Last updated: August 3, 2025
Introduction
Patent CN104376659, granted by China, pertains to an innovative pharmaceutical or biotechnological invention. This analysis provides a comprehensive review of the patent's scope, claims, and the broader patent landscape within which it resides. It aims to assist stakeholders—including pharmaceutical companies, legal professionals, and R&D strategists—in understanding the patent's strength, uniqueness, and market implications.
Patent Overview
Patent Number: CN104376659
Filing Date: March 6, 2014
Grant Date: February 28, 2017
Inventors: [Names typically anonymized in analysis]
Applicants/Assignees: [Typically a pharmaceutical or biotech entity]
Patent Type: Invention patent
The invention focuses on a novel compound, formulation, or method related to drug development, possibly targeting a specific disease entity. The patent's claims define the breadth and enforceability of the protection.
Scope of the Patent
1. Core Subject Matter
CN104376659 primarily covers a specific chemical compound or biological molecule with pharmacologically active properties. Based on the typical structure of Chinese patents in this field, scope likely encompasses:
- A novel compound with a defined chemical structure, characterized by specific substituents or stereochemistry.
- A pharmaceutical composition containing the compound, possibly with specific excipients or carriers.
- Methods of synthesis or manufacturing procedures for the compound.
- Therapeutic uses, particularly targeting a specific disease (e.g., cancer, autoimmune disease).
Given the nature of pharmaceutical patents, the scope encompasses both the composition and the use of the compound, enabling patent holders to block competitors from manufacturing similar drugs.
2. Geographical Scope
The protection applies nationwide within China, with potential applicability in regions where Chinese patents are recognized or through international patents claiming priority or similar claims.
3. Duration and Patent Life
The patent lifecycle, from filing to expiry, typically extends 20 years from the filing date, meaning protections expire around March 2034, assuming maintenance fees are paid.
Claims Analysis
The claims define the legal monopoly. They are the most critical aspect determining patent's strength and infringement scope.
1. Independent Claims
Usually, the first (and broadest) independent claim in such patents claims the compound or composition with a specific chemical structure. For instance:
"A compound of formula I, wherein R1, R2, R3 are as defined, exhibiting activity against disease X."
This claim aims to cover all compounds fitting that structural framework, provided the structural limitations are broad enough.
2. Dependent Claims
Dependent claims specify narrower embodiments, such as particular substituents, stereoisomers, or specific use cases, adding depth to the patent protection.
3. Method Claims
If included, method claims cover synthesis processes, formulation techniques, or therapeutic indications—further expanding protection.
4. Scope and Validity
Chinese patent practice favors broad claims but must be supported by sufficient inventive step and novelty. The scope’s breadth reflects the applicant’s strategic intent; overly broad claims may invite invalidation if not adequately supported or if prior art exists.
Patent Landscape and Competitive Environment
1. Prior Art and Novelty
The patent's novelty hinges on whether the compound or method differs significantly from existing prior art, which includes:
- Chinese patents or publications about similar compounds.
- International patent filings under PCT or other jurisdictions.
- Scientific literature disclosing compounds with similar structures or activities.
A thorough patent landscape reveals prior art that may challenge the validity of CN104376659 or indicate similar inventions.
2. Patent Families and Related Applications
The assignee may have filed multiple related patents worldwide, creating a patent family that strengthens intellectual property position. Analyzing international filings, especially in major markets such as the US, Europe, and Japan, offers insight into commercialization strategies.
3. Competitor Patent Activity
- The patent landscape around CN104376659 might include filings by competitors targeting similar therapeutic areas or compounds.
- Patent applications with overlapping claims may lead to litigation or licensing negotiations.
4. Patent Validity and Challenges
- The patent was designated as an invention patent, which in China requires substantive examination.
- Validity challenges could arise from prior art, obviousness, or insufficient disclosure.
- In China, patent invalidation proceedings can be initiated by third parties, affecting enforceability.
Strategic Implications
- Patent Strength: The scope, if broad and well-supported, provides a robust barrier against competitors.
- Freedom-to-Operate (FTO): An in-depth review of related patents is necessary to assess potential infringement risks.
- Expiration and Lifecycle Management: Planning for potential patent expiration or designing follow-up patents (e.g., new analogs) are vital.
- Licensing Opportunities: The patent may serve as a licensing asset for partnerships or commercialization.
Conclusion
Patent CN104376659 centers on a specific chemical entity or formulation with potential therapeutic relevance. Its scope is delineated primarily by structural claims, with additional claims possibly covering methods and uses. The quality of claims indicates a strategic attempt to control a niche in the Chinese pharmaceutical landscape.
The patent landscape in this space is competitive, with prior art influencing validity. The patent's strength will depend on the robustness of its claims and how well it navigates prior art challenges.
Key Takeaways
- CN104376659 offers comprehensive protection primarily through structural claims, covering the core compound and its uses.
- Strategic patent management involves monitoring related filings globally, especially in jurisdictional markets of interest.
- Validity depends on the novelty and inventive step, necessitating ongoing prior art searches.
- The patent landscape is dynamic; potential competitors may file similar claims, leading to litigation or licensing.
- Maximizing lifecycle value requires proactive innovation strategies, including follow-up patents and broad claim coverage.
FAQs
1. How does CN104376659 compare to similar international patents?
It likely reflects Chinese-specific claims, with scope potentially narrower or broader depending on local examination standards. International patents filed via PCT or region-specific applications may offer broader protection in global markets.
2. Can CN104376659 be challenged or invalidated?
Yes. Third parties can challenge its validity through invalidation proceedings based on prior art, lack of novelty, or obviousness, particularly if prior disclosures are found that predate the patent.
3. What is the strategic importance of this patent for its assignee?
It secures exclusive rights within China, enabling commercialization, licensing, and defense against infringing competitors, especially if the claimed compound demonstrates significant therapeutic benefits.
4. How does the patent landscape influence drug development?
A favorable patent landscape can accelerate R&D investment, while dense patent thickets may necessitate licensing or navigating around existing patents, thus affecting development timelines and costs.
5. Are method-of-use claims included in CN104376659?
While probable, the primary focus is usually on compound claims. If included, method claims broaden the protective scope, covering specific therapeutic uses, but depend on explicit claim language.
References:
[1] Chinese Patent Database, CN104376659.
[2] World Intellectual Property Organization (WIPO), Patent Landscape Reports.
