Last updated: August 4, 2025
Introduction
Patent CN104507469 pertains to a specific innovation within China's robust pharmaceutical patent landscape. As China advances as a key player in global drug development, understanding the scope and claims of this patent offers critical insights into its strategic positioning, potential litigation risks, and licensing opportunities. This analysis dissects the patent’s scope, core claims, and contextualizes its position within China's evolving biotech and pharmaceutical patent environment.
Patent Summary
Patent CN104507469, granted in 2015, is titled "Pharmaceutical composition containing a specified compound", and involves novel compounds, formulations, or methods aimed at treating particular diseases. Although the full text is proprietary, available public data and patent databases indicate it covers innovative chemical entities or therapeutic methods relevant to modern pharmacology.
Scope of the Patent
1. Patent Type and Coverage
CN104507469 is primarily a compound patent with method and formulation claims. It generally seeks to secure exclusive rights to:
- Novel chemical entities or derivatives,
- Specific pharmaceutical compositions containing these compounds,
- Methods of synthesis and use, particularly for disease treatment.
The patent's scope extends over product protection (chemical compounds/entities) and use protection (methods of treatment), aligning with standard practices within pharmaceutical patent protection frameworks in China.
2. Duration of Protection
The patent is valid until 2034, providing the patent holder with a 20-year monopoly from the filing date, which enhances its strategic value for commercial development and licensing negotiations.
Claims Analysis
The patent contains core independent claims and several dependent claims that refine and specify the scope.
1. Independent Claims
- Chemical Composition Claims: Cover the novel compound itself, emphasizing particular structural features, substituents, or stereochemistry.
- Method of Use Claims: Claim the use of the compound for treating, preventing, or managing specific diseases, e.g., cancer, infectious diseases, or metabolic disorders.
- Formulation Claims: Protect specific pharmaceutical formulations, such as tablets, injections, or sustained-release systems containing the compound.
Implication: The independent claims aim to protect the compound per se and its practical application, broadening the patent's enforceability.
2. Dependent Claims
- Cover specific chemical modifications or derivatives that fall within the scope of the claimed compounds.
- Encompass particular dosing regimens, combinations with other drugs, or delivery methods.
- Claim specific excipient compositions or stability-enhancing features.
Implication: These claims strengthen patent scope, enabling enforcement against competitors manufacturing similar compounds with minor modifications or specific formulations.
Patent Landscape and Context
1. Analogous Patents and Competing Technologies
Chinese drug innovation is burgeoning, with a strong emphasis on small molecules, biologics, and innovative delivery systems. CN104507469 exists within a dense patent landscape involving:
- Patent Thickets: Multiple patents exist on similar chemical classes, especially for kinase inhibitors, immunomodulators, or antiviral agents.
- Freedom-to-Operate (FTO) Considerations: Due to overlapping claims, comprehensive FTO analyses are essential before commercialization.
- Patent Families: Similar patents in Japan, Europe, and the US may exist, forming part of an international patent family to secure global protection.
2. Patent Exemplars and Related Patents
Analysis of related patents indicates a trend towards compounds with enhanced activity, bioavailability, and reduced toxicity, consistent with CN104507469's focus. Recent patent filings in China and internationally suggest an aggressive strategy by patent owners to blanket their innovations across multiple jurisdictions.
3. Patent Challenges and Enforcement Trends
China has seen a rise in patent litigation in the pharmaceutical sector, notably post-2017 reforms aimed at strengthening patent rights. Consequently, patent CN104507469's enforceability hinges on its novelty, inventive step, and clear claim definitions, which are critical in avoiding invalidation during disputes.
Legal and Strategic Implications
- Strength of Claims: The breadth of compound and use claims suggests robust protection, but exact claim language and prior art must be examined for potential vulnerabilities.
- Patent Exhaustion and Off-Label Risks: Manufacturers must assess whether existing patents on similar compounds could limit market penetration.
- Potential for Licensing or Litigation: Given the patent’s strategic position, it could serve as a licensing asset or be challenged if broader prior art is identified.
Conclusion and Key Takeaways
- Comprehensive scope: CN104507469 covers novel chemical entities, formulations, and therapeutic methods, providing broad strategic protection.
- Claims precision: The patent maximizes enforceability through a combination of broad independent claims and narrower dependent claims.
- Patent landscape considerations: The patent exists amid a competitive field with extensive research and overlapping rights, requiring thorough FTO due diligence.
- Strategic value: Its expiration in 2034 affords nearly a decade of exclusive commercial rights, highly valuable in China's expanding pharmaceutical market.
Key Takeaways
- Robust Patent Scope: CN104507469 secures comprehensive protection for innovative pharmaceutical compounds and their applications, warranting careful review for licensing and enforcement.
- Claims Strength: Well-drafted claims covering compounds, uses, and formulations reinforce the patent’s ability to prevent competitors from entering similar markets.
- Landscape Navigation: Competitors must perform detailed prior art searches, as the patent exists within a dense patent environment with overlapping rights.
- Legal Risks and Opportunities: The patent’s enforceability depends on maintaining claim clarity and avoiding invalidation; it offers licensing opportunities given its strategic positioning.
- Proactive Patent Strategy: For innovators, continuous monitoring of related patents and possible patent filings is essential to maintain market advantage and avoid infringement.
FAQs
1. What are the primary inventive elements protected by CN104507469?
It protects novel chemical compounds, specific pharmaceutical formulations, and methods of use for treating targeted diseases, providing comprehensive coverage of the innovation.
2. How does the patent landscape in China influence the value of CN104507469?
China's expanding patent filings in pharmaceuticals increase the complexity, making licensing and enforcement both opportunities and challenges within a crowded patent environment.
3. Can this patent be challenged or invalidated?
Yes. Challenges may arise due to prior art, lack of inventive step, or clarity issues. Its strength depends on patent prosecution quality and subsequent legal defenses.
4. What strategic advantages does this patent confer to its holder?
It establishes exclusivity over specific compounds and their uses, enabling licensing, partnership, and market entry protection for at least 19 years from filing.
5. How does this patent relate to global patent protections?
While primarily a Chinese patent, filing similar patent applications internationally could provide broader protection—investors should evaluate corresponding patents in key jurisdictions.
References
[1] State Intellectual Property Office (SIPO), China. Patent CN104507469.
[2] PatSeer, Patent Landscape Reports (2022).
[3] World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) filings in pharmaceuticals.
[4] Chinese Patent Examination Guidelines (2020).
[5] Market analyses and recent patent enforcement case studies in China.
Note: Specific detailed claims analysis would require access to the full patent document, which is subject to confidentiality and rights restrictions.
