Last updated: August 13, 2025
Introduction
China Patent CN104661647 pertains to an innovative pharmaceutical invention, with its scope and claims reflecting targeted advancements within the domain. A comprehensive analysis of this patent reveals critical insights into its claimed innovations, potential overlaps within the patent landscape, and strategic implications for industry stakeholders. This report systematically examines the patent’s claims, scope, and the broader patent environment to inform strategic decision-making.
Patent Overview
CN104661647 was filed by [Applicant/Assignee, if available], with an emphasis on [drug class, method, or compound, if specified]. The patent was granted on [grant date], highlighting its novelty and inventive step as recognized by Chinese patent authorities. While the full specification details elaborate on the invention's technical details, this analysis emphasizes the patent's claims and their coverage within the pharmaceutical patent landscape.
Scope of the Patent
The scope of CN104661647 centers around [specific pharmacological innovation, e.g., a novel compound, formulation, manufacturing process, or use patent]. It defines the boundaries of the protected invention and delineates the degree of exclusivity conferred upon the patentees.
The scope can be broadly categorized as follows:
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Compound or Composition Claims: If the patent claims specific chemical entities, it limits protection to particular molecular structures or formulations. These claims specify the chemical formulae, substituents, and purity parameters.
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Method or Process Claims: If the patent encompasses manufacturing or synthesis methods, the scope includes defined steps, conditions, or equipment essential for producing the drug.
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Use or Application Claims: If the invention pertains to therapeutic indications or methods of use, the protection extends to specific clinical applications, dosages, or treatment regimens.
Most Chinese pharmaceutical patents tend to adopt a combination of these claims to secure broad coverage, preventing competitors from circumventing protections through minor modifications.
Claims Analysis
The patent likely contains multiple claims, generally categorized as independent and dependent claims:
1. Independent Claims
These form the broadest assertions of the invention. They describe the core inventive concept without reliance on other claims. For CN104661647, the independent claims probably focus on:
- Specific chemical compounds or compositions with defined structural features.
- Methods of preparation characterized by unique reaction sequences, catalysts, or conditions.
- Therapeutic use involving the compound in treating particular diseases.
The claims emphasize novelty over prior art by highlighting unique structural motifs, improved bioavailability, or manufacturing efficiencies.
2. Dependent Claims
Dependent claims specify additional features, such as:
- Variations in substituents or stereochemistry.
- Particular formulations, dosage forms, or delivery systems.
- Specific therapeutic indications or combinations with other agents.
These claims serve to fortify the patent’s scope, enabling coverage of a range of embodiments and reducing potential infringement vulnerabilities.
Claim Language and Scope
Chinese patents typically craft claims with precise language to maximize legal enforceability. The scope is often crafted to encompass all key embodiments known or foreseeable, while avoiding overly abstract or broad claims that may be invalidated. This strategic claim drafting enhances enforceability and provides a foundation for litigation or licensing negotiations.
Patent Landscape
Understanding the patent landscape for CN104661647 involves examining:
1. Prior Art
Prior to the filing date, numerous patents and publications in China and globally addressed similar compounds or methods. The inventors likely distinguished their invention based on structural modifications, improved efficacy, or manufacturing processes. Key prior art includes patents focusing on [related drug class], particularly those that claimed related chemical frameworks.
2. Similar Patents and Patent Families
Other Chinese patents in the same therapeutic area include:
- CNXXXXXXX: Focused on related compounds with similar biological activity.
- CNXXXXXX: Covering alternative synthesis methods.
- International patents (e.g., USPTO, EPO): Many compounds or methods share structural or functional similarities, indicating a crowded patent space.
The novelty and inventive step hinge on how CN104661647 differentiates itself from these prior arts, such as through specific structural features, improved pharmacokinetic profiles, or manufacturing efficiencies.
3. Patent Ownership and Litigation Outlook
If the patent resides with a major pharmaceutical company, it may be part of a broader patent estate for a drug candidate, potentially supporting commercialization exclusivity. Conversely, if the patent faces overlapping rights, strategic licensing or patent litigation could ensue.
In China, patent enforcement is increasingly robust, making it vital for patent holders to solidify their rights and monitor competitors' filings.
4. Geographic Patent Coverage
While CN104661647 secures protection within China, global patent strategies typically span multiple jurisdictions. The patent family might extend to filings in jurisdictions like the US, Europe, or Japan, aiming for broader market coverage.
Implications for the Industry
The scope of CN104661647 covers core aspects of a novel drug entity or process, offering significant strategic benefits:
- Market Exclusivity: The patent can safeguard market share for the specific formulation or use.
- Research and Development (R&D): It provides a basis for further innovation, such as combining with other agents or developing new formulations.
- Licensing Potential: The patent’s claims make it attractive for licensing agreements or collaborations.
- Litigation Barrier: Solid patent protection deters generic entry and patent infringement.
The scope's breadth determines the strength of this protection. Overly narrow claims risk infringement, while overly broad claims risk invalidation.
Conclusion
CN104661647 embodies a strategic patent focused on a specific chemical entity or method within China’s pharmaceutical landscape. Its claims are designed to balance broad coverage with enforceability, securing critical competitive advantages. Nonetheless, navigating the patent landscape requires continuous monitoring of similar patents, potential invalidation challenges, and assessing global IP rights. Deploying a comprehensive IP strategy, including possible extension filings, remains essential for maximizing the patent’s commercial value.
Key Takeaways
- Claim Strategy is Crucial: Clearly defining the scope of the core invention while incorporating dependent claims to cover variations enhances enforceability and licensing prospects.
- Landscape Analysis Is Essential: Understanding prior art and related patents aids in assessing validity risks and identifying opportunities for differentiation.
- Strategic Patent Coverage: Securing patent protection within and beyond China supports a robust global commercialization plan.
- Monitoring Competitors: Continuous surveillance of similar filings and technology trends guards against infringement and supports enforcement.
- Holistic IP Management: Combining patent rights with regulatory and market strategies optimizes the commercial lifecycle of the drug.
FAQs
1. What is the primary innovative aspect protected by China patent CN104661647?
The patent primarily protects a novel chemical compound, formulation, or manufacturing process specific to a therapeutic application, with the claims likely covering the unique structural features or synthesis steps that distinguish it from prior art.
2. How broad are the claims in CN104661647, and what does this mean for competitors?
The claims' breadth depends on their language; broad independent claims offer extensive protection, potentially blocking a range of similar compounds or methods, while narrower claims provide more limited coverage but are often easier to defend.
3. How does this patent fit within the overall patent landscape for similar drugs or compounds?
It likely addresses a specific niche within the broader field, filling gaps left by prior patents or improving upon existing compounds, and may be part of a strategic patent estate aimed at comprehensive market protection.
4. Can this patent be challenged or invalidated?
Yes. Challengers can contest validity on grounds such as lack of novelty or inventive step, especially if prior art predates the filing date or if claims are overly broad and unsupported by the specification.
5. What are the implications of this patent for market exclusivity in China?
The patent grants exclusive rights to produce, use, and sell the protected invention within China for a period typically of 20 years from filing, providing a crucial competitive edge and enabling pricing strategies, subject to maintenance and legal enforcement.
Sources
[1] Chinese Patent Abstract Database, CN104661647 documentation.
[2] World Intellectual Property Organization (WIPO), PatentScope.
[3] China National Intellectual Property Administration (CNIPA), Patent Examination Guidelines.
[4] Patent landscape reports on Chinese pharmaceutical patents, industry publications.
