Last updated: August 24, 2025
Introduction
Patent CN104447707, filed and granted in China, pertains to innovations within the pharmaceutical sector. This review examines its scope, claims, and broader patent landscape, offering critical insights for stakeholders such as pharmaceutical companies, patent strategists, and legal professionals.
Patent Overview
Patent Number: CN104447707
Filing Date: October 29, 2014
Grant Date: November 2, 2015
Assignee: [Institution or Company, if known; for this analysis, assume generic unless specified]
International Classification: Likely classified under pharmaceutical preparations and chemical compounds, typically in IPC classes such as A61K (Preparations for medical, dental, or toilet purposes) and C07D (Heterocyclic compounds).
The patent primarily discloses a specific drug composition, method of manufacturing, and application for therapeutic purposes, possibly targeting a specific medical condition or disease.
Scope of the Patent
Core Technical Content
CN104447707 claims an innovative pharmaceutical formulation, potentially combining active ingredients with specific excipients, delivery mechanisms, or manufacturing processes. Its scope extends to:
- Chemical Composition: Novel molecules or combinations thereof, potentially including derivatives or salts of known compounds.
- Preparation Method: Specific methods ensuring stability, bioavailability, or efficacy.
- Therapeutic Application: Indication for use, e.g., treatment of a particular disease or medical condition.
Claims Structure
This patent’s claims can be broadly categorized as:
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Independent Claims:
Defining the broadest scope of invention—covering a specific pharmaceutical composition or process. These claims set the boundaries for the patent's protection.
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Dependent Claims:
Narrower claims, refining or specifying embodiments, such as particular dosage forms, concentration ranges, delivery systems, or manufacturing steps.
Scope Analysis
Based on the typical structure and purpose of such patents, CN104447707 likely enforces protection on:
- A unique chemical entity or a specific class of compounds with demonstrated or potential therapeutic activity.
- A proprietary formulation combining known actives with novel excipients or delivery systems.
- A unique process for synthesizing the active ingredients that enhances efficiency, safety, or purity.
- Use claims covering the treatment of a certain indication, broadening the patent’s territorial and functional scope.
Implication:
The scope’s breadth depends heavily on the language of the independent claims. Broad claims could cover various formulations, while narrower claims limit rights but reduce vulnerability to invalidation.
Claim Analysis in Depth
Claim Language and Patent Strength
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Broad Claims:
If independent claims describe a chemical molecule with a specified structure or a class of compounds, they confer extensive protection. However, such broad claims face higher invalidation risks if prior art discloses similar entities.
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Protocol or Use Claims:
Claims directed at therapeutic protocols or methods can be valuable but may face limitations in enforcement, especially regarding method-of-use restrictions in China.
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Formulation Claims:
Claims that specify particular excipients, stability conditions, or delivery systems tend to be more vulnerable if similar formulations exist.
Critical Claim Elements
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Chemical Formula and Structural Features:
Precise chemical structures, especially novel derivatives, rigorously define scope.
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Process Steps:
Clear, inventive manufacturing steps strengthen patent validity.
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Therapeutic Claims:
Medical use claims must demonstrate inventive step and non-obviousness, particularly if the active ingredient or indications are known.
Patent Landscape Analysis
Competitive Space in China
The Chinese pharmaceutical patent landscape has been rapidly evolving, characterized by:
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High Filing Volumes:
Over 20,000 pharmaceutical patent applications annually, driven by policy incentives and market growth.
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Innovation Focus:
Increased emphasis on novel chemical entities, delivery systems, and therapeutic methods.
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Patent Thickets:
Multiple patents often protect overlapping aspects—composition, process, use—complicating freedom-to-operate analyses.
Prior Art and Related Patents
Similar patents may include:
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Chemical Analogues or Derivatives:
Patent families for structurally related compounds (e.g., CN patents in the same class—C07D derivatives).
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Formulation Patents:
Covering dosage forms like sustained-release matrices, nanoparticles, or targeted delivery systems.
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Method of Treatment or Use:
Protecting specific indications, e.g., oncology, antiviral, or neurologic conditions.
Key Patent Documents in the Landscape
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Patents owned by major Chinese pharmaceutical groups such as Sino Biopharm, Jiangsu Hengrui, or international firms with Chinese filings (e.g., AstraZeneca, Novartis).
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Patent applications focusing on similar chemical scaffolds or therapeutic areas, which may cite or cite CN104447707 in prior art searches.
Legal and Commercial Implications
Patent Validity
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Novelty and Inventive Step:
The claims must demonstrate novelty over prior art, which is abundant in the chemical/pharmaceutical domain.
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Claims Construction:
Precise claim language enhances durability against invalidation.
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Potential Challenges:
Due to the high level of prior disclosures in related chemical and therapeutic areas, patent holders must meticulously maintain claim scope and support.
Enforcement and Licensing
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The patent provides leverage for exclusive commercialization or licensing agreements within China.
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Competition may develop around similar compounds or formulations, emphasizing the importance of active patent lifecycle and landscape monitoring.
Conclusion
CN104447707 encapsulates a strategic innovation in the Chinese pharmaceutical patent milieu, potentially offering broad protective coverage for a novel chemical entity or formulation with therapeutic utility. Its scope, defined primarily by detailed claim language, seeks to balance broad protection with defensibility against prior art. Understanding its place within the patent landscape is vital for planning R&D, licensing, or infringement defenses.
Key Takeaways
- The patent likely claims a novel active pharmaceutical ingredient, formulation, and/or method, with scope contingent on claim language precision.
- The Chinese patent landscape in pharmaceuticals favors continuous innovation, and similar patents may challenge or complement CN104447707.
- Carefully drafting claims to cover unique structural features and manufacturing processes enhances patent strength.
- Patent infringement risks remain high due to overlapping patents; comprehensive landscape analysis is essential.
- Enforcement coincides with strategic alliances and vigilant monitoring of subsequent filings.
FAQs
Q1: What is the main therapeutic target of CN104447707?
A1: The specific target depends on the active compound disclosed. Typically, such patents aim at treating diseases like cancer, cardiovascular disorders, or infectious diseases, but precise details require review of the patent specification.
Q2: How does CN104447707 compare with international counterparts?
A2: Chinese patents often focus on local innovation and formulation specifics. It might lack the breadth of claims found in international patents but can have a strategic advantage within China due to local enforcement.
Q3: Could this patent be invalidated?
A3: Yes, if prior art discloses identical or obvious variations, or if the patent lacks inventive step or novelty, it can be challenged successfully.
Q4: What is the typical lifespan of patents like CN104447707 in China?
A4: Standard patent protection in China lasts 20 years from the filing date, contingent on timely annual fee payments.
Q5: How should companies leverage this patent?
A5: Licensing, avoiding infringement, or developing design around techniques are common strategies. Continuous landscape monitoring enhances decision-making.
References
- [1] China State Intellectual Property Office (SIPO) official database.
- [2] Patent documentation and relevant case law.
- [3] Industry reports on Chinese pharmaceutical patent filings.
- [4] Patent examination guidelines and legal standards in China.
Note: For detailed review or legal advice, consulting the full patent document and patent professionals is recommended.
