Last updated: August 1, 2025
Introduction
China Patent CN104606126, granted and titled "Pharmaceutical Composition and Use", pertains to a formulation and its application, likely in the field of medicinal chemistry, pharmacology, or a related therapeutic area. An understanding of its scope, claims, and the patent landscape provides critical insights for stakeholders—be it patent holders, legal professionals, or competitors—aiming to evaluate the patent’s strength, freedom-to-operate, and potential for licensing or litigation.
Patent Overview
Publication Number: CN104606126
Grant Date: Generally, Chinese patents publish approximately 18 months after filing; the grant date should be verified through official patent databases for accuracy.
Applicant/Owner: Not specified here—would typically be a pharmaceutical company, university, or research institution.
Technical Field: Likely relates to pharmaceutical compositions, possibly a novel formulation, therapeutic method, or use-related patent in the healthcare sector.
Scope of the Patent
The scope of CN104606126 can be inferred from its claims, which define its legal boundaries. Patents in pharmaceuticals often encompass:
- Composition Claims: Specific ratios or structures of active pharmaceutical ingredients (APIs) combined with carriers or excipients.
- Method-of-Use Claims: Particular therapeutic applications or indications.
- Manufacturing Process: Techniques for producing the composition or formulation.
- Synergistic or Combination Treatments: Use with other pharmaceuticals.
In this patent, the scope likely includes:
- A particular pharmaceutical composition, possibly comprising a novel active ingredient or a new combination.
- The use of the composition for treating specific diseases or conditions, potentially emphasizing efficacy, safety, or bioavailability.
- Novel methods of preparing or delivering the drug.
The claims are structured in a hierarchical manner—independent claims define broad inventive concepts, while dependent claims specify particular embodiments or features.
Claims Analysis
1. Independent Claims:
- Usually define the core invention: e.g., a pharmaceutical composition comprising certain active compounds, their relative ratios, and potentially unique excipients that enhance stability or efficacy.
- May include claims covering the use of the composition in specific medical indications, such as neurodegenerative diseases, cancers, or infections.
2. Dependent Claims:
- Narrower claims that specify particular embodiments, such as specific chemical structures, dosage forms, or administration routes (oral, injectable, topical).
- May include claims to particular manufacturing processes or stability improvements.
3. Scope Clarity:
- The breadth of claims influences patent strength. Broad claims offer extensive protection but are more susceptible to invalidation for lack of novelty or inventive step.
- Narrow claims provide specific protection but limit commercial exclusivity.
4. Key Features and Limitations:
- Details such as chemical structure, dosage range, formulation specifics, or method steps are critical determinants of scope.
- For example, if the patent claims a specific chemical compound or a class of compounds with a narrow indication, its scope is limited but robust against challenges.
Patent Landscape Considerations
1. Prior Art and Novelty:
- A thorough prior art search reveals whether the composition or method is truly inventive over existing pharmaceuticals, traditional medicines, or published applications.
- Given the extensive patent filings in China and worldwide, novelty hinges on unique features such as a new compound entity, innovative use, or superior pharmaceutics.
2. Inventive Step:
- The patent must demonstrate non-obviousness over known compositions or treatments. This often involves demonstrating significant improvements such as increased bioavailability, reduced side effects, or targeting a new indication.
3. Existing Patent Family:
- Analyzing related patents, either by the same applicant or competitors, reveals territorial strategies and potential overlapping rights.
- The patent may be part of a broader patent family targeting different jurisdictions or claiming different aspects of the formulation or process.
4. Patent Validity and Enforcement:
- Chinese patent law emphasizes novelty, inventive step, and industrial applicability. Challenges could arise from prior Chinese or international publications.
- Key considerations include the patent’s expiration date, enforceability, and potential for licensing.
Competitive and Strategic Landscape
- Major Patent Holders: Likely from domestic biotech or pharma sectors or multinational corporations filing in China.
- Patent Clusters: Similar patents originating from Chinese R&D initiatives or global patent filers focusing on the same therapeutic area.
- Freedom-to-Operate Considerations: Companies must analyze related patents to avoid infringement, especially in target jurisdictions.
- Innovation Trends: Increasing focus on combination therapies, targeted delivery systems, and improving drug stability.
Legal and Commercial Implications
- The patent’s strength and scope influence licensing opportunities or potential infringement litigations.
- A broad, well-supported patent can serve as a valuable asset in mergers, acquisitions, or collaborative deals.
- Conversely, overly narrow claims or invalidation attempts diminish commercial value.
Conclusion and Key Insights
- Scope & Claims: CN104606126 appears to protect a specific pharmaceutical composition and its use, defined by particular active ingredients and formulation features. The claims likely balance broad protection of the inventive concept with narrower dependent claims for specific embodiments.
- Patent Landscape: The patent resides within a highly active Chinese pharmaceutical patent environment, with competitors and innovators continually expanding their portfolios. Its strength depends on the novelty and inventive step evidence over prior Chinese and international art.
- Market Impact: Its enforceability influences licensing, product development, and infringement scenarios, especially considering China's expanding pharmaceutical innovations.
- Strategic Recommendations: Stakeholders should conduct comprehensive freedom-to-operate analyses, monitoring of related patent filings, and validation of patent claims against prior art to optimize commercial strategies.
Key Takeaways
- China Patent CN104606126 likely claims a unique pharmaceutical composition with specific use cases, supported by a detailed set of dependent claims narrowing its scope.
- The patent’s strength hinges on the novelty of its active ingredients, formulation, and therapeutic application, which must be distinguished from existing Chinese and international prior art.
- As part of China’s growing pharmaceutical IP landscape, the patent could be a significant asset for licensing or enforcement, provided it withstands validity challenges.
- Understanding its claims’ scope alongside competitors' patent filings enables strategic positioning in China’s pharmaceutical market.
- Ongoing patent monitoring and legal analysis are imperative due to China's dynamic patent environment and the rapid pace of innovation in drug development.
Selected References
- Chinese Patent Database: Official CN patent publication records and legal status.
- WIPO PATENTSCOPE: For international patent family insights.
- Patent Litigation Records: Chinese courts and administrative bodies.
- Pharmaceutical Patent Literature: To contextualize innovation and prior art.
FAQs
Q1: How can I determine if CN104606126 patent is still enforceable?
A: Verify its legal status through the China National Intellectual Property Administration (CNIPA) database to check for maintenance fees, litigation history, or invalidation proceedings.
Q2: What factors influence the breadth of the patent claims?
A: The language of the claims, the scope of described embodiments, and the extent of prior art used to justify inventive step.
Q3: Can a similar composition be developed once this patent is granted?
A: Developers must conduct freedom-to-operate analyses, ensuring no infringement of the patent claims, especially if the claims are broad.
Q4: How does the patent landscape in China compare globally?
A: China’s patent system emphasizes detailed claims and offers substantial protection, but uniqueness is subject to patent validity criteria distinct from jurisdictions like the US or Europe.
Q5: What strategies should patent holders adopt to defend their patent rights?
A: Continuous monitoring, prompt enforcement actions against infringers, and maintaining patent validity through timely fee payments and updating claims where necessary.
Sources:
- China National Intellectual Property Administration (CNIPA). Patent Search & Analysis.
- WIPO PATENTSCOPE. Patent Family and Litigation Data.
- Official Chinese legal and patent databases for patent validity and status information.
