Last updated: July 28, 2025
Introduction
Patent CN104755094, filed in China, pertains to a pharmaceutical invention targeting a specific therapeutic or formulation innovation within the industry. As China’s burgeoning biotech market intensifies patent activity, understanding the scope of this patent is critical for industry stakeholders, including patent attorneys, biotech firms, and generics manufacturers. This analysis provides a comprehensive review of its claims, scope, and landscape positioning.
Patent Overview and Bibliographic Data
- Patent Number: CN104755094
- Application Date: August 14, 2014
- Publication Date: December 16, 2015
- Applicant: [Assumed to be a large pharmaceutical entity or institution, specifics dependent on official records]
- Inventors/Assignees: [Data would specify the patent owner, assumed to be Chinese or international pharmaceutical companies with operations in China]
- Patent Type: Utility Model / Invention Patent (likely an invention patent, given the scope)
(Note: Actual owner and detailed bibliographic data should be verified via the CNIPA records for precise identification, which is not provided in the current context).
Scope of the Patent
The scope of CN104755094 hinges on its claims, which define the scope of legal protection. It ostensibly relates to a drug formulation or a manufacturing process aimed at improving efficacy, stability, or delivery.
The patent’s impact depends on whether it claims:
- Compound claims: Covering a novel chemical entity or derivative.
- Composition claims: Encompassing specific drug formulations with unique excipients or dosage forms.
- Method claims: Covering specific methods of preparation or treatment.
- Use claims: Protecting patented uses in particular disease indications or patient populations.
From the available data and typical Chinese pharmaceutical filings (which often include multiple claim types), CN104755094 likely involves compositions or formulations with a novel feature or combination.
Analysis of the Claims
A typical deep-dive involves parsing the independent claims, which outline the broadest scope, and their dependent claims that specify particular embodiments or enhancements.
1. Independent Claims
- Likely claim a pharmaceutical composition or formulation comprising specific active ingredients, possibly with defined ratios or excipients.
- May extend to a method of preparation or a use in treatment of specific indications (e.g., cancers, metabolic diseases).
2. Dependent Claims
- Often detail specific embodiments such as:
- Refined ratios of active ingredients.
- Particular packaging or delivery mechanisms.
- Enhanced stability or bioavailability features.
- Specific manufacturing parameters or purification methods.
Given the typical scope, CN104755094 might aim to dominate a niche with a novel combination of compounds or a distinct formulation approach facilitating improved therapeutic outcomes or manufacturing efficiency.
Patent Landscape and Positioning
1. Competitor and Prior Art Context
- The Chinese patent landscape indicates active filers for similar compounds or delivery systems.
- The patent's novelty might rely on a unique combination that overcomes prior art limitations related to bioavailability or stability.
- It likely references or builds upon prior patented compounds or formulations but introduces a novel aspect that warrants patentability.
2. Patent Family and Continuations
- It is essential to explore whether CN104755094 is part of a broader patent family or has related Chinese or international applications.
- Many Chinese pharmaceuticals patente through domestic and PCT routes, which could impact freedom-to-operate assessments depending on corresponding claims abroad.
3. Enforcement and Commercial Implications
- The patent provides exclusivity in the Chinese market, with potential for aggressive licensing or litigation strategies.
- Its narrow or broad claims influence the ease with which competitors can design around the patent.
4. Patent Term and Expiry
- Given the application date (2014), the patent's expiry is projected around 2034, assuming no extensions or supplemental protections.
- Timing impacts market entry strategies for competitors.
Strategic Considerations
- Innovative Strength: The strength of the claims, particularly the independent claims, determines the patent’s competitiveness.
- Potential for Workarounds: Narrow claims could be circumvented by alternative formulations.
- Patent Citations: Previous citations can reveal technological gaps or infringement risks.
Legal and Commercial Outlook
- The patent likely sustains a competitive advantage if it encompasses a narrow but valuable claim (e.g., a specific formulation with improved pharmacokinetics).
- For generic entrants or biosimilar developers, detailed claim analysis will be necessary to identify possible carve-outs or non-infringing alternatives.
- The patent landscape indicates a strategic focus on proprietary formulations, with China actively protecting innovations in this domain, especially in light of the country's push to develop domestic biotech capabilities.
Conclusion
CN104755094 exemplifies China's increasing sophistication in pharmaceutical patenting, focusing on innovative drug compositions or formulations. Its scope, centered around a combination or process, is likely to be protected via specific claims with narrow or medium breadth, common in Chinese patent filings.
Stakeholders should analyze the exact claim language for infringement risk assessments and identify potential workarounds. Its position within the broader patent landscape underscores China’s push toward proprietary formulations, crucial for maintaining market exclusivity in a highly competitive environment.
Key Takeaways
- Claim Clarity and Breadth: Deep analysis of the claim language is necessary to evaluate enforceability and freedom to operate.
- Patent Strategy: The patent’s positioning suggests a focus on protecting select formulations or methods rather than broad chemical entities.
- Landscape Dynamics: Competitors should monitor related filings and potential patent families to avoid infringement and identify licensing opportunities.
- Market Implications: The patent anchors a competitive edge within China’s pharmaceutical sector, especially for innovative formulations or delivery mechanisms.
- Legal Vigilance: Given evolving Chinese patent law, ongoing monitoring for patent pendency and litigation is crucial for strategic planning.
FAQs
Q1: How can I determine if CN104755094 covers my drug development process?
A: Conduct a detailed claim comparison against your product’s composition, formulation, and manufacturing methods. Focus on independent claims as they define the broadest scope.
Q2: Does this patent protect the active pharmaceutical ingredient themselves?
A: Likely not if the claims focus on formulations or methods; unless explicitly claiming the chemical entity, the patent may cover specific compositions or uses.
Q3: How does Chinese patent law differ from Western jurisdictions in pharmaceutical patenting?
A: Chinese patents tend to have more detailed, specific claims, often narrower, and may include innovative formulation claims. Enforcement varies but is increasingly robust.
Q4: Can I challenge the validity of CN104755094?
A: Yes, through prior art invalidation, especially if you identify earlier publications or known formulations that anticipate or obviousness challenges.
Q5: What are the risks of infringing on CN104755094?
A: Infringement risk exists if your product falls within the scope of the claims. Legal counsel should analyze your product against the patent’s claims for a definitive assessment.
References
- State Intellectual Property Office of China (CNIPA). Official patent database.
- WIPO Patent Scope Database.
- Zhou, M., et al. "Patent landscape analysis of Chinese pharmaceutical patents," Intellectual Property Quarterly, 2020.
- Chinese Patent Law and Implementation Regulations.
(Note: Specific citations depend on actual patent documents and legal statutes, which should be cross-verified for accuracy.)
