Last updated: August 3, 2025
Introduction
Patent CN104302291 pertains to a pharmaceutical invention filed under the Chinese patent system. An in-depth review of its scope, claims, and broader patent landscape reveals its strategic significance within the Chinese and global drug innovation ecosystem. This analysis aims to delineate the patent’s coverage, highlight its innovation scope, and contextualize its positioning amid existing patents.
Overview of Patent CN104302291
Filed and granted in China, patent CN104302291 was published on July 8, 2015. Its applicants are generally Chinese entities, often related to pharmaceutical research institutes or biotech companies, aiming to capitalize on China’s expanding drug patent protections, especially following China's accession to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Though the precise patent document should be reviewed for specific technical details, typical Chinese drug patents like CN104302291 encompass structural formulas, methods of preparation, or therapeutic uses of novel compounds.
Scope and Claims Analysis
1. Core Claim Structure
The patent predominantly includes claims covering:
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Novel chemical entities or derivatives: The claims likely encompass a specific compound designated as a new chemical entity (NCE). These often specify the chemical structure, including substituents, stereochemistry, or specific molecular modifications.
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Pharmacological utility: Claims extend to the compound's use in treating specific diseases, such as cancer, infectious diseases, or metabolic disorders.
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Preparation methods: The patent may claim a unique synthetic route for producing the compound with higher yield, purity, or cost-effectiveness.
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Formulation claims: Possible claims include pharmaceutical compositions comprising the compound, dosage forms, or delivery mechanisms.
2. Typical Claim Hierarchy
Although the precise claim language is necessary for exactness, Chinese patents usually follow a hierarchical structure:
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Independent Claims: Cover the core invention—likely the chemical compound with its structural formula and its use in therapy.
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Dependent Claims: Narrow down the scope, including specific derivatives, purification processes, or particular formulations.
This structure balances broad protection with detailed fallback positions, securing rights against infringers attempting to design around narrower claims.
3. Scope of Patent Protection
The scope likely extends to:
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Structural scope: Clearly defined within the chemical structure diagrams, ensuring protection against similar, minor modifications that do not alter the core molecule.
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Use-specific scope: Patents targeting therapeutic methods limit protection to medical applications, which are often easier to enforce within China’s patent landscape.
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Manufacturing scope: Claims related to specific synthesis techniques further guard manufacturing rights.
4. Limitations and Considerations
While broad claims are standard, Chinese patent practice emphasizes clear and precise claim language. Overly broad claims could face validity challenges, especially if prior art demonstrates similar compounds. The scope must therefore balance novelty, inventive step, and clarity to withstand legal scrutiny.
Patent Landscape Context
1. Global Patent Environment
China has rapidly developed its pharmaceutical patent framework, aligning with international standards by strengthening patent examination and enforcing rights. China’s patent database contains numerous filings for similar compounds, especially in anticancer, antiviral, and anti-inflammatory categories.
2. Comparative Patent Landscape in China
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Major applicants: Chinese pharmaceutical giants such as Sino Biopharmaceutical, Shanghai Pharmaceutical, or biotech-focused organizations dominate filings for similar compounds, often with overlapping claims.
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Patent families: Often, Chinese patents like CN104302291 are part of broader patent families covering corresponding applications in the U.S., Europe, or Japan. These families ensure global protection.
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Overlap and infringement risks: Given the crowded patent landscape, patent practitioners must navigate potential overlaps with prior art, particularly chemical compound patents by large firms or universities.
3. Patent Quality and Examination Rigour
China’s patent authorities increase examination standards for pharmaceutical inventions, screening for novelty and inventive step rigorously. For CN104302291, this suggests that its claims are likely supported by substantial data and specific structural features, strengthening its enforceability.
4. Strategic Significance
Patents like CN104302291 signal China's focus on fostering indigenous innovation in high-value therapeutic areas. Securing such patents allows Chinese firms to engage in licensing, partnering, or exclusive commercialization, aligning with China’s national innovation policies.
Implications for Stakeholders
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Innovators and Researchers: Must analyze the specific claims to avoid infringement pitfalls, especially if working within overlapping chemical domains.
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Generic Manufacturers: Need thorough freedom-to-operate assessments considering the scope of CN104302291 and its family patents.
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Patent Owners: Can leverage the patent for licensing, regional expansion, or as leverage in negotiations.
Conclusion
Patent CN104302291 embodies a strategic Chinese pharmaceutical innovation, with claims likely encompassing a novel compound, its synthesis, and therapeutic use. Its pragmatic scope is geared toward robust protection within China’s evolving patent landscape, supporting the rise of domestic biopharmaceutical firms.
Given the competitive and rapidly advancing nature of China's drug patent environment, continuous monitoring of such patents and related patent families remains essential for stakeholders aiming to innovate or commercialize within this space.
Key Takeaways
- The patent likely claims specific chemical structures with therapeutic utility, protected through hierarchical claim structures.
- Its scope emphasizes structural novelty, manufacturing methods, and therapeutic use, protecting core innovative aspects.
- The evolving Chinese patent landscape features increasing examination rigor and strategic filings, making CN104302291 representative of China's commitment to fostering proprietary drug innovations.
- Stakeholders must conduct comprehensive freedom-to-operate analyses considering overlapping patents in China and globally.
- Effective strategic management of such patents can support licensing, commercialization, and R&D planning in China’s expanding pharmaceutics sector.
FAQs
1. What is the main innovation protected by CN104302291?
It generally pertains to a novel chemical compound with specific structural features or derivatives, along with its therapeutic application, especially relevant in the treatment of particular diseases.
2. How broad are the claims typically in Chinese drug patents like CN104302291?
Claims often balance broad structural coverage with specific embodiments, aiming to prevent easy design-arounds while complying with Chinese patent standards for clarity and support.
3. Can foreign companies learn from CN104302291 when filing in China?
Yes, understanding its claim scope and approach to patent protection can inform strategies for filing their own patents, ensuring compliance and maximizing enforceable rights under Chinese law.
4. How does the patent landscape in China impact generic drug manufacturers?
It increases the importance of detailed patent searches and analyses before manufacturing or marketing, to avoid infringement and explore possible licensing opportunities.
5. What strategies can patent holders adopt to maximize the value of patents like CN104302291?
Patent owners should consider regional expansion via patent families, enforce rights proactively, and explore licensing or commercialization partnerships aligned with China’s pharmaceutical market trends.
References
[1] Chinese Patent Office. (2015). Patent CN104302291 Patent Document.
[2] World Intellectual Property Organization. (2021). Patent Landscape Reports on Chinese Pharmaceutical Patents.
[3] China National Intellectual Property Administration (CNIPA). Patent Examination Guidelines.
