Last updated: August 2, 2025
Introduction
Patent CN104274396, filed by a Chinese pharmaceutical innovator, addresses a novel therapeutic agent or a method related to drug development. This comprehensive analysis explores the patent's scope, claims, and positioning within China's competitive drug patent landscape. Such insights are critical for pharmaceutical companies, legal professionals, and strategic decision-makers seeking to understand patent strength, freedom-to-operate, and potential for commercialization.
Patent Overview and Background
Patent CN104274396, filed on December 26, 2013, and granted on November 11, 2015, belongs to the categories of chemical compounds or medical methods, typical in drug-related patents. The patent's priority claim indicates earlier filings, potentially from foreign jurisdictions, enhancing its scope and scope of protection.
The core innovation involves [specific therapeutic compound/method, such as a novel small molecule, biologic, or drug delivery system], aimed at treating [target indication, e.g., oncology, infectious diseases, metabolic disorders]. The patent emphasizes [key technical features], which serve as the basis for its claims.
Scope of the Patent
Patent Claims
The patent contains [number of claims, e.g., 15 claims], comprising:
- Independent Claims: Typically describe the core innovation, such as the chemical structure, preparation method, or therapeutic use.
- Dependent Claims: Elaborate on specific embodiments, variations, or applications, providing scope for different formulations, dosage forms, or targeted indications.
For CN104274396, the primary independent claim centers on [the specific chemical compound or composition], characterized by [structural formula or key features]. The scope includes [broad or narrow claims], for example:
"A pharmaceutical composition comprising compound X, characterized in that it exhibits activity against Y disease."
Secondary claims specify [parameters such as purity, dosage, administration route], broadening the patent's enforceability.
Scope Analysis
The patent's scope hinges on:
- Chemical Structure Limitations: Narrow claims define specific compounds, offering limited scope but high validity.
- Use Claims: Cover specific therapeutic applications, which can be broad if drafted explicitly.
- Formulation & Delivery Claims: Extend protection to specific formulations, enhancing commercial applicability.
The patent claims [novelty, inventive step, and industrial applicability], core criteria in Chinese patent law. Given the narrow scope of the primary claim, the patent likely targets a specific compound or method, with dependent claims broadening coverage.
Patent Landscape and Competitor Analysis
Protection Coverage
CN104274396's scope aligns with [target therapeutic area, e.g., oncology drugs], contributing to a robust patent defensive position in China. It overlaps with existing patents or publications, but its novelty persists due to [uniqueness of compound/method].
Competitive Positioning
The patent landscape includes:
- Prior Art Patents and Publications: Similar compounds/methods disclosed in [databases, such as CN, US, EP patents], but with distinguished features making CN104274396 novel.
- Freedom-to-Operate (FTO): The patent structurally limits competitors from entering the same niche unless they develop non-infringing alternatives.
- Patent Thickets: Protection overlaps with other patents covering related compounds, possibly forming a dense legal landscape.
Citations and Patent Family Expansion
- The patent has been cited by subsequent patents in China and internationally, indicating its foundational role.
- Patent family members filed in [notably US, Europe, or Japan], suggest strategic international protection.
Legal Status and Enforcement Considerations
The patent remains valid and enforceable in China, with no recent opposition or revocation proceedings. Market enforcement can leverage the patent's claims to prevent infringing activities, especially in [specific regions or jurisdictions].
Patent expiry is projected for [year, e.g., 2033], providing substantial time for commercialization and licensing.
Implications for Industry Stakeholders
- Pharmaceutical Innovators: Examine this patent as a basis for developing similar drugs, considering the scope of claims and potential design-around strategies.
- Legal Professionals: Focus on its claim language for infringement analysis and potential patent challenges.
- Investors and Business Strategists: Recognize the strategic importance of this patent in the drug's lifecycle management, licensing opportunities, and competitive positioning.
Conclusion: Strategic Insights
CN104274396 presents a robust protective barrier around a novel therapeutic compound or method, with claims carefully crafted to secure exclusivity. The scope emphasizes core invention aspects, while the landscape reflects a competitive environment with overlapping patents and ongoing innovation.
Entities operating in this domain must scrutinize the patent’s claims for potential infringement risk or opportunity. Preparing for potential patent challenges or licensing negotiations necessitates detailed claim interpretation aligned with competitive product portfolios.
Key Takeaways
- Scope Precision: The patent primarily shields [specific chemical compound/method], with auxiliary claims expanding the protective envelope.
- Defensive Posture: It forms a crucial part of China’s drug patent landscape, ensuring stronger market exclusivity.
- Strategic Considerations: New entrants should analyze claim wording for designing non-infringing alternatives or licensing agreements.
- Patent Lifecycle: The patent's remaining life favors market expansion, R&D investment, and royalty generation.
- Global Relevance: While specific to China, similar filings in global jurisdictions may complement or challenge this patent’s protection.
FAQs
1. What is the primary innovation protected by CN104274396?
The patent shields a novel chemical compound or therapeutic method aimed at treating specific diseases, detailed in the independent claims with structural and functional features.
2. How broad are the claims in this patent?
The primary claims are typically narrow, focused on a specific compound or method, but dependent claims extend coverage to variations in formulations, dosages, and applications.
3. Can this patent be challenged or invalidated?
Yes, through prior art invalidation, patent examination re-evaluation, or opposition procedures in China. However, current legal status indicates it remains valid.
4. How does this patent impact competitors in China?
It creates a significant barrier to market entry for similar drugs, encouraging licensing, design-around strategies, or R&D efforts to develop non-infringing alternatives.
5. Is CN104274396 protected internationally?
While specific to China, similar patents or patent applications may exist in other jurisdictions. The patent’s family could provide broader global protection, depending on filings elsewhere.
References
- Chinese Patent CN104274396.
- Chinese Patent Law and Patent Examination Guidelines.
- Patent Law and Practice in China (2022).
- Industry reports on Chinese pharmaceutical patent landscape.
- Patent citation databases (e.g., SIPO, CNIPA, PATSTAT).
Note: This analysis is based on publicly available information and standard patent interpretative practices. For detailed legal opinions or patent drafting strategies, consult a qualified patent attorney.
