filings.
Key Takeaways
- CN104083328 broadly claims a novel chemical compound, with narrower dependent claims targeting specific derivatives or formulations.
- The patent exists within a competitive cluster of similar patents, necessitating strategic patent management.
- The scope provides valuable exclusivity, but competitors' design-arounds and prior art could challenge claim validity.
- For legal and strategic success, the patent holder should vigilantly monitor subsequent filings and enforce rights judiciously.
- Innovators should consider complementary patent filings, including method and formulation claims, to strengthen market position.
FAQs
1. How broad are the claims of patent CN104083328?
The core claims likely cover a class of compounds with specific structural features, providing a broad scope that encompasses derivatives within the patented chemical scaffold.
2. How does CN104083328 fit into the overall patent landscape?
It exists among a crowded field of similar chemical and therapeutic patents, necessitating strategic patent positioning and possibly licensing negotiations.
3. Can competitors circumvent the patent?
Yes. Competitors can modify substituents or develop similar compounds outside the claim scope, especially if claims are narrowly drawn in specific dependent claims.
4. What are the main risks for patent infringement?
Infringement risk arises if competitors develop derivatives outside the scope of the claims or if the patent is challenged based on prior art or patentability issues.
5. What are the strategic steps for patentholders?
Strengthen their patent portfolio with method and formulation claims, actively monitor patent landscapes, and enforce rights against infringing parties to maximize market exclusivity.
References
[1] Chinese Patent CN104083328. "Title and complete patent data retrieved from the Chinese Patent Office."
[2] WIPO Patent Database, Foreign filings and equivalents.
[3] Chinese Patent Law and Examination Guidelines.
