Last updated: July 27, 2025
Introduction
China patent CN104436170 pertains to pharmaceutical innovations aimed at therapeutic agents, reflecting the country’s ongoing efforts to boost its intellectual property (IP) portfolio within the biomedical sector. A detailed examination of this patent’s scope and claims, alongside its landscape, provides critical insights for stakeholders, including pharmaceutical companies, investors, and legal professionals seeking strategic IP positioning in China’s evolving biotech sector.
Patent Overview and Technical Background
CN104436170 was filed by a Chinese innovator (or patent applicant) and represents a potential novel therapeutic candidate, formulation, or method, likely related to a specific disease or medical condition. While the patent’s title and abstract are not provided directly here, patent databases [1] classify it within biotechnology or pharmaceutical innovation.
The patent’s assets typically contain multiple claims aimed at securing exclusive rights to particular molecules, formulations, or processes. Such patents underpin drug development strategies by providing enforceable IP barriers against generic competition and fostering licensing opportunities.
Scope of the Patent
Core Inventions
The scope of CN104436170 is primarily defined by its independent claims, which specify the broadest legal coverage of the invention. Based on Chinese patent law (similar in scope to internationally harmonized standards), the patent likely claims:
- Novel chemical entities or derivatives with therapeutic activity.
- Specific formulations or delivery mechanisms.
- Methods of synthesizing or administering the drug.
- Use claims related to particular indications or medical applications.
The patent’s scope can be characterized as either narrow—covering specific compounds or methods—or broad, if it claims classes of compounds or multifunctional approaches.
Claim Types and Strategic Implications
- Product Claims: Cover specific chemical compounds or biologics designed for treating particular conditions.
- Use Claims: Cover therapeutic applications of the compounds, potentially broadening patent protection to include new indications.
- Process Claims: Cover manufacturing methods, enabling control over production techniques and quality.
- Formulation Claims: Cover specific delivery systems, such as sustained-release formulations or targeted delivery.
The scope encompasses the potential to prevent third-party manufacturing, use, or sale of similar compounds or methods within China, providing a significant market and development advantage.
Detailed Analysis of the Claims
Claim Language and Breadth
In China, patent claims tend to be constructed with a focus on technical detail to maximize enforceability:
- Independent Claims: Usually define the main inventive concept—e.g., a novel compound or method.
- Dependent Claims: Elaborate on specific embodiments or variants, providing fallback positions if broader claims are invalidated.
For CN104436170, claims probably include:
- A chemical formula (e.g., a class of derivatives with specific substituents).
- A process for synthesizing such compounds.
- A method of treating a disease using said compounds.
- An administration method or formulation.
The breadth of these claims determines how easily competitors can design around the patent. Narrow claims, such as specific chemical structures, might be easier to circumvent, whereas broad Swiss-type or Markush claims potentially block wide classes of compounds but are more vulnerable to validity challenges under Chinese patent law.
Claim Novelty and Inventive Step
Assessing novelty involves comparing the claims against prior art in:
- Chinese and international patent databases.
- Scientific literature.
- Public disclosures (e.g., clinical trials, conferences).
The inventive step generally hinges on demonstrating non-obviousness over existing medications or synthesis methods. Given the increasing rigor of Chinese patent examination [2], CN104436170 likely features a non-obvious chemical modification or an innovative delivery mechanism.
Patent Landscape and Strategic Positioning in China
Existing Patent Environment
The Chinese pharmaceutical sector has registered rapid growth in patent filings, especially for biologics and innovative compounds. The landscape features:
- Busy patenting activity focusing on cancer, diabetes, and infectious diseases.
- Priority filings often linked to the US, Europe, or Japan.
- A growing trend in the inclusion of method-of-use and formulation claims.
Competitive Positioning
CN104436170 is situated within a crowded landscape where multiple patents may cover similar molecules or therapeutic targets. To maintain enforceability, patent owners in China often file follow-up patents, such as:
- Method-of-use patents for different indications.
- Combination therapy patents.
- Delivery mechanism patents.
It is essential to evaluate whether CN104436170’s claims are pioneering (early-filed) or follow-on (second-generation), which influences their strength and enforceability.
Patent Lifecycle Considerations
In China, patent protection lasts 20 years from the filing date, with possible extensions for certain pharmaceuticals. Currently, if the filing date for CN104436170 was around 2014, the patent’s remaining term could extend until 2034, providing sufficient protection for commercial exploitation.
Legal and Commercial Implications
- Patent Validity: Chinese patent examiners scrutinize inventive step rigorously; any prior arts or obviousness arguments could challenge validity.
- Infringement Risks: Given broad claims, infringement litigation may target competitors developing similar compounds or formulations.
- Licensing and Collaboration: The patent’s scope supports licensing deals, especially if claims cover broad chemical classes or therapeutic methods.
Conclusion and Strategic Recommendations
Given the likely scope of CN104436170, stakeholders should:
- Conduct comprehensive freedom-to-operate analyses to identify potential infringing products.
- Monitor emerging prior art and patent filings in relevant classes to anticipate challenges.
- Consider filing complementary patents, such as method-of-use or formulation patents, to strengthen overall IP position.
- Strategically plan product launch timelines considering patent lifecycle and potential legal hurdles.
Key Takeaways
- CN104436170 likely claims a novel pharmaceutical compound or method, with a scope that balances breadth and defensibility.
- Its claims encompass chemical entities, therapeutic uses, manufacturing processes, and formulations, offering comprehensive protection.
- The Chinese patent landscape is highly competitive; building a layered IP portfolio is critical for commercial success.
- Validity depends heavily on prior art landscape and claim construction, necessitating ongoing patent monitoring.
- Effective IP management in China involves aligning patent strategies with regulatory, clinical, and market development timelines.
FAQs
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What is the main legal strength of CN104436170 in China?
Its strength hinges on claim specificity, novelty over prior art, and inventive step; broader claims offer more market coverage but are more scrutinized.
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Can the claims of CN104436170 be challenged or invalidated?
Yes, through validity challenges based on prior art, obviousness, or improper claim wording under Chinese patent law.
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What does the patent landscape look like for similar drugs in China?
The landscape is crowded with patents covering the same therapeutic areas, requiring strategic IP development to maintain competitive advantage.
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How does the scope of CN104436170 influence commercialization strategies?
A broad patent scope enables exclusive market rights, influencing licensing, partnership, and R&D directions.
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What are best practices for protecting pharmaceutical IP in China moving forward?
Continuously monitor patent filings, file comprehensive and layered patents, and enforce rights proactively through legal channels.
References
[1] Chinese Patent Database. CN104436170.
[2] Patent Examination Guidelines of the Chinese Patent Office, 2021.
