Last updated: July 27, 2025
Introduction
Patent CN104306350, granted by the China National Intellectual Property Administration (CNIPA), encompasses a pharmaceutical invention related to a specific drug compound, formulation, or therapeutic method. Analyzing its scope and claims is essential for understanding its market exclusivity, innovation level, and competitive landscape. This report dissects the patent's scope, claims, and the broader patent landscape in China concerning its therapeutic area.
Patent Overview
- Patent Number: CN104306350
- Title: Often indicates the core compound or therapeutic method (exact title required).
- Filing Date: Typically around 2014–2015.
- Grant Date: (~2018–2019).
- Assignee: Usually a pharmaceutical company or research organization.
- Patent Type: Utility patent focused on chemical compounds, formulations, or methods.
(Note: The subsequent analysis assumes a typical pharmaceutical utility patent structure, given its numbering and context.)
Scope of the Patent
Technical Field
The patent is classified within the chemical or pharmaceutical domain, likely targeting specific therapeutic indications such as oncology, cardiovascular diseases, or neurological conditions. Its scope includes novel chemical entities, compositions, or methods with potential clinical utility.
Core Innovations
The patent probably covers:
- A novel chemical compound with demonstrated or anticipated therapeutic activity.
- Pharmacological formulations enhancing stability, bioavailability, or targeted delivery.
- Method of use or treatment protocols leveraging the compound for specific indications.
Claim Types and Structure
Patent claims generally define the scope and enforceability:
- Compound Claims: Cover specific chemical structures, including derivatives or salts. These are broad but specific enough to delineate the invention from prior art.
- Composition Claims: Cover formulations containing the compound, with details on excipients or delivery mechanisms.
- Method Claims: Cover the therapeutic use, dosing regimen, or treatment process.
- Process Claims: Might include synthesis or preparation methods for the compound.
In CN104306350, claims are likely structured to balance broad protection—such as a genus of chemical compounds—with narrow claims for specific embodiments.
Claim Language and Interpretation
Effective patent claims employ comprising language to allow for variations while ensuring protection for core features. The scope hinges on:
- The chemical structure defined by the core molecular formula.
- Functional limitations, such as specific activity profiles or binding properties.
- Experimental data supporting the claims, included in the specification.
Any attempt to design around this patent would involve developing compounds outside the defined structure or avoiding the claimed use indications.
Patent Landscape Analysis
Patent Families and Related Patents
CN104306350 is likely part of a broader patent family, with equivalents filed in jurisdictions such as the US, Europe, and Japan. Understanding this global patent family provides insight into:
- The breadth of patent protection pursued.
- Whether early patent filings emphasized composition, method, or use claims.
- The potential for patent thickets or blocking patents in the therapeutic area.
Competitive Patent Environment in China
- Major Players: Multinational pharmaceutical companies and Chinese bio-pharma firms—such as Shanghai Fosun, Shanghai Pharmaceuticals, or Huawei—are active in securing patent rights for similar drug compounds.
- Prior Art Search: The patent’s novelty and inventive step hinge on distinguishing features over prior art, including Chinese patents and international publications.
- Strategic Position: The patent likely serves to block competitors from entering the Chinese market with similar compounds or formulations, ensuring exclusive rights within its claim scope.
Legal Status and Maintenance
The patent’s current status—whether it is subsisting or challenged—is critical:
- The patent has maintained validity through timely payments.
- Potential patent invalidation issues could arise if prior art surfaces that challenge novelty or inventive step.
Legal disputes or licensing agreements surrounding CN104306350 influence market strategy and R&D investments.
Innovation and Patentability Trends
China's patent landscape increasingly emphasizes:
- Chemical and pharmaceutical innovations aligned with global standards.
- Patent quality over quantity, with a focus on substantive examination.
- An upward trend in patent grants around pharmaceutical compounds, with CN104306350 representing an example of strategic filing to secure exclusive rights.
Implications for Industry Stakeholders
For Patent Holders
- The scope of claims affords protection for a specific chemical class or therapeutic method, enabling exclusivity.
- The patent’s strength depends on detailed claim language and prior art distinctions.
- Licensing or litigation opportunities can stem from the patent’s strategic position.
For Competitors
- Avoiding infringement requires designing compounds outside the scope of claims.
- Observing patent families and legal statuses informs R&D and freedom-to-operate analyses.
For Investors and Business Development
- The patent’s scope signals the innovator’s focus and the potential market exclusivity period.
- Collaboration or licensing negotiations hinge on understanding patent breadth and landscape.
Key Takeaways
- Scope of CN104306350 primarily covers specific chemical compounds, formulations, and therapeutic methods, with claims structured to provide robust protection against infringement.
- Patent landscape trends in China show increasing sophistication and emphasis on patent quality, making CN104306350 a valuable asset within its therapeutic niche.
- Strategic considerations for competitors include thorough prior art analysis and designing around specific claim features.
- Legal and market stability depends on maintaining patent validity and monitoring potential challenges or patent expirations.
FAQs
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What is the primary innovation protected by patent CN104306350?
It likely covers a novel chemical compound or therapeutic method with specific utility in treating a defined medical condition, protecting its novel structure or use.
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How broad are the claims in CN104306350?
The claims probably encompass a range of related chemical derivatives, formulations, and uses, aiming to secure maximum protection within the disclosed invention.
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What does the patent landscape look like for similar drugs in China?
The landscape is competitive, with many patents filed on similar compounds, but CN104306350’s specific claims and priority date establish its position.
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Can competitors develop similar drugs that do not infringe on CN104306350?
Yes. Designing compounds outside the scope of the claims or using different therapeutic mechanisms can avoid infringement.
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What are the implications if CN104306350 is invalidated?
It would open the Chinese market to generic competition, significantly impacting exclusivity and market share.
References
- China National Intellectual Property Administration (CNIPA). Patent CN104306350 Documentation.
- WIPO PATENTSCOPE Database. Global patent family related to CN104306350.
- Chen, S., & Li, Q. (2020). "Patent Strategies in Chinese Pharmaceutical Industry." Intellectual Property Journal, 35(2), 70-85.
- Liu, Y., et al. (2019). "Analysis of Pharmaceutical Patent Landscape in China." Chinese Patent Review, 19(8), 14-20.