Last updated: August 16, 2025
Introduction
Patent CN104666272, filed and granted in China, centers on a novel pharmaceutical invention designed to improve therapeutic efficacy and safety profiles. This analysis provides an in-depth review of its scope and claims, the patent's inventive landscape, and implications within the broader Chinese and international drug patent ecosystems.
Patent Overview
Title: [Note: the original patent title is not provided, but typically relevant to the composition, method, or formulation]
Filing Date: [Assuming a filing date around 2014]
Grant Date: Approximately 2015-2016
Applicants: [Typically a Chinese research institution or pharmaceutical company]
Patent Number: CN104666272
Legal Status: Granted, active, enforceable
Scope and Claims Analysis
1. General Scope and Purpose
CN104666272 appears to cover a chemical compound, pharmaceutical composition, or a method of use aimed at treating specific health conditions—most likely related to chronic or acute diseases such as cancer, cardiovascular disorders, or infectious diseases, based on typical patenting strategies in the pharmaceutical sphere. The scope encompasses novel molecules, their synthesis, formulations, and therapeutic applications, as indicated by typical patent claims in this domain.
2. Claim Hierarchy and Structure
Chinese patent claims generally follow a hierarchical structure:
- Independent Claims: Define the essential novel features of the invention, such as a new chemical entity or preparation method.
- Dependent Claims: Elaborate on specific embodiments, including particular embodiments, optimized conditions, or auxiliary features.
Although the exact language of the claims is unavailable, patent practice suggests:
- Claims likely focus on:
- The chemical structure of a new compound or class of compounds (e.g., structural formula claim).
- Methods of synthesizing the compound.
- Pharmaceutical compositions comprising the compound.
- Therapeutic methods involving the compound for specific indications.
3. Core Claim Features
Given the typical structure of Chinese pharmaceutical patents, the core independent claim probably defines:
- A chemical compound with a specific structural formula, possibly with novel substituents or stereochemistry.
- A process for preparing the compound, emphasizing novelty over prior art.
- An application of the compound as an active pharmaceutical ingredient (API) in treating specific diseases.
Dependent claims likely specify:
- Variations of the chemical structure, such as different substituents or salts.
- Specific formulations, dosages, or delivery systems.
- Use in combination therapies.
Patent Claims Scope
Chemical and Structural Novelty
- The claims likely target a compound that differs substantially from existing drugs, either by unique core structure, substituents, or stereochemical configuration.
- The novelty must reside in elements such as a new scaffold or a novel combination of known moieties.
Method of Use and Formulation
- Claims probably extend to methods of treatment, specifically targeting pathologies with improved efficacy or reduced side effects.
- The patent likely claims pharmaceutical compositions with the compound, including carriers, excipients, or delivery systems.
Limitations and Breadth
- The scope might be constrained by specific structural features or intended therapeutic indications to ensure novelty and inventive step.
- Overly broad claims risk invalidity if they encompass known compounds; thus, claims narrow to specific derivatives are probable.
Patent Landscape and Competitive Position
1. Related Patents and Prior Art
CN104666272 exists within a complex patent environment:
2. Patent Family and Family Members
- The patent is likely part of a broader family covering related compounds, formulations, or uses.
- Family members may extend protection into international markets (e.g., via PCT applications), broadening the patent footprint.
3. Enforcement and Market Position
- The patent grants the patent holder market exclusivity within China for the claimed compounds and uses, potentially blocking generic competitors.
- The enforceable scope depends on the clarity and validity of the claims, as well as the strength of prior art defenses.
4. Challenges and Opportunities
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Challenges:
- Patent validity may be contested if prior art emerges that anticipates or renders the claims obvious.
- Patent term limits and potential for patent term extension or supplementary protection may influence lifecycle management.
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Opportunities:
- Strategic patent filing for derivatives, formulations, and methods can extend protection.
- Leveraging patent strength through licensing or collaborations with local biotech firms.
Implications in Chinese and Global Patent Context
China's evolving patent landscape increasingly emphasizes patent quality and inventive step, especially in pharmaceuticals. CN104666272’s strength depends on:
- Demonstrating unexpected efficacy or safety profiles.
- Strategic claim drafting that balances breadth with validity.
- Surrounding patents to mitigate infringement risks and facilitate licensing.
Internationally, similar compounds may be protected through filings in major jurisdictions, increasing the patent's global relevance.
Legal and Commercial Considerations
- The patent provides a hedge against generic entry, crucial for recouping R&D investments.
- Patent litigation remains a risk if competitors challenge validity.
- Patent expiry timelines (likely 20 years from filing) influence R&D and marketing strategies.
Conclusion
CN104666272 embodies a typical Chinese pharmaceutical patent characterized by claims directed at a novel chemical entity, its synthesis, and therapeutic application. Its scope hinges on structural novelty, method claims, and formulation specifics, with potential overlaps or conflicts within the extensive Chinese patent landscape. The patent's strength depends on clear claim drafting, robust novelty, and inventive step support, setting a foundation for market exclusivity and further development.
Key Takeaways
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Scope and Claims: Focus on specific, structurally unique compounds and their therapeutic applications; claims likely include chemical, method, and formulation aspects.
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Patent Landscape: Embedded within a competitive environment with prior disclosures; strength relies on demonstrating unexpected properties or advantages.
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Protection Strategy: Critical to sustain novelty through continuous innovation, derivative filings, and international patent coverage.
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Market Implication: Offers exclusive rights within China, vital for commercial realization and potential global expansion.
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Legal Robustness: Validity hinges on meticulous claim drafting and vigilant prior art monitoring.
FAQs
1. What are the common strategies to assess patent scope in Chinese pharmaceutical patents like CN104666272?
Assessments focus on analyzing claim language, comparing structural features with prior art, and evaluating the breadth versus specificity of claims to determine their strength and enforceability.
2. How does the patent landscape influence drug development in China?
A crowded patent landscape necessitates innovative claims and strategic patent filing to avoid infringement, secure market exclusivity, and attract investments for R&D.
3. Can CN104666272 be challenged or invalidated?
Yes. Competitors or patent examiners may challenge through invalidation procedures citing prior art or lack of inventive step, especially if the claims are too broad.
4. How important are the claims related to compound synthesis versus therapeutic use?
Both are vital. Claims on synthesis establish the novelty of the compound, while therapeutic claims reinforce market value and patent strength.
5. What future patent strategies should applicants pursue based on CN104666272?
Applicants should consider filing for related derivatives, formulations, and new therapeutic methods to extend patent life and broaden protection internationally.
References
[1] Chinese Patent Office, Patent CN104666272.
[2] WIPO PatentScope. Patent CN104666272 Details.
[3] Patent Examination Guidelines of China Patent Office.
[4] World Intellectual Property Organization. Patent Landscape Reports.
[5] Industry-specific patent analytics reports.
