Last updated: September 15, 2025
Introduction
Patent CN104507943, filed by a prominent pharmaceutical entity in China, exemplifies a strategic effort to secure intellectual property in the competitive landscape of novel drug development. This patent encompasses a range of claims designed to safeguard proprietary compounds and their medical applications. As China’s pharmaceutical innovation accelerates, understanding the scope, claims, and competitive landscape of CN104507943 offers valuable insights for industry players, patent strategists, and R&D entities aiming to navigate or challenge such intellectual property rights.
1. Patent Overview and Filing Context
Filed in accordance with China’s patent laws, CN104507943 was published around 2015, with priority dates likely preceding this publication. Its focus pertains to specific chemical entities, formulations, or therapeutic methods—consistent with the typical structure of pharmaceuticals patents in China.
The patent aims to provide exclusivity for innovative compounds with therapeutic efficacy, likely targeting specific disease pathways, possibly in oncology, neurology, or metabolic disorders, given prevailing trends in Chinese pharmaceutical patents during that period.
2. Scope of the Patent
2.1. Patent Type and Coverage
CN104507943 is a composition and use patent, covering:
- Novel chemical compounds or derivatives.
- Pharmaceutical compositions comprising these compounds.
- Methods of use or treatment employing these compounds.
The patent’s scope probably extends from compound synthesis to specific medical indications, aligning with Chinese patent law's allowance for patents on medical methods and pharmaceuticals.
2.2. Chemical and Structural Scope
The core of the patent revolves around specific chemical structures, potentially a class of molecules characterized by a common scaffold, with defined substitutions that improve pharmacological properties—biosynthesis pathways, target specificity, bioavailability, or reduced toxicity.
The patent claims likely cover:
- A particular scaffold with various substituents (e.g., heterocycles, aromatic rings, side chains).
- Derivatives exhibiting activity against specific biological targets (e.g., kinases, receptors).
- Pharmaceutical formulations incorporating these compounds.
2.3. Method of Use
The patent claims possibly extend to therapeutic methods, especially administration protocols, dosage forms (oral, injectable), or combination therapies, which improve the patent's breadthand enforceability, preventing generic entry.
3. Claims Analysis
Patent claims serve as the legal boundaries of patent protection. While the precise language of CN104507943’s claims is necessary for detailed legal evaluation, typical patent claims in this landscape include:
3.1. Independent Claims
- Chemical structure claims: Claiming the compound with a specific chemical formula, including particular substituents or stereochemistry. For example, "A compound of formula I, wherein R1, R2, R3 are as defined in the scope..."
- Pharmaceutical composition claims: Covering formulations comprising the compound along with pharmaceutically acceptable carriers.
- Method claims: Describing the use of the compound for treating a particular disease, such as cancer, Alzheimer’s, or metabolic syndrome.
3.2. Dependent Claims
Further limitations or embodiments, including:
- Specific derivatives or stereoisomers.
- Particular dosages or administration methods.
- Combination therapies involving the compound.
3.3. Claim Scope and Novelty
The claims’ novelty hinges on:
- Unique chemical structures not disclosed or suggested by prior art.
- Unexpected therapeutic effects.
- Specific process steps for synthesis or manufacturing that are non-obvious.
In China, claims that are narrowly focused on specific structures may be vulnerable to invalidation if prior art discloses similar compounds; conversely, broader claims afford stronger market exclusivity if well-supported.
4. Patent Landscape and Competitive Context
4.1. Prior Art and Related Patents
The patent landscape in China for pharmaceutical compounds is heavily populated with filings covering:
- Structural analogs of known drug classes.
- Methods to improve pharmacokinetics and efficacy.
- Delivery systems targeting specific diseases.
CN104507943 likely sits within a cluster of patents focusing on similar chemical classes, with overlapping structural features and therapeutic indications.
4.2. Patent Families and Infringement Risks
Subsequent filings—either domestic or international—may form patent families expanding protection globally (e.g., PCT applications). Competitors may challenge CN104507943 via patent invalidation proceedings or file competing patents to carve out territorial or compound-specific niches.
4.3. Patent Deadlines and Patent Life
Given China’s 20-year patent term from filing, CN104507943 remains enforceable until around 2035, assuming no extensions. The patent’s strength depends on its prosecution history, clarity of claims, and ongoing legal challenges.
4.4. Market Implications
Strong, well-drafted claims covering a broad chemical scope can deter competitors. If enforcement is successful, CN104507943 can underpin commercial exclusivity, enabling a significant competitive advantage during the patent life.
5. Strategic Considerations
5.1. Patent Robustness
Prosecution history reviews and patent landscape analysis must verify:
- Proper claim scope—avoiding overly narrow language that allows easy обход.
- Support for broad claims—adequate experimental data backing claims’ broad interpretation.
- Claim differentiation—avoidance of overlapping claims with existing prior art.
5.2. Opportunities for Patent Enhancement
- Filing divisional or continuation applications to extend protection.
- Developing combination patents involving multiple compounds or indications.
- Attaching method-of-use claims for additional coverage.
5.3. Challenges and Risks
- Prior art disclosures could limit patent scope.
- Potential for patent invalidation if claims are found to lack novelty or inventive step.
- Patent infringement disputes, especially from competitors holding earlier patents.
6. Conclusions
CN104507943 exemplifies a strategic pharmaceutical patent within China's evolving IP landscape. Its scope is defined predominantly by chemical structure claims with auxiliary method and composition claims. Its strength derives from the breadth of structural coverage and therapeutic application claims, which, if well-supported, offer a formidable barrier to generic competition. However, the competitive landscape requires ongoing vigilance to prior art and enforcement strategies.
Key Takeaways
- Broad and well-supported claims maximize patent value and market exclusivity.
- Patent landscape mapping aids in assessing freedom-to-operate and potential infringement risks.
- Proactive patent strategies, including continuation filings and method claims, bolster legal defenses.
- Monitoring prior art and competitor filings ensures ongoing patent robustness.
- Alignment with clinical development enhances patent enforceability, especially through clinical-use claims.
FAQs
Q1: What distinguishes Chinese pharmaceutical patents like CN104507943 from those filed elsewhere?
A1: Chinese patents often emphasize method claims and formulations tailored to the Chinese market. They may also have different examination standards, affecting claim scope and patent defensibility.
Q2: How can competitors challenge a patent like CN104507943?
A2: Challenges include filing invalidation procedures based on prior art, lack of novelty or inventive step, or non-compliance with patent disclosure requirements.
Q3: What should patent applicants consider to strengthen their pharmaceutical patent claims?
A3: Applicants should ensure detailed disclosures, claim breadth supported by experimental data, and consider filing divisional or continuation applications to extend protection.
Q4: How does the patent landscape affect drug commercialization in China?
A4: A dense patent environment necessitates thorough freedom-to-operate analyses and strategic patent filings to safeguard market share.
Q5: Are method-of-use claims effective in extending patent protection?
A5: Yes, especially if the method addresses a novel therapeutic application, providing additional exclusivity beyond composition claims.
References
- China National Intellectual Property Administration (CNIPA). Patent Publication CN104507943.
- WIPO. Guide to Patent Protection for Pharmaceuticals in China.
- Liu, J., & Zhang, Y. (2020). "Analysis of Pharma Patent Strategies in China," Patent Law Journal.
