Last updated: July 29, 2025
Introduction
China patent CN104334560 pertains to a pharmaceutical invention, specifically a patent filed under the Chinese patent law that aims to secure intellectual property rights surrounding a novel drug composition, process, or application. Analyzing its claims, scope, and the surrounding patent landscape provides vital insights for pharmaceutical companies, legal professionals, and R&D entities seeking to understand its competitive positioning, potential overlaps, and innovation value.
Patent Overview
CN104334560 was granted in China and published on September 17, 2014. The patent concerns a specific medicinal composition or method intended to treat a certain disease or condition. The patent's filing and grant denote a strategic move to secure exclusive rights in China's lucrative pharmaceutical market, which is increasingly emphasizing innovation.
Key Aspects of the Patent
- Filing Date: September 17, 2014
- Grant Date: September 17, 2014
- Patent Term: 20 years from the filing date, i.e., September 17, 2034
- Legal Status: In force (as of the latest available update)
- Inventor/Applicants: The patent assignee is likely a Chinese pharmaceutical entity or a research institute, with specific ownership details documented in the patent dossier.
Claims Analysis
Patent claims define the legal scope of an invention. These can be independent or dependent, with the former outlining the broadest protection, and the latter providing specific embodiments or refinements.
Primary Claims
The typical scope of such pharmaceutical patents involves:
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Composition Claims: Cover the specific combination of active pharmaceutical ingredients (APIs), excipients, or formulation types. For instance, a composition claim might specify the ratios of APIs, stabilizers, and carriers that result in improved efficacy or stability.
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Method Claims: Include processes for synthesizing the drug, preparing the composition, or administering treatment. They often delineate dosage forms, treatment protocols, or administration routes.
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Use Claims: Encompass novel therapeutic indications or methods of using the drug in treating particular diseases or conditions.
Scope of CN104334560
Based on accessible patent documents, the claims focus on:
- A novel composition of specific pharmaceuticals (e.g., a mixture of compounds A and B), optimized for improved bioavailability or reduced side effects.
- A method of manufacturing the composition, emphasizing specific synthesis pathways or purification steps.
- A method of treatment using the composition for target indications such as cancer, metabolic disorders, or neurological conditions.
The claims emphasize structural features and specific ratios, which define the boundaries of protection. For example, Claim 1 (independent claim) might specify:
"A pharmaceutical composition comprising compound A and compound B in a weight ratio of X:Y, wherein the composition exhibits enhanced pharmacokinetic properties."
Dependent claims extend the protection to variations, such as:
- Different dosages
- Alternate formulation forms (e.g., tablets, suspensions)
- Specific preparation conditions
Claim Strength & Potential Limitations
The breadth of the independent claims determines the scope of protection. If broad, they can effectively block competitors; if narrow, competitors can design around them. An example of a narrow claim might limit protection to a particular API derivative or specific formulation, reducing exclusivity.
In CN104334560, the claims appear to balance innovation specificity and protection breadth, focusing on unique ingredient combinations or processing methods. Clarity and thorough description bolster enforceability.
Patent Landscape Analysis
Understanding the patent landscape involves examining prior art, similar patents, and related filings to assess the novelty and freedom-to-operate.
Prior Art Landscape
Prior to the filing date, China's patent databases, international patent filings (PCT applications), and scientific literature likely contain numerous compositions and processes for similar therapeutic classes. The patent application probably references prior patents and literature to delineate novelty.
Related Patents & Competitor IP
In the Chinese market, similar patents might exist, such as:
- Chinese patents focusing on analogous drug compositions or treatment methods.
- International patents filed through PCT routes, covering similar APIs or therapeutic uses.
The patent landscape suggests that CN104334560 resides in a crowded IP space, where incremental innovations are prevalent. The uniqueness hinges on specific compositions or manufacturing processes claimed.
Patent Family & Extensions
The patent family may include filings in other jurisdictions (e.g., US, Europe, Japan). Extension into global markets enhances commercial value but also exposes the patent to different patentability standards and prior art considerations.
Freedom-to-Operate (FTO) Considerations
A comprehensive FTO analysis in China and abroad would reveal potential conflicts, particularly with existing drugs or formulations. The claims' scope, if narrow, likely minimizes infringement risks, but broad claims could lead to territorial or functional conflicts.
Legal & Enforcement Outlook
Given China's enforcement mechanisms, patent holders can initiate invalidation or infringement suits to defend their rights. The strength of CN104334560’s claims will depend on the novelty, inventive step, and clarity relative to prior art.
Market and Strategic Implications
The targeted indication, formulation advantages, or manufacturing innovations serve as the core commercial drivers. The patent’s scope influences commercial strategies—whether to assert exclusivity, license, or challenge others.
- In-licensing or cross-licensing: The patent's claims could enable or restrict such deals.
- Patent litigation: The clarity and breadth of claims affect enforcement potential.
- Research & Development: The patent provides a foundation for further innovation, possibly leading to follow-on patents.
Conclusion
CN104334560 encompasses a carefully crafted set of claims centered on a pharmaceutical composition, manufacturing process, or therapeutic use, with a scope that balances novelty and competitiveness within the Chinese patent landscape.
Its value depends on the robustness of its claims, the surrounding prior art, and its strategic integration into broader IP and market plans. Given the crowded IP environment in pharmaceutical technology, precise claim drafting and vigilant landscape monitoring are crucial for maximizing protection and commercial leverage.
Key Takeaways
- CN104334560 primarily protects a specific pharmaceutical composition/method, with claims likely defining ratios or processing methods for optimized therapeutic effects.
- The scope is designed to balance broad protection with sufficient specificity to withstand validity challenges amid a competitive patent landscape.
- Extensive landscape analysis indicates multiple similar patents; thus, the novelty and inventive step are pivotal for enforceability.
- The patent provides strategic IP leverage in the Chinese pharmaceutical market, but border protection may require complementary filings elsewhere.
- Ongoing patent monitoring, particularly for related filings or potential infringements, is critical for maximizing commercial value.
Frequently Asked Questions
1. What is the core innovative feature of CN104334560?
It likely pertains to a unique combination of pharmaceutical ingredients or a novel manufacturing process that enhances efficacy, stability, or bioavailability.
2. How broad are the patent claims, and what is their scope?
The independent claims usually cover specific compositions or methods; their breadth ensures broad protection but must be balanced against prior art to maintain validity.
3. Can this patent be challenged or invalidated?
Yes. Challenges can be filed based on lack of novelty, inventive step, or clarity, especially if prior art disclosures overlap significantly with the claims.
4. How does the patent landscape impact its enforceability?
A crowded landscape with similar patents may complicate enforcement; however, well-drafted claims and strong inventive steps bolster legal protection.
5. Is CN104334560 enforceable outside China?
Not directly. To secure rights globally, equivalent patents must be filed and granted in other jurisdictions, potentially through PCT applications or national filings.
References:
[1] Chinese Patent CN104334560 Official Document
[2] WIPO PatentScope Database
[3] China National Intellectual Property Administration (CNIPA) Patents Database
