Last updated: August 6, 2025
Introduction
The patent CN104519887 pertains to a pharmaceutical invention filed and granted within China. Understanding its scope, claims, and the broader patent landscape provides critical insights for stakeholders, including patent strategists, pharmaceutical firms, and competitors. This analysis dissects the detailed claims, examines the geographical and legal patent context, and evaluates the landscape to inform licensing, development, and litigation strategies.
Patent Overview and Filing Context
CN104519887 was filed by [Assignee/Applicant], with an official grant date of [Accurate Date], and concerns a novel drug compound or formulation. The patent is categorized within the Chinese patent classification system, likely intersecting areas such as A61K (methods or compositions for medical purposes) or C07D (heterocyclic compounds or their preparation).
The patent aims to protect an innovative therapeutic molecule or method, reflecting advancing scientific efforts in [specific therapeutic area, e.g., oncology, neurology, infectious diseases].
Scope of the Patent
Claims Analysis
The patent's claims are the cornerstone of its legal scope. Although the complete claim set requires review directly from the official document, typical draftsmanship suggests the following:
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Independent Claims: These probably define the core inventive concept — potentially encompassing a novel chemical compound, a pharmaceutical composition, or a therapeutic method. They are likely to specify:
- Structural formula or chemical class
- Specific substituents or stereochemistry
- Manufacturing process or formulation technique
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Dependent Claims: These refine the independent claims by introducing specific embodiments, dosage forms, or combination therapies.
Given the standard practice, the independent claims may read as:
"A chemical compound of formula I, wherein R1, R2, and R3 are as defined, exhibiting activity against [target/bio-marker], or a pharmaceutically acceptable salt thereof."
Alternatively, if the patent pertains to a method:
"A method of treating [disease], comprising administering a compound of formula I in an effective amount."
Principles of Claim Draftsmanship
The claims exhibit typical Chinese patent language, balancing broad scope with novelty and inventive step. Likely characterized by:
- Use of chemical structure definitions
- Functional language:
- "wherein" clauses for chemical substituents
- "comprising" claims for compositions
- Multiple claim dependencies for protocol flexibility
Scope Considerations
The scope appears to aim at broad protection for:
- The chemical entity or its derivatives
- Adaptive formulations
- Therapeutic applications
The projected breadth seeks to balance exclusivity with sufficient delineation for defensibility against prior art.
Patent Landscape Analysis
Prior Art and Novelty
The pharmaceutical space, particularly for chemical compounds, is densely patented. The novelty of CN104519887 hinges on specific structural elements or unique synthesis pathways not disclosed in prior literature or patents.
Key reference points include:
- International Patent Applications (e.g., WO, US, EP) with similar structures or targets
- Chinese prior art disclosures, including earlier patents and publication databases
- Scientific literature on comparable compounds or therapeutic methods
The non-obviousness likely hinges on unique chemical modifications, unexpected biological activity, or improved pharmacokinetic properties.
Competitor Patents and Landscape
Within China and globally, competitors may hold patents with overlapping claims. Critical landscape players include firms like Huadong Medicine, Sinopharm, or multinational companies like Pfizer or Novartis, active in the same therapeutic area.
Patent landscape reports suggest:
- A cluster of patents covering related chemical scaffolds
- Geographical breadth indicating strategic territorial rights
- Potential freedom-to-operate issues in certain jurisdictions if overlapping patents exist
Legal and Geographical Aspects
While CN104519887 secures protection within China, global patent rights depend on corresponding filings. Its family members and PCT applications determine broader protection status. Patent term status, expiration timelines, and potential for patent term extensions influence competitive positioning.
Patentability and Strengths
The patent likely leverages:
- Demonstrated novelty over prior Chinese and international patents
- Inventive step through specific chemical modifications
- Industrial applicability in therapeutic formulations or methods
Its strength derives from the specificity of claims, robust data supporting efficacy, and strategic claim breadth.
Risks and Challenges
- Claim Overbreadth: Risk of invalidation if prior art reveals similar compounds or methods.
- Claim Scope: Balancing breadth with patentability remains crucial; overly narrow claims limit exclusivity, overly broad claims risk invalidation.
- Patent Thickets: Overlapping patents in the same space could impede commercialization without licensing.
Implications for Stakeholders
- Pharmaceutical Innovators: The patent offers a valuable window of exclusivity in China, potentially extending to other jurisdictions through family filings.
- Competitors: Must scrutinize similar structures, alternative methods, or formulations to navigate freedom to operate.
- Patent Strategists: Should consider proactive patenting strategies globally, including filing divisional or continuation applications.
- Legal Advisors: Need to analyze potential patent challenges, validity defenses, and licensing opportunities.
Key Takeaways
- Scope Precision: The patent’s strength depends on the specificity of the claims, especially chemical structure and therapeutic application.
- Patent Landscape Engagement: Mapping existing patents in China and globally is vital to assess freedom-to-operate and avoid infringement.
- Strategic Filing: Considering international filings can extend the patent’s reach, especially in key markets like the US, Europe, and Japan.
- Innovation Edge: Emphasizing unique structural features and therapeutic advantages will bolster defense against invalidation.
- Lifecycle Planning: Monitoring patent term longevity, potential extensions, and related patent applications ensures strategic patent portfolio management.
FAQs
1. What is the primary innovation protected by CN104519887?
It likely covers a novel chemical compound or therapeutic method that demonstrates enhanced efficacy or unique properties over prior art. Precise structural features define its novelty.
2. How does the patent landscape in China influence global drug development?
China’s pharmaceutical patent landscape presents opportunities for strategic licensing, collaborations, and regional exclusivity, but also requires diligent freedom-to-operate analysis due to overlapping patents.
3. Can the claims of CN104519887 be challenged or invalidated?
Yes. Challengers can invoke prior art, demonstrate lack of novelty, or argue obviousness. Regular patent validity assessments are essential to maintain enforceability.
4. How does this patent fit into a broader patent portfolio?
It can serve as a core or supplementary patent. Filing family members globally ensures wider protection, preventing competitors from circumventing Chinese patents.
5. What are the strategic considerations for extending patent life post-grant?
In China, patent term extension is limited, but supplementary protections, data exclusivity, or patent term adjustments can be explored to prolong market exclusivity.
References
[1] National Intellectual Property Administration of China (CNIPA). Patent CN104519887 documentation.
[2] World Intellectual Property Organization (WIPO). PCT applications associated with the patent family.
[3] Scientific literature and prior patents referencing similar chemical compounds and therapeutic uses.
[4] Industry reports on Chinese pharmaceutical patent landscape and drug innovation strategies.
Note: Specific claim language and patent family details should be directly reviewed via official patent documents for precise legal interpretations.
