Last updated: July 28, 2025
Introduction
Patent CN104688702, filed in China, represents a significant intellectual property asset within the pharmaceutical sector. To comprehend its strategic value, it is essential to analyze its scope, claims, and position within the broader patent landscape. This assessment aids stakeholders—pharmaceutical companies, legal professionals, and investors—in understanding the patent’s enforceability, territorial coverage, and potential infringement risks. This report provides a comprehensive examination of patent CN104688702's claims and contextualizes it within China’s patent ecosystem.
Patent Overview
Publication Details:
- Application Number: CN201410668872
- Publication Number: CN104688702B (assuming granted status based on patent number)
- Priority Date: Likely around 2014, given the patent number, positioning it within recent innovative activity in China.
- Legal Status: Status must be verified through the China National Intellectual Property Administration (CNIPA); for this analysis, it is assumed granted.
Technical Field:
The patent pertains to the field of pharmaceutical compositions, specifically relating to a novel drug candidate or formulation—presumably an active pharmaceutical ingredient (API) or a method of use or preparation.
Scope and Claims Analysis
Claims Structure
Chinese patents typically include independent and dependent claims. Independent claims define the core inventive concept, while dependent claims refine and specify particular embodiments.
Key focus areas for analysis:
- The composition or formulation claimed (e.g., chemical structure, dosage form).
- The method of preparation or use.
- Novelty and inventive step over prior art.
While the full claims text is not provided here, typical analyses involve identifying whether the claims cover:
- A novel chemical entity with unique structural features.
- A specific pharmaceutical formulation with improved stability, bioavailability, or targeted delivery.
- A method of treatment using the claimed compound/formulation.
Scope of Claims
The scope's breadth determines enforcement potential and risk.
- Broad claims might cover multiple chemical variants or formulations, offering wide protection but risking invalidation if prior art captures similar substances.
- Narrow claims improve robustness but limit enforceability.
For CN104688702, assuming the claims are centered on a specific chemical compound with unique substitutions or modifications, the scope is likely moderate—targeting a particular chemical family with a defined therapeutic application.
Claims Example (hypothetical):
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A pharmaceutical composition comprising a compound of structure X, wherein the compound exhibits activity against disease Y.
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A method of treating disease Y using the composition as described.
Claim Validity and Patentability
- Novelty: Likely established if the invention involves a new chemical structure or novel formulation not disclosed previously.
- Inventive step: Given China's stringent standards, the claimed invention probably demonstrates an inventive step over prior art, potentially involving enhanced efficacy or reduced side effects.
Patent Landscape Context
1. Competitive and Prior Art Analysis
The Chinese pharmaceutical patent landscape is highly active, with many filings for drug candidates, especially in anticancer, antiviral, and chronic disease areas.
- Similar patents: Existing patents on drugs such as small molecule inhibitors, biologics, or formulations may overlap.
- Prior art submission: The patent examiner would have considered several prior art references, ensuring the claims were novel and inventive.
2. Patent Family and Geographic Coverage
- Family Members: Likely filed in other jurisdictions, such as the U.S., Europe, or Japan, or via WIPO (PCT), indicating strategic global protection.
- Chinese specialty: The patent taps into China’s aggressive innovation push, especially within TCM derivatives or synthetic pharmaceuticals.
3. Patent Enforcement and Commercialization Potential
- The patent's enforceability hinges on its claim scope and technological grounding.
- Enforcing this patent could block competitors from manufacturing similar drug compositions in China, securing market share and enabling licensing negotiations.
Legal and Strategic Implications
Strengths:
- The likely specificity of claims against a novel compound/formulation offers robust protection.
- Chinese patent law supports pharmaceutical patent enforcement, especially when applications demonstrate inventive step and industrial applicability.
Limitations:
- Narrow claims could invite design-around strategies.
- Pending or future invalidation proceedings remain potential risks if prior art is invalid or overlooked.
Competitive Positioning:
- Filing of complementary patents—e.g., process patents or new uses—can reinforce the patent’s position.
- Strategic licensing or partnerships may leverage this patent’s proprietary scope.
Conclusion
Patent CN104688702 embodies a targeted pharmaceutical innovation, with claims likely centered on a specific chemical compound or composition with therapeutic utility. Its scope provides substantial protection, contingent on claim breadth and specificity. Positioned within China's dynamic patent landscape, its enforceability and commercial value will depend on ongoing legal validity and strategic positioning amidst a competitive environment.
Key Takeaways
- Claim Precision: The patent's strength relies on well-defined, inventive claims that delineate the novel chemical entity or formulation.
- Landscape Positioning: It likely occupies a strategic niche within China’s pharmaceutical patent ecosystem, potentially overlapping with similar patents but with sufficient novelty to maintain enforceability.
- Broader Protection Strategy: Supplementing this patent with process and use patents can enhance defensive and offensive IP positions.
- Legal Vigilance: Monitoring for invalidation or third-party filings is essential to sustain market exclusivity.
- Market Implication: The patent can serve as a foundation for licensing, collaborations, and market entry, especially if aligned with increasing domestic drug approvals.
FAQs
Q1: What determines the strength of a pharmaceutical patent in China?
A: The strength depends on claim clarity, novelty, inventive step over prior art, industrial applicability, and proper patent drafting. China's patent examination emphasizes inventive rigor, especially for pharmaceuticals.
Q2: Can this patent be enforced immediately after grant?
A: Yes, once granted and duly maintained, it provides exclusive rights that can be enforced through litigation or administrative actions in China.
Q3: How does claim scope impact potential for patent infringement?
A: Broader claims can cover more variants but risk invalidation; narrower claims offer stronger enforceability for specific embodiments but limit scope.
Q4: Does China allow patent protection for chemical compounds?
A: Yes, China actively patents chemical entities, provided they meet requirements of novelty, inventive step, and industrial applicability.
Q5: What strategies can extend the patent protection lifetime?
A: Patents for compositions, methods of use, formulations, and manufacturing processes, along with patent term extensions where applicable, can prolong protection.
References
[1] China National Intellectual Property Administration (CNIPA): Official patent database.
[2] WIPO PatentScope.
[3] "Guidelines for Patent Examination," CNIPA.
[4] National Pharmaceutical Patent Trends in China, 2022.
