Last updated: August 4, 2025
Introduction
China Patent CN104428025, filed by a prominent pharmaceutical innovator, represents a notable development within the country's drug patent landscape. This patent pertains to a novel therapeutic compound or formulation, potentially offering new avenues for treatment or drug delivery. An in-depth understanding of its scope, claims, and the broader patent landscape is essential for stakeholders—including pharmaceutical companies, patent attorneys, and R&D entities—to assess its strategic value, patentability, and potential landscape competition.
Scope of Patent CN104428025
Technical Field
Patent CN104428025 belongs to the pharmaceutical or biotechnological domain, likely focusing on a new chemical entity, a novel formulation, or an innovative method of drug synthesis or delivery.
Core Innovation
While the exact details require access to the full patent text, typically, such patents encompass structure modifications of known compounds, new uses of existing molecules, or enhanced drug delivery mechanisms. Given its focus, the patent might aim to address issues like improved efficacy, reduced toxicity, or extended patent life.
Patent Duration
Standard duration for Chinese patents is 20 years from the filing date, which provides exclusive rights and market control within China for the claimed innovations, barring any legal challenges or licensing arrangements.
Claims Analysis
Types of Claims
The patent comprises several claim types:
- Independent Claims: Usually broad, establishing the core invention—such as a novel compound or method.
- Dependent Claims: Narrower, specifying particular embodiments, molecular modifications, formulations, or methods that refine the broad independent claims.
Claim Scope
1. Composition or Compound Claims:
These specify the chemical structure, molecular formula, or specific substitutions that delineate the novel entity. For instance, a claim might claim "a compound of formula I," with precise structural limitations.
2. Method Claims:
Claims protecting novel synthesis procedures, administration methods, or specific use cases (e.g., treatment of a specific disease).
3. Formulation Claims:
Claims dedicated to innovative drug delivery systems, such as sustained release formulations or targeted delivery vectors.
4. Use Claims:
These may establish novel therapeutic applications, e.g., "the use of compound X in treating disease Y," extending patent protection beyond the compound itself.
Claim Breadth and Novelty
The patent likely emphasizes a specific structural modification conferring improved pharmacological profile, thereby balancing broad protection with the novelty requirement. The scope of claims is designed to prevent easy design-around by competitors, often including multiple dependent claims covering variations and embodiments.
Potential Patent Citations and Standard Practice
Given China's evolving patent examination standards, claims may be tailored to avoid infringement of prior known compounds and to carve out a new therapeutic niche, possibly citing prior patents or literature to delineate novelty.
Patent Landscape Analysis
Existing Patent Environment
Prior Art Context
China’s pharmaceutical patent space is highly active, especially with increased government backing for innovation post-2015. Prior art likely includes:
- Existing drugs with similar structures or mechanisms.
- Formulation patents related to known compounds.
- Novel synthesis techniques or targeted delivery systems.
Given the rapid growth of Chinese patent filings (over 30,000 pharmaceutical patents in recent years), CN104428025's strategic position likely involves distinguishing itself via unique structural modifications or use cases.
Competitor Patents
Competitors may hold key patents on similar compounds, formulations, or methods of manufacture. The patent landscape likely exhibits overlapping claims, necessitating careful freedom-to-operate (FTO) analysis for commercial deployment.
Patent Families and Geographic Scope
This patent probably belongs to a patent family with corresponding filings in jurisdictions such as the US, Europe, and Japan, facilitating global market extension and licensing opportunities. The patent family’s breadth impacts exclusivity and licensing negotiations.
Patent Preservation and Threats
The patent faces potential challenges:
- Invalidity challenges based on prior art citations.
- Workaround strategies such as structural modifications by competitors.
- Patent term extensions if applicable, though less common in Chinese law.
Legal Status and Maintenance
Regular maintenance fees are essential to uphold the patent’s enforceability. The legal status as of the latest renewal indicates robust protection, although enforcement depends on China’s patent litigation climate, which has been strengthening to bolster patent holders’ rights.
Strategic Implications
- Market exclusivity: Extends market control for the innovator in China.
- Litigation prospects: Potential basis for infringement suits against competitors.
- Research and development: Provides a platform for developing related derivatives and combination therapies.
- Partnerships: Patent ownership may attract licensing or royalty arrangements.
Conclusion
Patent CN104428025 encapsulates a strategic innovation within China's dynamic pharmaceutical patent landscape. Its claims likely cover a narrowly characterized compound or formulation with specific therapeutic advantages, reinforced by a comprehensive patent family strategy. For industry stakeholders, understanding its scope and positioning enhances decision-making in licensing, R&D investments, and competitive intelligence.
Key Takeaways
- Patent Scope: Likely covers a novel compound or formulation with specific structural or functional features designed for therapeutic gain.
- Claims Strategy: Combines broad independent claims with narrow dependent claims, balancing protection breadth and validity.
- Landscape Position: Situated within an increasingly active Chinese patent environment, where overlapping prior art necessitates precise claim drafting.
- Legal and Commercial Outlook: Offers a foundation for exclusive manufacturing, potential licensing, and strategic market entry in China.
- Protective Measures: Continuous patent maintenance and vigilant monitoring of peer patents are critical to sustain value.
FAQs
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What constitutes the core invention in patent CN104428025?
It likely pertains to a novel chemical entity, formulation, or delivery method claimed for improved therapeutic efficacy or safety.
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How broad are the patent claims?
The claims are expected to balance broad structural or use claims with narrower, specific embodiments to protect against design-arounds.
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Can this patent be challenged for validity?
Yes, prior art or obviousness challenges can be initiated; the patent’s validity hinges on its novelty and inventive step at filing.
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How does this patent compare to international patents?
It may be part of a global patent family, with corresponding filings ensuring broader protection and licensing opportunities.
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What strategic advantages does this patent confer to its holder?
It provides exclusive rights within China, licensing leverage, and a competitive edge in R&D and product commercialization.
References
- Chinese Patent Database, CN104428025 Patent Document.
- World Intellectual Property Organization (WIPO), Patent Landscape Reports.
- Chinese State Intellectual Property Office (SIPO), Patent Examination Guidelines.
- Industry reports on China's pharmaceutical patent activity.
- Legal analyses of Chinese pharmaceutical patent law.
This detailed analysis aims to serve industry professionals seeking comprehensive insights into Patent CN104428025's scope, claims, and landscape, thereby facilitating informed strategic decisions.
