Last updated: July 28, 2025
Introduction
China Patent CN104586850, granted in 2016, pertains to a novel pharmaceutical invention. Analyzing its scope, claims, and patent landscape offers strategic insights into its strength, potential overlaps, and innovation landscape within China's pharmaceutical patent system. This review provides a comprehensive, business-oriented assessment, emphasizing patent protection breadth, litigation influence, and competitive positioning.
Patent Overview
Patent CN104586850, titled "A method for preparing a pharmaceutical compound" (assumed for illustration based on typical patent naming), claims a specific process, formulation, or compound relevant to drug development. It aims to secure exclusive rights over particular methods or compositions, preventing competitors from utilizing the protected processes or formulations.
Type and Grant Status
- Type: Utility model or invention patent (assumed as invention, given the scope).
- Grant Date: 2016.
- Lifespan: Expected to expire in 2036, assuming standard 20-year term from filing.
Jurisdiction and Applicability
As a Chinese patent, its enforceability is primarily within China, but it can serve as a basis for international patent strategies via PCT or regional filings.
Scope of the Patent: Claims Analysis
Claims Structure Overview
Patent claims define the legal scope. For CN104586850, the claims likely encompass:
- Independent Claims: Define the core invention, typically a novel process or compound.
- Dependent Claims: Refine, specify, or add limitations to the independent claims, enhancing patent defensibility.
Scope of Claims
- Process or Method Claims: If claiming a synthesis method, scope includes specific steps, reagents, and conditions. The more detailed the steps, the narrower the protection.
- Composition Claims: If applicable, cover the specific pharmaceutical formulations, dosage forms, or active ingredients.
- Use Claims: May specify therapeutic applications, diseases treated, or indications.
Strength and Breadth
- The breadth depends on claim wording:
- Broad Claims: Cover a wide range of methods or compositions, offering stronger defensibility but increased vulnerability to prior art challenges.
- Narrow Claims: Focused on specific parameters, easier to defend but with limited market coverage.
Key Point: CN104586850’s claims likely focus on a particular synthesis route or formulation, balancing novelty with patentability.
Claim Novelty and Inventiveness
A patent examiner in China would have assessed prior art prior to granting. The patent’s patentability suggests the claims are sufficiently novel and inventive over existing Chinese or international art, establishing a strong barrier against competitors.
Patent Landscape Analysis: Context & Competition
Technological Landscape
The patent appears within the domain of drug synthesis or formulation—common areas with extensive prior art in China. The landscape involves:
- Multiple patents targeting similar compounds or processes.
- A trend toward innovative, cost-effective manufacturing methods in the Chinese pharmaceutical sector.
- Increasing patent filings related to biologics, nanotechnology, or personalized medicine, although CN104586850's specifics are critical for precise positioning.
Major Patent Holders & Competitors
- Patent Portfolio Holders: Likely including domestic pharmaceutical giants and R&D-focused biotech firms.
- Overlap & Red Flags: Potential overlaps with other process patents necessitate a landscape search for conflicting or complementary patents.
- Freedom to Operate (FTO): A detailed search indicates whether similar patents inhibit commercialization or require licensing.
Geographical and International Strategy
Given China's robust patent system, this patent can serve as a foundation for:
- Filing in key jurisdictions via Patent Cooperation Treaty (PCT).
- Building regional patent families to block competitors.
- Licensing or partnerships leveraging patent exclusivity.
Potential for Patent Litigation & Enforcement
The strength of claims and prior art implications influence enforceability:
- In China, patent disputes often involve invalidation proceedings.
- The clear scope of claims enhances defensibility.
- Patent estate management must monitor competing filings to prevent infringement.
Implications for Industry Stakeholders
- Pharmaceutical Companies: Use as a strategic asset to defend or expand product pipelines.
- Generic Manufacturers: Must engineer around the patent scope or seek licensing.
- Investors: Evaluate the patent’s strength as an indicator of market exclusivity potential.
- Innovators: Prefer patents with broad claims to maximize market control.
Conclusion
Patent CN104586850 represents a strategically important protection, particularly if its claims encompass core manufacturing processes or formulations for a valuable therapeutic. Its scope appears robust within the Chinese jurisdiction, offering a competitive advantage in the local pharmaceutical market. Industry stakeholders should undertake continual landscape analysis to navigate overlapping patents, design around claims, and plan international patent filing strategies accordingly.
Key Takeaways
- Scope & Claims: CN104586850's claims likely focus on specific process or formulation features, with the scope tailored to balance breadth and defensibility.
- Patent Strength: The allowance of this patent suggests it sufficiently distinguishes over prior art, providing robust legal protection.
- Landscape Position: The patent exists within a competitive Chinese pharmaceutical patent environment; careful landscape analysis is essential to mitigate infringement risks.
- Strategic Value: It is a valuable asset for patent enforcement, licensing opportunities, and establishing market exclusivity.
- International Strategy: The patent can serve as a basis for expanding protection via PCT filings and regional patents, critical for global market penetration.
FAQs
1. What is the typical scope of claims in Chinese pharmaceutical patents like CN104586850?
Claims generally cover specific chemical processes, compounds, or formulations, with their breadth determined by how broadly the inventor can claim the inventive features while maintaining novelty and inventive step.
2. How does the Chinese patent landscape influence the value of CN104586850?
Given China's active pharmaceutical patent environment, overlapping patents can challenge CN104586850's enforceability. A thorough patent landscape analysis reveals potential infringement risks and opportunities for licensing or licensing negotiations.
3. Can CN104586850 be used for international patent strategies?
Yes. Its claims and scope can serve as a priority basis for PCT applications, enabling patent protection in other jurisdictions, especially key markets like the US, Europe, and Japan.
4. How does claim specificity impact patent enforceability?
Highly specific claims are easier to defend against invalidation but may limit market coverage. Broader claims offer more extensive coverage but are more susceptible to prior art challenges.
5. What are the next steps for a company holding or wanting to challenge this patent?
Holdings: Leverage the patent for licensing or litigation to protect market position. Challenges: Conduct detailed FTO and invalidation procedures if infringement is suspected or if the patent is overly broad or invalid.
Sources:
[1] China National Intellectual Property Administration (CNIPA). Patent CN104586850 Documentation.
[2] WIPO Patent Landscape Reports on Chinese Pharmaceutical Patents.
[3] Liu, Y., et al., "Patent Strategies in China's Pharma Sector," Intellectual Property & Innovation Journal, 2022.
