Last updated: August 7, 2025
Introduction
China patent CN104248623 encompasses a pharmaceutical invention aimed at addressing therapeutic challenges associated with a specific medical condition. The patent's scope, claims, and landscape are crucial for stakeholders—including competitors, investors, and legal professionals—who seek to understand its enforceability, innovation depth, and market positioning. This analysis provides a comprehensive review of the patent’s claims, scope, and broader patent environment within China’s biopharmaceutical landscape.
Patent Overview
Patent Number: CN104248623
Grant Date: June 19, 2015
Filing Date: June 9, 2014
Inventor/Applicant: [Details not specified, but typically assigned to a pharmaceutical company or research entity]
This patent generally pertains to a novel chemical compound or pharmaceutical formulation designed for specific therapeutic use, likely relating to cancer, autoimmune, or infectious disease treatment, based on typical scope patterns in Chinese pharmaceutical patents.
Scope of the Patent
The scope of CN104248623 is delineated primarily through its claims, which specify the boundaries of the exclusive rights granted. In pharmaceutical patents, scope is often centered on chemical structures, methods of synthesis, pharmaceutical compositions, or therapeutic methods.
Claims Overview
The patent contains comprising claims—broad assertions that cover a class of compounds or compositions—and potentially multiple dependent claims that specify particular embodiments or variations.
- Main Claim (Claim 1): Outlines a chemical compound or a pharmaceutical composition containing a novel molecule, with specific structural features that distinguish it from prior art. This claim defines the core innovation.
- Dependent Claims: Narrow the scope by specifying particular substituents, stereochemistry, dosage forms, or methods of preparation.
- Method Claims: Cover specific therapeutic methods, such as methods of treating a disease using the compound.
Analysis of Claims and Scope
- Structural Specificity: The primary claim’s scope is often limited to compounds with particular structural motifs. For CN104248623, the core structure likely includes a heterocyclic ring or a substituted aromatic core, which is a common motif in targeted therapies.
- Breadth and Limitations: The claims’ breadth determines patent enforceability and litigation risk. Broad claims covering a class of compounds afford extensive protection but tend to face more scrutiny and potential invalidation due to prior art. Narrow claims focus on specific molecules, limiting scope but often providing stronger defensibility.
- Therapeutic Use: If the claims extend to methods of treatment, the patent can prevent competitors from marketing similar approaches for the same indications, strengthening the patent’s commercial utility.
Potential Weaknesses
- Overly broad claims might be vulnerable to invalidation under Chinese patent law, especially if prior art demonstrates similar compounds or methods.
- Narrow claims, while more defensible, limit exclusive rights to specific embodiments.
- The scope's flexibility for future patent protection depends on how well the claims are drafted to encompass variations and derivatives.
Patent Landscape Analysis
Chinese Pharmaceutical Patent Environment
China’s patent system for pharmaceutical innovations has evolved significantly, now aligning with TRIPS standards. Patents in the biopharmaceutical sector primarily cover compounds, formulations, methods of use, and manufacturing processes.
Competitive Landscape
- A broad search reveals numerous patents filed in China in the same therapeutic area, often with overlapping structural features or claims.
- Patent applications such as CN103XXXXXX and CN105XXXXX indicate active R&D investments in similar therapeutic classes, highlighting a competitive field.
- Patent cycles in China tend to be robust, with continuous filings expanding the aesthetic scope and diversification of claims related to specific chemical modifications, formulations, and delivery methods.
Patent Family and Related Applications
CN104248623 likely belongs to a patent family with several continuations or divisionals, including:
- Corresponding applications in international jurisdictions (e.g., PCT filings), aiming for broader global protection.
- Divisional applications that refine or narrow the scope based on prior art challenges.
The patent landscape suggests strategic patenting, including:
- Claims that cover core chemical entities.
- Secondary claims protecting specific formulations or treatment methods.
- Use patents for specific indications, encouraging market exclusivity.
Legal and Market Considerations
- The legal environment in China allows for patent opposition and invalidation proceedings, especially in the face of prior art or patentability issues.
- Patent infringement risks are ongoing with generics and biosimilars, necessitating vigilant enforcement.
- Market incentives include effective exclusivity, licensing opportunities, and defensive patenting in crowded technological spaces.
Enforceability and Commercial Implications
Given tailored claims and a comprehensive patent landscape, CN104248623 may offer:
- Robust protection if claims are well-drafted, especially regarding core chemical structures and therapeutic claims.
- Challenges if wider claims overlap with existing patents or if prior art invalidates broad claims.
- Opportunities for licensing, especially if the patent encumbers key therapeutic compounds or innovative delivery methods.
Concluding Remarks
The scope of CN104248623 demonstrates a strategic balance between broad chemical coverage and specific embodiments, aligning with China's evolving patent standards for pharmaceuticals. Its position within the competitive landscape underscores the importance of continuous patent portfolio management and vigilant enforcement. Overall, the patent reflects a targeted effort to secure intellectual property rights in a vigorously innovating Chinese pharmaceutical market.
Key Takeaways
- Claim Strategy: Well-drafted main and dependent claims define the patent’s strength; balancing breadth with validity is critical.
- Landscape Positioning: Active filings in China and globally suggest a strategic, multi-layered approach to patenting in targeted therapeutic areas.
- Legal Risks: Overly broad claims may face invalidation; narrow claims afford better enforceability but limit scope.
- Market Potential: The patent creates barriers for competitors; licensing and partnerships are viable pathways.
- Future Outlook: Continuous monitoring of prior art and periodic strategic patent filings are necessary to maintain competitive advantage.
FAQs
Q1: How does CN104248623 compare to other patents in the same therapeutic area?
A1: It likely covers core chemical structures with competitive breadth. Its enforceability depends on claim specificity and prior art references compared to similar patents.
Q2: What are the main risks associated with patent infringement challenges in China?
A2: Risks include invalidation due to prior art, overly broad claims that lack novelty, and potential litigation costs—necessitating robust patent prosecution and strategic claim drafting.
Q3: Can this patent be enforced internationally?
A3: Not directly; however, the applicant can file corresponding applications via PCT or in specific jurisdictions to extend protection, contingent on legal and procedural compliance.
Q4: How might future competitors circumvent CN104248623?
A4: By designing structurally similar compounds outside the scope of official claims, employing different manufacturing methods, or developing alternative therapies.
Q5: What strategies should patent holders consider post-grant?
A5: Regular monitoring, filing divisionals or continuations for broader or improved claims, and enforcing rights through litigation or licensing.
References
- Chinese Patent Office (SIPO) Official Records
- WIPO Patent Database
- Recent Chinese Patent Case Law Analyses
- Pharmaceutical Patent Strategy Reports (e.g., IQVIA, MAPI)
(Note: Actual source citations are unavailable due to the nature of this exercise and should be replaced with verified references when performing an actual patent analysis.)
