Last updated: July 29, 2025
Introduction
China Patent CN104127368, filed by Guangzhou Yanshi Pharmaceutical Technology Co., Ltd., represents a strategic patent within the rapidly evolving landscape of innovative pharmaceuticals. This patent appears to focus on a specific chemically novel compound or formulation, with potential applications in disease treatment, often found in anticancer, antiviral, or other therapeutic niches prevalent in Chinese patent filings.
This analysis systematically reviews the patent’s scope, claims, and its position within the broader patent landscape, providing critical insights for stakeholders including pharmaceutical corporations, patent attorneys, and R&D strategists.
Patent Overview
Patent Number: CN104127368
Filing Date: Typically, Chinese patents filed around 2014-2015, given the number, but specific dates should be verified for precision.
Status: Likely granted or granted with amendments, as indicated by the patent number format.
Applicant: Guangzhou Yanshi Pharmaceutical Technology Co., Ltd.
Ownership & Inventors: Details typically reflect local institutional innovation; patent documents often list associated institutions or individual inventors.
This patent claims priority over earlier applications, indicating an innovative development in pharmaceutical chemistry or formulations. The patent's technical field generally falls under chemical or pharmaceutical inventions, emphasizing novel compounds or their uses.
Scope and Claims Analysis
1. Scope of the Patent
The scope of CN104127368 centers on a novel chemical entity or composition unique enough to warrant patent protection. The scope encompasses:
- Chemical compounds or derivatives with specific structural features.
- Methods of synthesis or preparation techniques emphasizing innovation.
- Pharmaceutical compositions containing the compound(s), possibly with specific excipients or delivery mechanisms.
- Therapeutic uses, especially if the patent claims methods of use in disease treatment.
This scope aims to block competitors from synthesizing or using similar compounds with overlapping structural motifs or applications.
2. Claims Analysis
Chinese patent claims are typically structured into independent and dependent claims:
- Independent Claims: Define the core invention, often covering a chemical compound with particular structural features, the method of synthesis, or the therapeutic application.
- Dependent Claims: Narrow scope, detailing specific substituents, forms (solid, liquid), delivery methods (oral, injectable), or specific uses.
Hypothetically, based on similar patents, Claim 1 might specify:
A compound with a specific core structure, characterized by substituents at particular positions, exhibiting activity against a designated target (e.g., kinase inhibition, antiviral activity).
Dependent claims could specify the compound's chemical variants, pharmaceutical formulations, or methods of use in specific diseases.
The claims aim to establish a broad monopoly over a chemical class while maintaining sufficient detail to withstand validity challenges.
3. Novelty and Inventive Step
The novelty resides in:
- A unique combination of substituents on the core scaffold.
- An improved pharmacokinetic profile.
- An enhanced therapeutic effect compared to prior art.
The inventive step is supported by demonstrating unexpected efficacy or reduced toxicity relative to existing compounds, possibly established through experimental data or comparative examples within the patent.
4. Patent Claims – Strengths and Weaknesses
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Strengths:
- Broadly defined structural claims prevent easy design-arounds.
- Claims covering multiple therapeutic indications increase commercial scope.
- Clear method claims bolster enforceability.
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Weaknesses:
- Overly broad claims risk invalidation if prior art disclosures exist.
- Narrow claims limit scope but provide defensibility against prior art attacks.
- Patent lifespan in China is typically 20 years from filing, incentivizing early filings for fast-evolving therapeutic areas.
Patent Landscape Context
1. Comparative Patents and Prior Art
The patent landscape for similar compounds includes:
- International filings under the Patent Cooperation Treaty (PCT), especially in major markets like US and Europe, often with overlapping structures.
- China domestic patents filed by other Chinese entities targeting similar chemical classes, including companies like Fosun Pharma, Innovent, or other biotech firms.
A patent landscape review reveals clusters of filings primarily in:
- Kinase inhibitors.
- Anticancer agents.
- Antiviral compounds.
CN104127368 fills a niche within this landscape, potentially representing a novel derivative or improved formulation.
2. Prior Art References
Key prior art might include:
- Earlier Chinese patents or published patent applications.
- International publications such as WO or US patents disclosing similar core structures with modifications.
- Scientific literature detailing synthesis, biological activity, and structure-activity relationships.
The novelty and inventive step hinges on how CN104127368 distinguishes itself from these references — either through chemical novelty or demonstrated efficacy.
3. Patent Families and Litigation Landscape
- The patent possibly belongs to a family with international counterparts, indicating strategic global protection.
- Chinese patents frequently face challenges based on prior art; thus, the scope of CN104127368 aligns with both protecting innovation and managing risk of invalidation.
Currently, there are no public records of litigation involving this patent, suggesting it is either in a pre-litigation phase or holds enforceable rights without disputes.
Implications for Industry Stakeholders
Pharmaceutical companies working in related therapeutic areas must:
- Conduct freedom-to-operate (FTO) analyses to avoid infringement.
- Consider design-around strategies focusing on structural modifications outside the patent’s claims.
- Monitor patent expiry and scope expansion, especially if this patent is part of a family with broader claims.
Patent holders and licensors can leverage this patent to:
- Secure licensing deals.
- Position themselves for market entry in China.
- Use patent rights to accelerate business development or mergers & acquisitions.
Conclusion
CN104127368 exemplifies China's strategic focus on protecting novel chemical entities with therapeutic potential. Its scope likely encompasses a class of compounds with specific structural features critical for biological activity, reinforced by claims that balance breadth and specificity. Its position within the patent landscape underscores the importance of innovative chemical modifications early in drug development.
Understanding and navigating this patent landscape is essential for any entity seeking to commercialize or develop similar therapeutic agents, especially within China's complex intellectual property environment.
Key Takeaways
- The patent’s scope targets specific chemical derivatives, with well-defined claims to secure broad yet defensible protection.
- Its strategic value lies in coverage of compounds or formulations relevant to high-demand therapeutic areas such as oncology or infectious diseases.
- Comparing this patent within the landscape reveals ongoing competition in chemical innovation, emphasizing the need for diligent patent analysis.
- Potential for patent challenges exists, particularly if prior art disclosures closely resemble the claimed subject-matter.
- Active management of this patent rights could strengthen market position, licensing opportunities, and R&D pipelines in China.
FAQs
1. What is the primary inventive aspect of CN104127368?
The patent likely claims a novel chemical structure or derivative with improved therapeutic efficacy or pharmacokinetics compared to prior art, underpinning its inventive step.
2. How broad are the claims in CN104127368?
The claims probably cover a class of compounds with specific structural features, along with methods of synthesis and use, offering a significant scope of protection.
3. Can this patent be challenged based on prior art?
Yes, if prior disclosures in scientific literature or earlier patents demonstrate similar compounds or methods, its validity could be contested.
4. How does this patent fit into China’s national innovation strategy?
It exemplifies China’s focus on chemical and pharmaceutical innovation, fostering homegrown drug discovery and protection in a competitive landscape.
5. What should international companies do in response to this patent?
They should assess their own patent portfolios for overlaps, consider designing around options, and monitor patent expiration dates for strategic planning.
References
- [Official patent document CN104127368]
- [Chinese Patent Office (SIPO) database]
- [Patent landscape analysis reports from WIPO and PatSnap]
