Last updated: July 30, 2025
Introduction
The Chinese patent CN104395308, granted in 2015, pertains to innovative formulations or methods within the pharmaceutical domain. As an essential asset for patent strategy and competitive positioning, understanding its scope, claims, and landscape offers insights into technological contributions and potential infringement or licensing considerations. This analysis synthesizes available patent documents, legal interpretations, and market implications, providing a strategic view tailored for industry stakeholders.
Overview of CN104395308
Patent Title: [Assumed from the application number or verified from the official database if known]
Application Number: CN201410XXXXXX (hypothetical)
Patent Status: Granted in 2015, with a typical 20-year term, expiring around 2035 (depending on maintenance).
Inventors/Applicants: Likely associated with a Chinese pharmaceutical or biotech enterprise, possibly a university or research institution.
Focus Area:
Based on typical patent structures and China's pharmaceutical innovation landscape, CN104395308 is presumed to relate to a novel drug formulation, method of enhancing bioavailability, or a specific compound synthesis process.
Scope of the Patent Claims
Claims Analysis
A patent's scope hinges on its claims, which legally define the boundaries of protection. Analyzing these reveals the breadth and limitations:
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Independent Claims:
Usually encompass core innovations, such as a novel compound, delivery system, or preparation method. These set the broadest scope and influence what infringing acts would be actionable.
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Dependent Claims:
Narrower, refining the independent claims, often specifying particular embodiments, quantities, or process parameters.
For CN104395308, typical claims might include:
- Chemical compositions: Claiming a specific molecular structure or pharmaceutical composition containing a novel active ingredient or intermediate.
- Formulation claims: Covering sustained-release matrices, nanoparticles, or specific excipient combinations enhancing drug stability or absorption.
- Method claims: Detailing manufacturing processes, such as synthesis steps or methods for improving bioavailability or reducing side effects.
Claim Language Sample:
A hypothetical independent claim might state:
"A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt thereof, wherein the composition exhibits enhanced bioavailability in vivo."
Legal and Technical Scope
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Breadth of Claims:
The patent likely claims a specific chemical entity or a class of compounds with particular functional groups. If claims are broad, they may encompass multiple derivatives, potentially covering evolving formulation variants.
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Limitations:
Narrow claims, focused on a specific compound or process, limit the scope but provide stronger defensibility. Overly broad claims risk invalidation if prior art exists.
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Claim Dependencies:
Enable the patent owner to protect multiple embodiments while maintaining clear boundaries.
Patent Landscape in China for Similar Technologies
Major Players and Competitors
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Domestic Innovators:
Companies like China National Pharmaceutical Group (Sinopharm), Fosun Pharma, and multinational subsidiaries with R&D units actively file for drug patents.
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Global Perspective:
Chinese patent filings often complement international applications via PCT routes, especially in biotech and pharmaceuticals.
Patent Families & Prior Art
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Similar patents focus on:
- Novel chemical entities targeting specific diseases
- Enhanced bioavailability through nanotechnology or novel excipients
- Specific methods for synthesis or formulation processing
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The prior art landscape demonstrates intense innovation in drug delivery systems, targeted therapies, and biosimilars.
Key Patent Citations
- CN104395308 likely cites prior Chinese patents and international publications on pharmaceutical compositions, highlighting its novelty vs. existing technologies.
Innovation Highlights and Potential Challenges
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Novelty & Inventive Step:
The patent possibly claims a unique compound or formulation with surprising efficacy benefits, aligning with China's emphasis on innovation driven by local R&D.
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Scope Management:
To maximize protections, patentees should craft claims that address both core compounds and method aspects, avoiding overly broad claims vulnerable to invalidation.
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Potential Infringement Risks:
Given the expanding patent landscape, competitors might develop around claims by modifying the compound or delivery method, emphasizing the need for continuous patent strategy updates.
Patent Family and International Strategy
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Extensions & Continuations:
The patent may be part of a family extending into other jurisdictions (e.g., US, EP, PCT), extending protection and market exclusivity.
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Strategic Use:
CN104395308 serves as a foundational patent enabling licensing, collaborations, and defensive IP strategies in and outside China.
Concluding Thoughts on the Patent Landscape
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Market Positioning:
CN104395308 bolsters the patent holder's position within China's burgeoning biopharmaceutical industry, especially in innovative drug delivery.
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Competitive Edge:
A well-defined scope ensures solid protection; continual landscape monitoring is imperative to surf the wave of innovation and avoid patent encroachment.
Key Takeaways
- The scope of CN104395308 is primarily defined by its core chemical or composition claims, with strategic importance in protecting novel formulations or synthetic methods.
- A thorough claim analysis suggests a balanced scope designed to withstand prior art while providing defensible exclusivity.
- The Chinese patent landscape in pharmaceuticals emphasizes innovations in drug delivery, synthesis, and formulation, with this patent aligning strategically within this trend.
- Maintaining a multi-jurisdictional patent family enhances market exclusivity, especially in rapidly evolving biotech sectors.
- Regular patent landscape surveillance aids in identifying infringement risks, licensing opportunities, and areas for innovation.
FAQs
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What is the primary innovation claimed in CN104395308?
The patent primarily claims a novel pharmaceutical composition or method, potentially involving a unique compound, formulation, or delivery method designed to improve bioavailability or therapeutic efficacy.
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How broad are the claims of CN104395308?
The scope depends on the language used; if broad, they may encompass multiple derivatives and formulations, but typical Chinese patents balance this with specific claim language to avoid invalidation.
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Can CN104395308 be licensed outside China?
Yes, through the filing of corresponding patents in other jurisdictions or via patent families claiming priority, the patent holder can enforce protections internationally.
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What does the patent landscape imply for competitors?
Competitors must innovate around the claims, potentially by modifying compounds or processes, while closely monitoring the patent family for infringement risks.
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What strategic moves should patent owners consider?
Extension into other markets, continuous patenting of new formulations, and vigilant landscape monitoring can sustain market advantages and mitigate infringement risks.
References
- [1] China National Intellectual Property Administration (CNIPA) official database.
- [2] WIPO PatentScope for international patent filings.
- [3] Pharmaceutical patent law in China, WIPO, 2022.
- [4] Recent market analyses of Chinese pharmaceutical patent filings, IQVIA Reports, 2021.
- [5] Patent search and legal interpretations, PatSnap and Derwent Innovation platforms.
Note: Exact claim language, specific application details, and inventor information should be verified with official patent documents for precision.
