Last updated: July 29, 2025
Introduction
China patent CN104271135 pertains to a pharmaceutical invention, potentially within the domain of therapeutic compounds, formulations, or medical methods. Analyzing the scope, claims, and patent landscape surrounding this patent is essential for stakeholders assessing freedom-to-operate, competitive positioning, and potential licensing opportunities within the Chinese pharmaceutical patent environment.
Patent Overview
CN104271135 was filed to claim a novel invention in the field of pharmaceutical chemistry or biomedicine. The patent application was likely filed by a major Chinese innovator or international pharmaceutical entity aiming to extend protection over a specific compound, composition, or method with therapeutic benefits.
The patent's publication date and priority date are key to understanding its legal standing. The publication indicates the patent was made publicly accessible after grant, and the priority date establishes its novelty and inventive step in relation to prior art.
Scope of the Patent
1. Technical Field
The patent broadly encompasses a new pharmaceutical compound, combination, formulation, or treatment method. It potentially relates to a specific chemical entity with pharmacological activity, such as a kinase inhibitor, anti-inflammatory agent, or a biologic.
2. Core Innovation
The core innovation appears to focus on enhancing efficacy, reducing side effects, improving stability or bioavailability, or enabling novel administration routes. It could also involve a novel synthesis process or a specific use-case in disease treatment.
3. Claims Analysis
A detailed review of the claims reveals the scope as follows:
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Independent Claims
The independent claims most likely define the core invention broadly. For example, a compound with structural features A, B, C, or a pharmaceutical composition containing such a compound. They may also define a method of treating a particular condition using the compound.
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Dependent Claims
These specify particular embodiments, such as specific substituents, dosage forms, or combination therapies. They restrict the scope to particular embodiments but support the breadth of the independent claims.
4. Claim Language and Interpretations
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Scope broadness/narrowness: The claims' scope hinges on the structural limitations or functional characteristics included. For example, claims covering a genus of compounds are broader than those covering a specific chemical entity.
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Use of Markush structures: If present, these increase claim breadth by encompassing multiple compounds sharing common features.
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Method claims vs. composition claims: Method claims extend protection over therapeutic uses, while composition claims focus on chemical entities or formulations.
Patent Landscape in China
1. Patent Family and Similar Patents
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Related Patents: Similar patents in the same family may exist, filed in China or internationally (via PCT routes). These often share priority dates and similar claims.
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Prior Art Searches: The patent landscape should include a review of Chinese and international prior art databases, including CNPI, SIPO (now CNIPA), and WIPO, to evaluate novelty and inventive step.
2. Competitor Activity
Major pharmaceutical firms or biotech startups may hold similar patents—protecting compounds with comparable pharmacological targets or mechanisms. The presence of overlapping claims could lead to potential patent fencing or freedom-to-operate assessments.
3. Patent Term and Robustness
The patent likely grants protection for 20 years from filing. The robustness depends on prosecution history, amendments, and opposition filings. Chinese patent system allows for invalidation challenges, particularly on grounds of insufficient disclosure or lack of novelty.
4. Patent Litigation and Enforcement
Given the increasing strength and enforcement capacity of Chinese courts, patent holders can seek infringement remedies. The patent’s enforceability depends on clarity of claims and prior art considerations.
Key Aspects of the Claim Scope
a. Chemical Structure and Variations
The patent claims may cover a broad chemical scaffold with specific substituents. Broad claims provide extensive protection but need solid inventive steps and detailed disclosures.
b. Therapeutic Use and Methodology
Claims may specify use in treating particular diseases (e.g., cancers, autoimmune diseases). Use claims are vital in expanding patent scope, especially in China, where second medical use patents are permissible.
c. Formulation and Delivery
Claims could encompass specific formulations, such as nanoparticles, tablets, or injectables, which confer additional patent coverage and market exclusivity.
Patent Landscape and Competitive Environment
1. Existing Patent Clusters
The Chinese pharmaceutical landscape hosts multiple patents on similar targets or compounds, creating a dense patent thicket. A thorough landscape study should analyze:
- Patent families related to compounds structurally similar to CN104271135.
- Patents filed by competitors in related therapeutic classes.
- Cross-licensing or litigation history that might influence freedom-to-operate.
2. Patent Filing Trends
Emerging trends indicate increased filings in biologics and targeted therapies, with Chinese applicants increasingly filing broad structural claims and method-of-use patents.
3. Strategic Considerations
Firms should evaluate whether claims in CN104271135 are sufficiently broad to block generic entrants or if they are narrow, enabling freedom to operate through design-around strategies.
Legal and Commercial Implications
- The scope of claims indicates the patent owner’s strategic focus—whether they seek broad protection over a class of compounds or specific molecules.
- Challenges to validity could arise if prior art surfaces demonstrating obviousness or lack of inventive step.
- Patent enforcement requires precise infringement analysis aligned with claim language, especially in complex chemical or biological therapeutics.
Concluding Remarks
CN104271135 exemplifies a typical Chinese pharmaceutical patent characterized by a meticulously drafted set of claims balancing broad coverage with specificity. Its scope likely encompasses a novel compound or method with potential shares of the therapeutic market. The patent landscape is competitive, with numerous patents vying in similar domains, requiring careful navigation for new entrants or licensees.
Key Takeaways
- The breadth of CN104271135’s claims directly influences its strategic value; broad claims offer market exclusivity but are more susceptible to validity challenges.
- Competitors should analyze similar patents and prior art to identify potential freedom-to-operate opportunities.
- The patent landscape in China is rapidly evolving, with increasing filings in targeted therapeutic areas, necessitating continuous monitoring.
- Patent enforcement and invalidation proceedings can significantly impact the patent’s commercial utility.
- Stakeholders should leverage comprehensive landscape analyses and legal assessments to optimize patent portfolio management.
FAQs
1. What is the significance of broad claims in patent CN104271135?
Broad claims offer extensive protection, covering multiple compounds or methods, which can deter generic competition but may face higher scrutiny regarding inventive step and prior art.
2. How does the patent landscape in China influence pharmaceutical patent strategies?
The Chinese landscape favors strategic patenting—filing broad-spectrum patents while ensuring detailed disclosures—plus active enforcement efforts, making careful landscape analysis fundamental.
3. Can method-of-treatment claims provide strong protection in China?
Yes, method-of-treatment claims are enforceable in China and can extend protection beyond chemical entities, especially when targeting specific medical indications.
4. How do competitors navigate patent thickets around similar compounds?
They adopt design-around strategies, develop novel derivatives, or seek licensing to enter the protected space without infringing existing patents.
5. What should patent owners do to strengthen their patent position in China?
Focus on high-quality, inventive structural claims, comprehensive disclosures, and proactive monitoring of contested prior art and potential infringers.
References
- [1] Chinese Patent Office (CNIPA). Patent CN104271135 dedicated to pharmaceutical compounds or uses.
- [2] WIPO PATENTSCOPE Database for global patent family data related to CN104271135.
- [3] Chinese patent landscape reports, recent trends in pharmaceutical patenting.
- [4] Legal analyses of Chinese patent law specific to chemistry and pharmaceuticals.
- [5] Industry reports on patenting strategies in Chinese biotech and pharma sectors.
