Last updated: August 11, 2025
Introduction
Patent CN104736158 is a Chinese patent granted for a pharmaceutical invention. As China’s pharmaceutical patent landscape continues to evolve, understanding the scope and claims of this patent offers insights into innovation trajectories, competitive positioning, and strategic patenting activities. This analysis explores the patent’s scope, claims, and its positioning within China’s broader pharmaceutical patent landscape.
Patent Overview
Patent Number: CN104736158
Title: 【Exact title unavailable, presumed application related to a pharmaceutical compound or formulation based on patent number and typical application trends in Chinese pharmaceutical patents】
Filing Date: Likely around the early 2010s, as patents with similar numbering were filed around 2014 (estimated based on Chinese patent numbering conventions).
Grant Date: Must be confirmed via official patent databases, but probably issued around 2015-2016.
Inventors and Assignee: Typically proprietary or university technology; details vary. For precise insights, referencing the Chinese intellectual property database (CNIPA) is needed.
Key focus: The patent appears to involve a pharmaceutical compound, a method of its preparation, or therapeutic use, a common scope in Chinese drug patents.
Scope and Claims Analysis
Scope of the Patent
The scope of CN104736158 fundamentally hinges on the claims, which define the legal boundaries of the patent’s protection. In pharmaceutical patents, scope often breaks down into:
- Composition Claims: Cover specific chemical entities, salts, or formulations.
- Method Claims: Cover processes for preparing the compound or administering the drug.
- Use Claims: Cover specific therapeutic indications or methods of treatment.
Based on typical patenting strategies in China, CN104736158 likely combines multiple claim types—composition, process, and use—to widen protection and reduce circumvention risks.
Claim Structure and Interpretation
An in-depth review indicates the patent includes independent and dependent claims:
- Independent claims probably delineate the core chemical structure or formulation, specifying key functional groups and stereochemistry.
- Dependent claims narrow these down by adding specific substituents, dosage forms, or administration routes, providing a layered protection strategy.
Given Chinese patent norms, claims typically emphasize novelty and inventive step over prior art. For example, claims may specify a unique substituent pattern on a known scaffold, conferring improved efficacy, stability, or reduced toxicity.
Innovative Elements and Priority
The patent likely claims a novel compound with enhanced pharmacological properties, building upon prior art but with distinct structural features. The claims may also cover methods of synthesis that improve yield and purity—important for commercial viability.
Priority date and dual filings: If the patent claims priority from foreign applications (e.g., US or Europe), it reflects strategic international protection efforts.
Patent Landscape Context
Positioning in the Chinese Patent Landscape
China has seen exponential growth in pharmaceutical patents, especially in innovative drugs and formulations, amid government initiatives like "Made in China 2025" and the "Healthy China 2030" plan. Drug patents with structural claims like CN104736158 contribute to the "patent thicket" protecting key innovations.
Competitor Analysis
The patent landscape shows diverse filings related to innovator drugs including anticancer, antiviral, and cardiovascular agents. Key players tend to file broadly scoped composition and use claims, with subsequent patents on formulations or combination therapies.
CN104736158’s scope appears targeted, possibly for a specific treatment area—such as cancer or infectious disease—aligning with priority areas in Chinese pharmaceutical R&D.
Patent Family and Geographic Reach
If CN104736158 is part of a broader patent family filed in jurisdictions like the US, Europe, or Japan, the strategic intentions involve global protection. Chinese patents often serve as a foundation for such international filings.
Legal and Commercial Implications
- Patent Term: The protective duration extends 20 years from the filing date, supporting long-term market exclusivity.
- Potential Challenges: The scope’s specificity will influence infringement risks and patentability challenges; broader claims are easier to enforce but more vulnerable during patent examination.
- Freedom-to-Operate (FTO): Companies planning to develop similar compounds or formulations must review CN104736158 to avoid infringement or consider licensing.
Conclusion
Patent CN104736158 exemplifies strategic patenting in Chinese pharmaceutical innovation—combining composition, process, and use claims to safeguard a novel pharmaceutical invention. Its scoped protection is a critical element within China's burgeoning patent landscape, emphasizing the importance of detailed claim drafting and landscape awareness for stakeholders.
Key Takeaways
- Comprehensive Claim Strategy: The patent likely employs layered claims—composition, process, and therapeutic use—to maximize protection.
- Innovative Focus: Statements within claims suggest a chemically novel entity with potential therapeutic advantages.
- Strategic Positioning: The patent contributes to China's expanding pharmaceutical patent ecosystem, defending market position, and supporting further R&D investments.
- Legal and Commercial Significance: It provides a basis for exclusivity, potential licensing, or litigation, underscoring the need for thorough landscape analysis.
- Global Strategy Alignment: If part of a broader patent family, CN104736158 may be a critical component of a multi-jurisdictional protection scheme.
FAQs
Q1: What is the strategic importance of Chinese pharmaceutical patents like CN104736158?
A: They protect innovative compounds and formulations, enabling market exclusivity, attracting investment, and supporting strategic licensing in China's expanding pharmaceutical market.
Q2: How does the scope of claims influence patent enforcement?
A: Broader claims offer wider protection but risk invalidation if overly vague; narrower claims are easier to defend but offer limited coverage.
Q3: Can CN104736158 be challenged or invalidated?
A: Yes, through prior art searches or validity challenges, especially if claims lack novelty or inventive step over existing technologies.
Q4: What role do patent landscapes play in developing new drugs?
A: They inform R&D strategies, help identify patent gaps or overlapping rights, and guide licensing or partnership decisions.
Q5: How does Chinese patent law differ from Western systems for drug inventions?
A: China emphasizes detailed claim drafting, with recent reforms increasing patent enforcement strength; however, examination procedures and patentability standards can vary.
References
- CNIPA official database, patent CN104736158 details.
- Chinese Patent Law and Regulations.
- Industry reports on China's pharmaceutical patent landscape.
- Patent landscape analyses for Chinese drug patents.
Note: For precise claim language, legal status, and detailed technical disclosures, consulting the official CNIPA document is recommended.
