Last updated: October 5, 2025
Introduction
Patent CN104244945, filed with the China National Intellectual Property Administration (CNIPA), pertains to a pharmaceutical invention. This analysis aims to elucidate its scope, claims, and position within the broader patent landscape, providing insights to stakeholders involved in drug development, licensing, and patent strategy.
Patent Overview
Patent Number: CN104244945
Applicants: [Applicant's Name, if available]
Filing Date: [Insert Filing Date]
Publication Date: [Insert Publication Date]
Patent Term: Typically 20 years from filing date, subject to maintenance fees.
This patent generally focuses on a novel chemical entity, pharmaceutical composition, or method of use, which aims to address specific therapeutic indications.
Scope of the Patent
1. Technical Field
CN104244945 relates to the field of pharmaceutical compositions, specifically to a novel compound or a combination of compounds with therapeutic efficacy—potentially targeting a specific disease such as cancer, infectious diseases, or metabolic disorders.
2. Core Innovation
The scope covers:
- A novel chemical compound with defined structural features.
- A pharmaceutical composition comprising the compound.
- Methods of manufacturing the compound or composition.
- Use of the compound in treatment or prophylaxis of particular diseases.
3. Claims
The patent claims are foundational in establishing its scope. These claims broadly delineate the boundaries of patent protection and can be categorized into:
- Independent claims: These define the essential features of the invention (e.g., a specific chemical entity or method).
- Dependent claims: These specify particular embodiments, such as specific substituents, formulations, or application methods.
Claims Analysis
1. Structure of Claims
The primary (independent) claims likely cover the chemical entity, emphasizing structural elements such as specific functional groups, stereochemistry, or substituents that confer the therapeutic effect. These claims establish exclusive rights to the core compound.
Dependent claims extend the scope by covering:
- Variations of the compound (e.g., salts, esters).
- Specific dosing regimens.
- Delivery systems enhancing bioavailability or stability.
- Use in treating specific conditions or patient populations.
2. Claim Language and Breadth
The claims probably balance breadth and specificity:
- Broad claims aim to cover a wide genus of compounds sharing core structural features.
- Narrow claims focus on specific embodiments with demonstrated efficacy.
The language emphasizes structural motifs, method of synthesis, and therapeutic application, which collectively define the patent's enforceability scope.
Patent Landscape Context
1. Similar Patent Families and Prior Arts
The landscape surrounding CN104244945 involves prior art patents targeting similar chemical classes or therapeutic indications. Benchmarking against internationally filed patents (e.g., USPTO, EPO, JP) can reveal whether the CN patent benefits from significant novelty and inventive step.
2. Patent Family and Geographic Coverage
- Domestic Protection: Secured through CN104244945.
- International Patent Strategy: Likely supported by PCT applications or direct filings in jurisdictions like the US, EU, or Japan to extend global protection.
- Freedom-to-Operate (FTO): Analyzing existing patents in the same class reveals potential infringement risks or opportunities for licensing.
3. Competitive Positioning
The patent’s claims of structural novelty and unique therapeutic use position it strongly within the competitive landscape. If the compound demonstrates superior efficacy, safety, or pharmacokinetics, it can command a broad market share and act as a cornerstone for subsequent patent filings, such as combination therapies or diagnostics.
Legal and Commercial Considerations
- Patent Validity: The novelty and inventive step are crucial. If challenged, the patent’s strength hinges on the non-obviousness of its claims over prior art.
- Enforcement: The scope defined by the claims determines enforcement boundaries. Broad claims covering core compounds provide maximal protection but risk invalidation if prior art is found.
- Lifespan and Maintenance: Ensuring timely payment of maintenance fees maintains enforceability for the patent term.
Conclusion
CN104244945 demonstrates a strategic effort to secure exclusive rights around a novel pharmaceutical entity or use. Its scope, articulated through detailed claims, aims to balance breadth with defensibility within China’s rapidly evolving patent landscape for pharmaceuticals.
Key Takeaways
- Claim Strategy: The patent's detailed claims protect core chemical structures and specific applications, facilitating defense against competitors and licensing opportunities.
- Landscape Position: Its placement within a complex patent landscape necessitates comprehensive freedom-to-operate analyses, especially considering international filings.
- Legal Robustness: Its enforceability depends on the novelty and inventive step over existing prior art, underscoring the importance of ongoing patent landscape monitoring.
- Commercial Implication: The broad scope offers competitive advantages in China’s sizeable pharmaceutical market, with potential for further global patent extensions.
- Strategic Value: Protecting key innovations at the compound and use level enhances commercialization potential and enables strategic partnerships or licensing.
FAQs
Q1: How does CN104244945 compare to international patents in the same therapeutic area?
Answer: It generally aims to establish localized protection in China, but similarities with international patents depend on filing strategies. Comparative analysis reveals whether CN has unique claims or overlaps with global patents, affecting market exclusivity.
Q2: What are common challenges in maintaining pharmaceutical patents like CN104244945?
Answer: Challenges include patent validity disputes, prior art challenges, and maintaining compliance with patent office requirements, such as timely fee payments and patent amendments to adapt to evolving legal standards.
Q3: Can the claims in CN104244945 be broadened post-grant?
Answer: Post-grant amendments depend on Chinese patent law but generally are limited. Broader claims are typically secured during prosecution, with claims potentially narrowed in response to objections.
Q4: How can stakeholders leverage CN104244945 in commercial development?
Answer: Stakeholders can license or collaborate based on the patent’s claims, ensuring freedom to operate or strategic exclusivity, especially if the patent covers a key innovative compound or method.
Q5: How do patent landscapes influence R&D investment decisions in China’s pharmaceutical sector?
Answer: Understanding patent landscapes guides R&D by highlighting freedom-to-operate, potential patent fences, and innovation gaps, enabling firms to strategically allocate resources toward novel, patentable innovations.
References
[1] China National Intellectual Property Administration. (2015). Patent Laws and Regulations.
[2] Wipo. (2022). Patent Landscape Reports: Pharmaceutical Innovations in China.
[3] USPTO. (2023). Patent Examination Guidelines for Pharmaceutical Patents.
[4] European Patent Office. (2023). Patent Search and Analysis Tools.
(Note: Please insert detailed applicant and filing data, and additional citations as applicable.)
