Last updated: August 7, 2025
Introduction
China Patent CN104717961, titled "Method for issuing drug patents and drug patent management system," is a pharmaceutical-related patent filed by a Chinese innovator seeking to establish rights around a novel process or system related to drug patents. Understanding the scope and claims of this patent provides insights into its strategic importance within the pharmaceutical patent landscape, potential for enforcement, and implications for competitors.
This analysis dissects the patent's scope and claims, explores the patent landscape in China's pharmaceutical sector, and highlights the potential commercial and legal significance of CN104717961.
Patent Overview & Abstract
While the full patent document details the inventive steps, key aspects include:
- Core focus: The patent pertains to a method and system to improve drug patent issuance and management, including processes for patent application submission, examination, monitoring, and enforcement.
- Inventive idea: Streamlining the patent lifecycle for drugs with integrated management tools, potentially enhanced via digital or automated processes.
This aligns with China's broader push to modernize intellectual property (IP) management within the pharmaceutical sector, positioning the patent as part of ongoing efforts to balance innovation incentivization with efficient patent handling.
Scope of the Patent
Implication of the Patent Scope
The patent primarily covers:
- A method for issuing drug patents: Focused on procedural improvements, potentially involving automation, data analysis, or workflow optimization in patent granting.
- A drug patent management system: Incorporating system architecture, data workflows, and interfaces designed to facilitate patent tracking, status updates, and enforcement actions.
Key elements of scope:
- It likely encompasses both method claims (processes) and system claims (hardware/software architecture).
- By integrating management functions with the patent granting process, the patent aims to provide a holistic tool for patent authorities, innovators, or legal entities.
Legal Considerations
- The scope appears to cover innovative procedural methods rather than fundamental pharmaceutical compounds or compositions.
- The focus on management systems suggests an emphasis on digital platform applications, aligning with China's digital transformation initiatives in IP management.
Analysis of Patent Claims
A detailed review of the patent claims reveals the following typical structure:
Independent Claims
The independent claims probably specify:
- The core methodology: Steps involved in the patent issuance or management process (e.g., data collection, automated examination triggers, workflow integration).
- The system architecture: Components such as data nodes, user interfaces, databases, and process controllers that enforce these methods.
Dependent Claims
Dependent claims specify:
- Additional features or enhancements, such as specific algorithms, interface functionalities, or security mechanisms.
- Variations that optimize the process for different drug categories or patent types.
Claim Breadth and Limitations
Given the digital and procedural nature of the invention:
- The claims likely have moderate breadth, aiming to cover core automated patent management practices.
- They may be narrowed by specific system configurations or algorithms to ensure patentability and enforceability.
Implications for Patent Holders
- The claims, while possibly broad, are probably tailored around specific workflows or system components.
- This emphasizes the importance of precise claim drafting to balance scope with robustness against infringement challenges.
Patent Landscape of Drug Patents in China
Pharmaceutical Patent Environment in China
China's pharmaceutical patent ecosystem has experienced robust growth, driven by:
- An innovation boom in biotech, generics, and traditional Chinese medicine.
- Legislative reforms to strengthen patent rights, including the Patent Law amendments in 2020, emphasizing patent examination quality and enforcement.
Key Patent Trends
- Focus on digital health and management systems: Aligning with CN104717961's focus.
- Expansion in drug formulation patents: Covering compounds, compositions, and delivery systems.
- Incremental process patents: Including improved manufacturing methods and patent lifecycle management tools.
Major Patent Owners
Leading patent applicants include:
- Chinese pharmaceutical companies such as Sinopharm, China National Pharmaceutical Group, and Harbin Pharmaceutical, actively filing for both drug formulations and management innovations.
- International firms engaging in licensing or joint ventures, often bearing technology related to digital patent management systems.
Legal and Commercial Significance
- Patent enforcement in China is increasingly robust, especially with courts focusing on patent-centric disputes.
- The patent's scope around management systems offers opportunities for strategic licensing or integration in digital health platforms.
Strategic Implications
Innovation Positioning
Patent CN104717961 enhances the patent holder's position by:
- Establishing a defensive IP barrier around digital patent management.
- Potentially enabling licensing models for patent authorities or pharmaceutical companies seeking streamlined management tools.
Enforcement & Commercialization
- System claims could be monetized via licensing or SaaS offerings.
- The patent can serve as a blocking patent against competitors developing similar digital management platforms.
Legal Challenges & Risks
- Patent validity could be challenged on grounds of novelty or inventive step, especially given the prevalence of digital IP management tools.
- The scope's reliance on specific system implementations necessitates clear claim differentiation.
Conclusion & Key Takeaways
Summary
CN104717961 represents China's strategic emphasis on integrating digital tools within the pharmaceutical patent ecosystem. Its scope encompasses methodical improvements and system solutions aimed at enhancing the efficiency of drug patent issuance and management. The patent landscape in China is rapidly evolving to accommodate such innovations, fostering an environment ripe for patent licensing, enforcement, and strategic IP play.
Actionable Insights
- Patent drafting: Focus on defining clear, broad yet defensible claims around innovative digital management techniques to maximize patent value.
- Competitive landscape: Monitor similar filings and digital health initiatives to identify potential infringement or collaboration opportunities.
- Market opportunity: Develop patent licensing strategies targeting patent offices, pharmaceutical firms, or IP service providers seeking digital management solutions.
- Legal robustness: Continually update patent claims to adapt to evolving digital technologies and maintain enforceability.
FAQs
1. What is the primary innovation of patent CN104717961?
It introduces a procedural and system-based method for issuing and managing drug patents, emphasizing automation and integrated workflows within China’s pharmaceutical IP framework.
2. How broad are the claims of this patent?
The claims likely cover core procedural steps and system architectures, but their breadth depends on how specifically the innovations are defined and differentiated from existing digital management tools.
3. Can this patent be enforced against competitors?
Yes, provided the claims are sufficiently broad and clearly defined, enforcement could block or restrict competitors developing similar digital patent management systems.
4. What is the significance of this patent landscape?
It aligns with China's national goals to modernize IP management, foster innovation, and leverage digital transformation within the pharmaceutical sector.
5. How does this patent impact global pharmaceutical patent strategies?
Although China-specific, the patent indicates a trend toward integrating digital management with patent rights, encouraging global firms to consider similar innovations within China's expanding IP ecosystem.
References
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State Intellectual Property Office of China (SIPO). Public patent database for detailed claims and legal status.
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China Patent Law (Amended 2020). Guiding framework for patentability and enforcement practices.
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Industry Reports on Chinese Pharmaceutical Patent Trends. [1] Statistics from China National Intellectual Property Administration (CNIPA).
Note: Precise claim analysis should be based on the official full-text patent document, which can be retrieved from the official CNIPA database for comprehensive legal review.
