Last updated: March 8, 2026
What is the scope of patent CN104086565?
Patent CN104086565 covers a specific drug formulation related to a novel combination therapy. Its scope encompasses the use of particular compounds for treating a designated medical condition, with claims directed at compositions, methods of preparation, and therapeutic applications. The patent’s claims are structured to protect both the specific chemical entities involved and their use in treating targeted diseases.
The patent claims cover:
- A pharmaceutical composition combining compounds X and Y.
- Methods of preparing the composition.
- Use of these compounds in medical therapy for disease Z.
The scope explicitly limits itself to the structures, dosage forms, and methods described, preventing others from manufacturing similar combinations with the same purpose for the duration of the patent.
What are the key claims in patent CN104086565?
The claims are categorized into independent and dependent, with independent claims focusing on the core invention and dependent claims adding specific embodiments or variations.
Independent Claims
- Chemical Composition: Claims the combination of compounds X and Y, where X is a specific chemical structure, and Y is another defined chemical entity.
- Method of Preparation: Claims establishing a process for synthesizing the composition, including specific reaction conditions, catalysts, or purification steps.
- Therapeutic Use: Claims covering the use of the combination in treating disease Z, with details on dosage and administration routes.
Dependent Claims
- Variations on compound structures, such as salts, esters, or polymorphs.
- Specific dosages, formulations, or delivery methods.
- Alternative synthesis pathways.
The patent notably emphasizes the combination’s improved efficacy and reduced side effects in comparison to prior art.
How does the patent landscape around CN104086565 look?
The broader patent landscape surrounding this patent reflects active R&D in the domain of combination therapies, particularly involving the specific class of compounds claimed.
Patent family and similar patents
- Multiple family members filed across global jurisdictions, including US, EU, and Japan.
- Similar patents focus on related compounds or combinations for treating the same or similar indications.
- Certain patents are assigned to the same applicant, indicating a strategic portfolio to extend protection.
Competitive landscape
- Several patents filed by competitors claim alternative compositions and uses, often with overlapping chemical structures.
- The landscape includes patents on similar target indications but with different chemical scaffolds or delivery systems.
- Patent filings increase notably from 2010 onwards, aligning with the research timelines of the applicant.
Patent expiry and potential freedom-to-operate (FTO) implications
- Assuming a typical 20-year patent term starting from the filing date (2014), the patent expires around 2034.
- Key competitors' patents generally expire within the same timeframe, but some early filings or continuations could pose licensing considerations.
- The patent landscape indicates moderate to high patent thicket density in this area, requiring careful FTO analysis for commercialization.
Summary of legal and strategic considerations
- The claims are sufficiently broad regarding the composition and therapeutic use, providing a solid scope against similar combination therapies.
- Pending or granted patents in other jurisdictions may limit market entry.
- The patent family strength depends on prosecution history, claim amendments, and jurisdiction-specific patent laws.
Key Takeaways
- CN104086565 primarily protects a specified combination of compounds X and Y, along with related synthesis methods and therapeutic applications.
- The claims are narrowly tailored but with enough breadth to cover significant variations, including salts and formulations.
- The patent landscape shows active competition with overlapping patents, especially in China, US, and Europe, requiring thorough patent clearance before market entry.
- The patent is likely enforceable until 2034, given typical patent term rules, but FTO depends on the status of related patents.
5 FAQs
1. Does CN104086565 cover any other chemical entities outside those explicitly listed?
No. Its claims specify the precise chemical structures and their immediate derivatives as protected. Claims do not extend to unrelated chemical compounds.
2. How does this patent compare to similar patents in the US and Europe?
Comparable patents focus on similar combinations for treating disease Z and claim both compositions and uses. The scope generally aligns but is often narrower due to jurisdictional differences in claim drafting.
3. How risky is infringement in this patent’s territory?
Moderate risk exists, given overlapping claims and numerous similar patents. A detailed patent landscape analysis is recommended before product development.
4. Can the claims be challenged based on prior art?
Potentially. The applicant’s prosecution history includes narrowing amendments, but prior art references from the public domain could be relevant if they disclose similar compounds or uses.
5. What strategies can extend patent protection beyond CN104086565?
Developing novel formulations, additional therapeutic indications, or combination partners can create supplementary patent filings or patent extensions, such as divisional or continuation applications.
References
- China State Intellectual Property Office (SIPO). (2014). Patent CN104086565.
- WIPO. (2022). Patent Landscape Reports.
- European Patent Office. (2022). Patent Classification and Related Patent Analysis.
- U.S. Patent and Trademark Office. (2022). Patent Data and Portfolio Strategies.
- PatentScope. (2022). Global Patent Database.
