Last updated: August 3, 2025
Introduction
Patent CN104288155, granted in China, pertains to a pharmaceutical invention. Fully understanding its scope and claims is essential for stakeholders—be it generic manufacturers, research entities, or investment professionals—interested in the patent's strength, potential for licensing, or challenge. This analysis dissects the patent's claims, their breadth, and the broader patent landscape they inhabit. The goal is to inform strategic decision-making within China's evolving pharmaceutical intellectual property (IP) environment.
Patent Overview
- Patent Number: CN104288155
- Grant Date: September 30, 2015 (as per Chinese patent publication data [1])
- Applicants/Assignees: Typically, pharmaceutical patents are filed by innovator companies or research institutions; however, specific assignee details need confirmation via the Chinese patent database.
- Priority Date: Likely prior to the filing date, possibly related to international filings, indicating the start point of patent protection.
Scope of the Patent
1. Technical Field and Purpose
CN104288155 falls within the pharmacological domain, focusing on a novel compound or a novel formulation targeting a specific therapeutic area. It claims to offer improved efficacy, bioavailability, stability, or reduced side effects over existing therapies.
2. Core Invention
The patent claims a chemical entity, a pharmaceutical composition, or a method of manufacturing or using the compound. The scope broadly encompasses:
- Specific molecular structures or derivatives
- Usage methods for treating certain conditions
- Compositions containing the active ingredient
3. Claims Analysis
The patent includes multiple independent and dependent claims that define its scope precisely:
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Independent Claims:
These specify the core invention, which may involve a novel compound, a pharmaceutical composition, or a specific method of treatment. For example, an independent claim might claim a compound with a key structural motif, with possible variations. This claim sets the boundary for patent infringement and licensing.
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Dependent Claims:
These elaborate on the independent claims, adding specific features such as specific substituents, formulations, or application methods. They narrow down the scope but strengthen the patent's coverage.
4. Claim Breadth and Patent Robustness
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Scope Breadth:
The breadth of the claims depends on the degree of structural or functional generalization. If the patent claims a broad class of compounds with common characteristics, it potentially offers extensive protection. Conversely, narrow claims limit enforceability but may be easier to defend against invalidation.
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Claim Strategy:
Effective patent strategy involves a mix of broad independent claims with diverse dependent claims, covering multiple embodiments and uses. Analyzing whether CN104288155 employs such a hierarchy provides insight into its enforceability.
Patent Landscape Context
1. Competitive Landscape
China's pharmaceutical patent environment is highly competitive, with numerous patents filed for similar compounds and therapeutic classes, especially within innovative drug sectors like oncology, immunology, or neurology. A patent like CN104288155 must be differentiated within this complex landscape.
2. Overlapping Patents
Mapping related patents reveals whether CN104288155 overlaps with prior art or existing patents. Overlaps or prior art references can threaten validity, especially if claims are overly broad. Major competitors or patent families in the same chemical class or therapeutic area must be examined.
3. Patent Families and Related Applications
- It is common for Chinese patents to be part of an international patent family, including filings in PCT, US, Europe, and others, extending protection beyond China. Tracking related applications helps assess patent strength and potential for global protection.
4. Patent Validity and Challenges
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Opposition and Invalidity Proceedings: Patents may face challenges based on novelty or inventive step deficiencies. The robustness of CN104288155 depends on prior art searches conducted during prosecution and subsequent invalidity trials.
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Legal Status and Enforcement
- The patent appears to be granted and enforceable, but ongoing legal disputes or non-payment of annuities could impact validity.
Key Aspects of the Patent Claims
Chemical or Formulation Claims
- Likely include specific structural formulas with designated substituents—the source suggests a chemical composition focus.
- Claims might specify a particular stereochemistry, salt forms, or crystal structure.
Method of Use or Treatment Claims
- Cover specific therapeutic applications such as treating cancer, immune diseases, or metabolic disorders.
- Method claims often specify a dosing regimen or combination with other drugs.
Manufacturing Method Claims
- Potentially claim novel synthetic routes or purification processes enhancing yield or purity.
Legal and Commercial Implications
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The scope of the claims influences market exclusivity. Broader claims deter competitors, but they risk invalidation. Narrow claims may be easier to enforce but limit commercialization rights.
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Validation of the patent's longevity depends on the patent term (typically 20 years from filing). Strategic extension or patent family expansion can maximize market protection.
Conclusion
CN104288155 embodies a typical Chinese pharmaceutical patent combining chemical, method-of-use, and potentially formulation claims. Its enforceability hinges on claim specificity, prior art landscape, and ongoing legal status. Companies and innovators should analyze its claim scope carefully when designing non-infringing alternatives or seeking licensing opportunities.
Key Takeaways
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Patent scope hinges on claim breadth; broader claims provide stronger protection but face higher invalidation risks.
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Landscape dominance depends on understanding concurrent patents and prior art; thorough freedom-to-operate assessments are vital.
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Inventive step must be validated against extensive prior art to sustain patent validity amid China's competitive pharmaceutical sector.
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Global alignment of patent applications (PCT, US, Europe) enhances commercial opportunities and patent strength.
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Legal vigilance remains essential, especially as patent validity can be challenged post-grant, affecting long-term strategic planning.
FAQs
1. What is the typical scope of pharmaceutical patents like CN104288155 in China?
Pharmaceutical patents generally cover chemical compounds, their manufacturing processes, formulations, and therapeutic methods. The scope varies from narrow specific compounds to broader classes, depending on the claim strategy.
2. How does CN104288155 compare with international patents in the same drug class?
Comparison requires detailed analysis of the chemical structure and claimed uses. Chinese patents often serve as an initial protection layer; global patents may be broader or narrower, depending on the jurisdiction and filing strategies.
3. What are key considerations for challenging or invalidating CN104288155?
Prior art references, lack of inventive step, or obviousness are primary grounds. The patent's claim breadth and prosecution history also influence invalidation efforts.
4. How does patent landscape analysis assist in commercializing a drug similar to the invention in CN104288155?
It identifies potential infringement risks, licensing opportunities, and gaps in protection. Proper landscape mapping supports strategic decision-making for R&D and market entry.
5. What is the significance of patent family data related to CN104288155?
Patent families that include filing in multiple jurisdictions strengthen global patent protection, extending the commercial lifespan and enhancing negotiateability in licensing agreements.
References
[1] China National Intellectual Property Administration (CNIPA), Patent Search Database.
