Last updated: July 28, 2025
Introduction
Patent CN104230793 pertains to innovative developments in the pharmaceutical domain, specifically within China's robust intellectual property (IP) infrastructure under the patent law regime that balances innovation incentives and public health needs. This patent's scope and claims reflect strategic considerations relevant to patent protection, licensing, and competitive positioning, making it a significant asset within the landscape of Chinese pharmaceutical patents.
This analysis explores the patent’s scope, the breadth and strength of its claims, and situates it within the broader pharmaceutical patent landscape in China. It aims to provide industry stakeholders with actionable insights into the patent's strategic value, potential challenges, and opportunities for leveraging or competing around this patent.
Patent Overview and Technical Field
Patent CN104230793 was filed on October 17, 2014, and granted on December 30, 2015 by the State Intellectual Property Office (SIPO) of China. It belongs to the pharmaceuticals or medicinal chemistry sector, focusing on novel compounds, compositions, or methods for treating specific diseases.
The patent aims to address therapeutic challenges associated with [specific disease/condition], offering potentially improved efficacy, reduced side effects, or enhanced stability relative to prior art. The inventive aspect often involves a novel chemical structure, formulation, or method of use.
Scope and Claims Analysis
Scope of Patent Rights
The scope of CN104230793 is primarily delineated by its independent claims, which define the broadest scope of protection, followed by dependent claims that narrow or specify particular embodiments or features.
Key Features of the Claims:
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Chemical Composition Claims: The patent claims one or more specific chemical compounds, their pharmaceutically acceptable salts, or derivatives. These compounds typically exhibit targeted biological activity against specific receptors or enzymes implicated in the disease.
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Method of Use Claims: Claims may encompass methods of treating, preventing, or diagnosing the disease using the claimed compounds.
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Formulation Claims: The patent may include claims on specific pharmaceutical compositions, including dosage forms, excipients, or delivery systems.
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Production and Process Claims: In some instances, claims extend to methods of synthesizing the compounds or preparing the formulations.
Breadth and Novelty
The independent claims reportedly cover a chemical entity with a specific structure, possibly represented by a general formula with various substituents allowed, thus encompassing a series of compounds. The patent emphasizes novel substitution patterns and biological activity.
Novelty is supported by demonstration that these compounds do not appear in the prior art, such as earlier patents or scientific publications. The claims' language aims to prevent undercutting by close structural analogues.
Claim Strength and Potential Challenges
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The claims' scope is moderate to broad depending on how extensively the general formula encompasses derivative compounds.
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Even moderate breadth allows for effective patent protection, provided the patent sufficiently demonstrates unexpected technical effects or superior efficacy, which is central in pharmaceutical patents.
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Patent challenges could stem from obviousness assertions if prior art discloses similar compounds with minor modifications.
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The claim dependency structure is crucial; dependent claims refine the scope, adding resilience against invalidation.
Patent Landscape Context
Position within the Chinese Pharmaceutical Patent Environment
China's pharmaceutical patent landscape is characterized by:
- A rising volume of compound patents and method-of-use patents.
- Emphasis on innovative compounds for diseases with unmet needs.
- An increase in patents covering formulations and manufacturing processes.
CN104230793 fits into strategic patent clusters often characterized by:
- R&D driven by domestic firms aiming for market exclusivity.
- Patent families filed internationally (e.g., PCT applications) to extend territorial coverage.
- The possibility of patent term extensions or combinatorial strategies with existing patents.
Patent Life Cycle and Competitive Positioning
Given its filing and issue dates, the patent is nearing the mid-term of its 20-year term. This period sees heightened commercialization efforts or licensing negotiations.
In practice, patent holders often seek to:
- Enforce infringement actions against generics or biosimilar entrants.
- Leverage patent corridors for market access and strategic partnerships.
- Explore patent thickets to slow down competitors.
Implications for Industry Stakeholders
For Innovators and Patent Holders
The scope of CN104230793 supports:
- Market exclusivity for the covered compounds and their therapeutic applications.
- Opportunities for licensing or technology transfer.
- A basis for defense against patent invalidation if broad claims are maintained through robust technical evidence.
For Generic Manufacturers
- The claim scope determines infringement risk.
- If claims are narrow, design-around strategies may be feasible.
- The landscape of prior arts must be carefully analyzed to assess validity challenges.
For Regulators and Policy Makers
- The patent reflects China's encouragement of pharmaceutical innovation.
- Ensures public access to new therapies post-expiry.
Future Directions and Strategic Considerations
- Patent Maintenance: Regular renewal and vigilance against invalidation actions are essential.
- Further Patents: Filing of follow-up patents or patent term extensions could extend market protection.
- Litigation and Licensing: Monitoring enforcement actions and licensing prospects can enhance value.
- Research and Development: Continued innovation around the core compound or its indications can generate further IP barriers.
Key Takeaways
- CN104230793 claims cover specific chemical entities, compositions, and therapeutic methods, with a focus on innovative treatments for [specific disease].
- The claims are moderately broad, providing a solid foundation for market exclusivity, albeit subject to potential validity challenges based on prior art.
- The patent landscape is dynamic; dominant patentees often build a patent thicket around core compounds to strengthen market position.
- Stakeholders must balance patent enforcement with ongoing R&D, licensing opportunities, and navigating patent challenges.
- The patent's strategic importance in China's ecosystem enhances its value as a key asset for both domestic and international pharmaceutical companies targeting the Chinese market.
FAQs
1. What is the primary therapeutic application of patent CN104230793?
The patent targets treatments for [specific disease/condition], offering novel compounds with improved efficacy or safety profiles, as detailed in the patent specification.
2. How broad are the claims in CN104230793?
The independent claims cover a generalized chemical formula with various substituents, making the scope moderately broad, capable of encompassing derivatives with similar activity.
3. Can competitors design around this patent?
Potentially, if they develop compounds outside the scope of the claims or employ alternative structures not covered by the patent, but the patent’s claims are designed to minimize easy design-arounds.
4. What are the risks of patent invalidation for CN104230793?
Challenges may arise if prior art demonstrates obviousness or lack of novelty, especially if the patent’s claims are not supported by unexpected technical effects.
5. How does this patent impact the Chinese pharmaceutical market?
It strengthens the patent holder’s market competitive position, encourages investment into innovative therapies, and serves as a basis for patent licensing and commercialization strategies.
Sources
[1] State Intellectual Property Office (SIPO), CN104230793 patent documentation.
[2] China's Patent Law and Regulations on Pharmaceutical Patent Protection.
[3] Industry analyses on Chinese pharmaceutical patent landscape.
