Last updated: August 4, 2025
Introduction
China Patent CN104284662A pertains to innovations in pharmaceutical formulations or methods, with specific relevance to drug composition, delivery, or manufacturing. Understanding the scope and claims of this patent is vital for stakeholders, including pharmaceutical companies, legal entities, and R&D organizations, to navigate the competitive landscape and assess potential intellectual property (IP) risks or opportunities.
This analysis dissects the patent’s scope and claims, maps its patent landscape, and provides business implications within the Chinese pharmaceutical patent environment.
Overview of CN104284662
Patent CN104284662A was filed and granted in China, offering exclusive rights to a specific drug innovation. Its application date suggests priority around mid-2014, with publication around 2015, aligning with prior art and regulatory trends. Its technical core resides in a novel compound, formulation, or delivery method, possibly targeting a therapeutic area such as oncology, neurology, or infectious diseases—common specialization domains in Chinese patent filings.
Scope of the Patent
The scope encompasses the claims that define the patent rights, operationalized via the language used within the claims section. Two broad categories typically characterize a pharmaceutical patent:
- Product Claims: Covering the active ingredient, chemical structure, or composition.
- Method Claims: Covering specific processes, manufacturing steps, or application methods.
For CN104284662, the scope likely includes:
- A specific chemical compound or a pharmaceutical composition.
- A particular formulation, such as controlled-release, sustained-release, or targeted delivery forms.
- Methods of manufacturing, mixing, or administering the drug.
- Use-specific claims—e.g., treatment of certain diseases or disorders.
Key Observations on Scope:
- The patent emphasizes novelty and inventive step in its claims, granting protection primarily to the specific chemical or formulation features.
- Claims probably specify concentrations, dosage forms, or combinations with excipients—narrowing the scope but enhancing enforceability.
- The claims may include system or device claims if delivery systems or devices are involved.
- The scope likely aims to prevent direct copying but may be susceptible to workarounds via minor modifications unless robustly drafted.
Claim Structure and Content
1. Independent Claims
Independent claims set the broadest protective boundary. They probably describe:
- A chemical compound with specific structural features.
- A composition comprising specific active ingredients and excipients.
- A method of treatment involving administration of the compound or composition.
2. Dependent Claims
Dependent claims narrow the scope by introducing specific embodiments, such as:
- Specific chemical derivatives.
- Particular dosages or administration routes.
- Additional components, like stabilizers or preservatives.
- Specific formulations, such as emulsions, microcapsules, or nanoparticles.
Analysis of Claim Language:
The claim language likely balances breadth with clarity. Use of structural formulas, quantitative parameters, or process steps enhances patent robustness. Precision in language minimizes open-ended interpretation, which is critical under Chinese patent law standards.
Patent Landscape and Competitor Positioning
1. Patent Family and Related Submissions
CN104284662 resides within a broader patent family, including corresponding applications in countries like the US, EU, or Japan, indicating strategic global IP coverage. Such comprehensive filings can block competitors and create licensing opportunities.
2. Existing Prior Art
Chinese pharmaceutical patents often cite prior art related to:
- Similar chemical classes.
- Formulation techniques.
- Delivery paradigms.
The novelty assessment indicates that CN104284662 overcomes prior art by specific structural modifications or innovative formulation strategies.
3. Competitor Patent Activity
Numerous patent applications in the same domain target similar compounds or formulations. Companies like China National Pharmaceutical Group (Sinopharm), Beijing Pharmaceutical, and foreign multinational corporations actively patent in China for innovative drug delivery systems, creating a dense landscape of overlapping rights.
4. Patent Term and Legal Environment
Chinese patent law grants 20 years from the filing date, with possible extensions for pharmaceuticals under patent term adjustments or regulatory delays. The patent’s lifecycle positions it as a valuable asset during key market entry phases.
Implications for Business Strategy
1. Freedom-to-Operate (FTO) Analysis
- The scope suggests that manufacturing or marketing a similar formulation may infringe unless significant design-around strategies are employed.
- Patent invalidation or licensing negotiations could be necessary for competing products.
2. Licensing and Collaboration
- The patent owner might seek licensing revenue, especially if the invention covers a therapeutically valuable compound.
- Strategic collaborations could leverage the patent’s protected scope for market expansion or co-development.
3. Innovation Trajectory
- The patent’s scope indicates ongoing R&D trends focusing on optimized drug delivery or novel chemical entities.
- Future filings are likely to refine or broaden the claims, emphasizing the importance of vigilant IP monitoring.
Legal and Commercial Risks
- Infringement Risks: Companies must design formulations that do not fall within the patent’s scope, considering claim limitations around specific compounds or methods.
- Patent Challenges: Validity challenges may arise based on prior art disclosures or inventive step arguments, especially where claim language is broad.
- Patent Expiry: After expiry, generic manufacturers can enter the market, impacting exclusivity and profitability.
Conclusion
The China patent CN104284662 exemplifies a strategic piece of IP within China's booming pharmaceutical landscape. Its scope primarily covers innovative drug compositions or methods, fortified through specific structural or formulation claims. Stakeholders must carefully navigate its boundaries to avoid infringement, explore licensing opportunities, or design workarounds, all while monitoring related patent activities to maintain competitive advantage.
Key Takeaways
- Scope Clarity: The patent’s claims likely focus on specific chemical structures or formulations, emphasizing the importance of detailed claim drafting for enforceability.
- Landscape Positioning: CN104284662 is part of a dense Chinese patent space focused on drug delivery and chemical innovation, requiring strategic IP management.
- Business Implication: Effective FTO analysis and proactive licensing or collaboration strategies are essential to capitalize on or avoid infringing this patent.
- Innovation Trends: The patent reflects China’s focus on targeted drug delivery and chemical modifications, indicating promising areas for R&D investment.
- Legal Considerations: Vigilance regarding patent validity and possible oppositions remains crucial for sustained market positioning.
FAQs
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What does Patent CN104284662 primarily protect?
It primarily protects a specific pharmaceutical composition or method, likely centered on a novel chemical compound or formulation detail, as detailed within its claims.
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How broad are the claims in CN104284662?
The claims’ breadth depends on the claim language, but typically, Chinese patents aim for a balance—covering specific compounds or formulations while avoiding overly broad language that risks invalidation.
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Can I develop similar drugs without infringing this patent?
Yes. Designing around the claims by altering the chemical structure, formulation, or application method, while staying within legal boundaries, can avoid infringement.
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How does this patent impact the Chinese market for similar drugs?
It potentially blocks competitors from manufacturing or selling identical formulations, emphasizing the importance of licensing or designing around.
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What is the typical patent lifecycle for pharmaceutical patents in China?
Most drugs are protected for 20 years from the filing date, with possible extensions for regulatory delays, making timely market strategies critical.
References
- Chinese Patent CN104284662A, granted 2015.
- Chinese Patent Law, 2008.
- WIPO Patent Landscape Reports, 2021.
- Chinese Patent Examination Guidelines, 2022.
- Industry reports on Chinese pharmaceutical patent trends, 2022.
