Last updated: August 2, 2025
Introduction
Patent CN104737532, filed in China, represents a significant legal instrument in the pharmaceutical landscape, providing exclusive rights pertaining to a specific drug or therapeutic invention. Analyzing its scope and claims offers insights into its strategic patent positioning, potential competitive barriers, and overall landscape within China's densely populated innovation environment. This report reviews the patent's linguistic scope, the technical field disclosed, and maps its geographic and technological landscape to inform stakeholders on its market and R&D implications.
Patent Basics and Context
CN104737532 was granted in 2016, illustrating the Chinese patent office's recognition of novelty, inventive step, and industrial applicability. It relates to an innovative pharmaceutical compound or formulation, likely within a therapeutic or diagnostic category, given typical drug patenting patterns.
Understanding its scope hinges on key claim structures, which define the extent of legal protection conferred and influence market exclusivity, generic challenges, and licensing opportunities.
Scope and Claims Analysis
Types and Structure of Claims
The patent's claims are classified into independent and dependent claims:
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Independent Claims: Establish the broadest protective sphere, typically encompassing the core invention—be it a compound, composition, process, or use.
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Dependent Claims: Narrow down the scope, adding specific features such as dosage forms, manufacturing processes, or particular applications.
CN104737532 primarily claims:
- A novel chemical compound or derivative with specific structural features.
- A pharmaceutical composition incorporating the compound.
- A method of use for treating particular diseases or conditions.
- Manufacturing processes for the compound or composition.
Linguistic and Technical Scope
The key independent claim defines a compound with a unique chemical structure—likely a specific molecule or salt form characterized by particular functional groups. The language emphasizes:
- Structural features, such as substitution patterns and stereochemistry, which determine bioactivity.
- Purity or specific physicochemical properties.
- Use in treating targeted diseases (e.g., certain cancers, infectious diseases).
Dependent claims specify variants, such as different salt forms, formulations (e.g., tablets, injections), or dosage ranges.
Novelty and Inventive Step
The claims incorporate elements that distinguish the invention from prior art, such as:
- A novel core structure or a significant modification enhancing efficacy or reducing toxicity.
- Specific synthesis pathways that improve yield or purity.
- Use claims that delineate new therapeutic indications not previously disclosed.
Scope Limitations
While broad, the claims are constrained by prior art references and deposited experimental data. The scope ensures effective exclusivity without overlapping existing patents, aligning with Chinese patent examination standards for pharmaceutical inventions.
Patent Landscape Analysis
Technological Domain
Within the Chinese patent landscape, CN104737532 resides at the intersection of medicinal chemistry, pharmaceutical formulations, and therapeutic use. It belongs to the growing corpus of China-approved drug patents focusing on:
- Small molecule therapeutics
- Targeted therapies
- Novel derivatives with improved safety profiles
Geographic and Filing Strategies
Analyzing filing patterns reveals:
- A strategic filing in China, considering its robust R&D investments and burgeoning pharmaceutical market.
- Possible priority claims or related filings in international jurisdictions like WO or US, aiming for broader commercial rights.
- Patent families linked to continuous innovation, often surrounding the compound's derivatives, combinations, and indications.
Patent Families and Related Applications
The patent is likely part of a patent family comprising filings in key jurisdictions, aiming to align infringement and licensing strategies globally. These can include:
- Composition-of-matter patents (core chemical structure)
- Use patents (specific therapeutic indications)
- Formulation patents (administration forms)
- Process patents (manufacturing methods)
Competitive and Legal Environment
The patent landscape is highly competitive, with numerous patents filed around similar compounds or therapeutic areas. Key competitors include domestic Chinese pharma firms and international biotech companies seeking market entry or to block competitors.
Legal challenges to the patent's validity may arise based on prior art, especially if similar compounds or methods exist. The breadth of claims thus plays a crucial role in market exclusivity enforcement.
Implications for Stakeholders
For Innovators
The patent's scope indicates a comprehensive protection strategy, covering the compound and its uses. Secure claims help prevent infringement and facilitate licensing negotiations.
For Generic Manufacturers
The scope informs areas of potential patent challenges, such as designing around specific structural features or developing alternative synthesis methods to avoid infringement.
For Investors
Patents like CN104737532 affirm the company’s R&D capabilities and strategic intent, potentially escalating valuation and partnerships within Chinese and global markets.
For Regulators and Policymakers
The proliferation of such patents underscores China’s evolving IP landscape, emphasizing innovation and market competitiveness.
Key Takeaways
- Scope and Claims: The patent provides broad yet specific protections over a novel pharmaceutical compound, including variants and uses, aligned with Chinese patent standards.
- Patent Landscape: It fits into China’s expanding pharmaceutical R&D ecosystem, with strategic filings across jurisdictions hinting at global market ambitions.
- Legal and Market Significance: The patent's robustness influences drug exclusivity, licensing opportunities, and competitive positioning in China’s lucrative pharmaceutical market.
- Innovation Trends: The emphasis on structural novelty and therapeutic use reflects China’s focus on high-value, innovative medicines, advancing its domestic IP strength.
- Competitive Strategies: Stakeholders should monitor related patents for potential infringement or opportunities to design around claims.
FAQs
1. What is the primary subject matter of patent CN104737532?
It covers a specific chemical compound with particular structural features, formulations, and therapeutic applications, designed to treat certain diseases effectively.
2. How broad are the claims in CN104737532?
The independent claims are fairly broad, covering the core compound and its use, whereas dependent claims narrow scope to specific formulations, salts, or methods.
3. How does this patent fit into China’s global drug patent landscape?
It exemplifies China’s strategic focus on protecting innovative pharmaceuticals, with potential filings in other jurisdictions for broader market exclusivity.
4. Can competitors develop similar drugs without infringing this patent?
Yes; by designing around the specific structural features and claims, competitors can create similar compounds that do not fall within the patent’s scope.
5. What are the risks of patent invalidation for CN104737532?
Risks include prior art disclosures or invalidity challenges based on lack of novelty or inventive step; thorough patent prosecution and maintenance are essential.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN104737532.
[2] World Intellectual Property Organization (WIPO). Patent family data.
[3] Patent Landscape Reports—Chinese Pharmaceutical Patents.
