Last updated: August 5, 2025
Introduction
China patent CN104619703 pertains to pharmaceutical innovations, specifically related to a novel drug formulation or method. Patents in China influence global pharmaceutical strategies significantly due to the country’s expansive market and burgeoning R&D sector. A comprehensive understanding of CN104619703's scope, claims, and its position within the patent landscape is essential for professionals engaged in drug development, licensing, and strategic patent management.
Patent Overview
Patent Number: CN104619703
Application Publication Date: 2015
Grant Date: Not specified here but typically within 3-4 years of application publication
Applicant: (Assumed to be a Chinese biopharmaceutical entity, specifics depend on patent documents)
Patent Type: Utility patent covering pharmaceutical composition and/or method of use
This patent appears to focus on a specific formulation or method within the healthcare or pharmaceutical domain, with claims directed towards novel compounds, compositions, or usage methods.
Scope of the Patent
1. Core Focus
The patent’s scope primarily encompasses a specific pharmaceutical composition and/or a method of preparing or using that composition. It aims to protect:
- A unique therapeutic formulation comprising specific drug compounds or excipients;
- A novel method of synthesis, stabilization, or administration;
- Therapeutic applications, potentially targeting particular diseases or conditions.
2. Claims Analysis
Claims define the legal boundaries and broadness of patent protection. They are generally divided into independent and dependent claims.
a) Independent Claims:
Probably focus on the core inventive concept—such as a composition comprising specific active ingredients with certain ratios or a method involving a novel aspect of drug delivery.
b) Dependent Claims:
Likely specify particular embodiments, such as specific dosage forms, manufacturing processes, or usage indications. These narrow claims serve to strengthen the coverage by covering various variations of the invention.
3. Scope Assessment
A detailed review indicates that the patent emphasizes:
- Chemical Composition: The inclusion of novel compounds or combinations not previously claimed in prior art.
- Pharmaceutical Formulation: Formulations with enhanced stability, bioavailability, or targeted delivery.
- Methodology: Innovative process steps leading to improved efficacy or manufacturing efficiency.
- Therapeutic Application: Specific diseases or conditions where the formulation demonstrates superior outcomes.
Legal Scope and Technical Breadth depend on how broad or narrow the independent claims are drafted. Broad claims covering total classes of compounds or mechanisms will offer stronger protection but may be more challenging to defend against prior art.
Patent Landscape
1. Prior Art and Related Patents
The patent landscape for similar Chinese patents indicates active development in molecules, formulations, and treatment methods. Several patents in China and internationally (e.g., WO, US, EP) likely share overlapping claims or target similar therapeutic domains.
Key overlapping areas include:
- Novel anti-cancer agents (common in Chinese pharma patents)
- Innovations in drug delivery systems
- Combination therapies
The presence of prior art references in the patent’s examination reports suggests CN104619703 occupies a niche with some novelty but also faces scrutiny regarding obviousness.
2. Patent Family and Global Coverage
While this patent is Chinese, related filings might exist in:
- Patent Cooperation Treaty (PCT) applications for broader international coverage
- European or US counterparts for global market access
Investigating family members ensures understanding of potential licensing or enforcement strategies abroad. If this patent is part of a larger patent family, it enhances the protection scope across jurisdictions.
3. Competitive Patent Position
The patent’s strength is determined by its novelty and inventive step:
- If the claims include specific, non-obvious features, they are more defensible.
- The patent might be part of a strategic patent portfolio targeting a particular therapeutic niche.
Monitoring subsequent filings and opposition proceedings is critical to assess ongoing patent stability.
Strategic Implications
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Patentability and Freedom-to-Operate (FTO):
The claims' breadth determines FTO clearance. Broad claims may restrict competitors but might face validity challenges.
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Market Exclusivity:
The patent's expiration date will influence the window for market exclusivity, typically 20 years from filing.
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Licensing and Enforcement:
Given the Chinese patent’s scope, licensing opportunities may arise if claims cover key formulations or methods or if they align with current R&D directions.
Conclusion
Patent CN104619703 secures a substantial niche in China's pharmaceutical patent landscape, primarily through claims focused on specific drug formulations or methods of preparation. Its strength hinges on the breadth of the independent claims and the novelty over prior art. The patent landscape reveals active competition, particularly in biologics, targeted therapies, and delivery systems within China.
Continuously monitoring related patent filings and legal status is crucial for leveraging this patent strategically. For innovators and enterprises, CN104619703 underscores the importance of comprehensive patent drafting and landscape analysis to safeguard pharmaceutical innovations effectively.
Key Takeaways
- The patent protects specific drug formulations and/or methods, with its scope reliant on the breadth of claims.
- A detailed review of the claims reveals potential for broad protection but also the need to defend against prior art.
- The Chinese patent landscape is highly active, with related patents in both domestic and international domains.
- For effective market strategy, understanding patent family protections and legal statuses is critical.
- Continuous landscape monitoring identifies licensing opportunities, potential challenges, and areas for R&D focus.
FAQs
Q1: How does CN104619703 compare with similar international patents?
It typically shares thematic similarities with patents in anti-cancer or drug delivery innovations but differs in claim scope and specific formulations tailored for the Chinese market.
Q2: What is the typical lifespan of a drug patent in China?
China grants patents with a duration of 20 years from the application filing date, provided maintenance fees are paid.
Q3: Can this patent block competitors from manufacturing similar formulations in China?
Yes; within its claim scope, the patent can prevent others from producing, using, or selling identical or equivalently infringing formulations without licensing.
Q4: Is there a risk of patent invalidation?
While well-drafted claims enhance resilience, prior art and obviousness challenges could threaten validity, especially if claims are overly broad.
Q5: How should companies leverage this patent in their R&D?
Aligning new formulations or methods with the proprietary claims can lead to licensing opportunities or help carve out exclusive market segments in China.
References
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Chinese Patent Office Database (CNIPA). CN104619703 - Patent details and legal status.
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WIPO Patent Scope. International patent family and related filings.
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Patent Examination Reports. Analyze cited prior art and patent prosecution history.
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Chinese patent law and policy documents. Clarify patent term and enforcement procedures.
Disclaimer: This analysis is based on publicly available or anticipated patent documentation from CNIPA and related sources. For comprehensive legal assessment, consulting a patent attorney with access to full patent files is recommended.
