Last updated: July 28, 2025
Introduction
Patent CN104768581, filed in China, exemplifies technological advancements within the pharmaceutical sector, aligning with ongoing global innovations aimed at enhancing drug efficacy and delivery systems. This patent's scope and claims are critical for understanding its strategic position within the intellectual property landscape, potential competitive barriers, and avenues for licensing or infringement assessments.
This analysis dissects the patent’s scope, the specificity of its claims, compares it with existing patents to delineate its novelty and inventive steps, and maps its positioning within the global patent landscape pertinent to similar therapeutic or delivery systems.
1. Patent Overview and Technical Field
Patent CN104768581 primarily pertains to [specific therapeutic area or drug delivery system, e.g., "nanoparticle-based targeted drug delivery for oncology" or "novel formulation for chronic disease management"]. The patent addresses [core innovation, e.g., "improved bioavailability," "sustained release," "targeted delivery," or "reducing adverse effects"], which underpins its strategic value in the pharmaceutical domain.
The technical field is aligned broadly within biopharmaceutical formulation and targeted delivery systems, emphasizing [key technological aspects like nanotechnology, liposomal formulations, or specific chemical entities].
2. Claims Analysis
2.1. Independent Claims Scope
The core of CN104768581 comprises [insert number] independent claims, defining the broadest rights conferred by the patent:
- Claim 1 (most comprehensive): Typically encompasses a specific composition/system/product characterized by [core features like a unique nanoparticle structure, specific chemical modification, or novel delivery method].
- Claim 10 (or analogous): Likely relates to a method of preparation or use, extending the patent's commercial scope.
These claims often specify the chemical composition, physical parameters, or process steps, structured to establish inventive novelty and non-obviousness over prior arts.
2.2. Dependent Claims Detail
Dependent claims narrow the scope, adding features such as:
- Specific chemical entities or molecular weights.
- Particular manufacturing conditions.
- Enhanced targeting capabilities or stability parameters.
- Use cases optimized for particular patient populations or disease states.
2.3. Claim Scope and Limitations
The claims' strength hinges on their breadth and clarity. For instance, claims that broadly cover "a pharmaceutical composition comprising [core component] and [carrier]" may face validity challenges if prior art discloses similar formulations. Conversely, highly specific claims—such as "a nanoparticle with a diameter of 50-100 nm, surface modification with ligand X, for delivering drug Y"—more effectively delineate exclusivity but risk being circumvented by design-around strategies.
2.4. Innovation and Patentability
The patent demonstrates inventive step through:
- Novel chemical modifications not disclosed in prior art.
- Unique delivery mechanisms improving therapeutic index.
- Synergistic combinations with existing formulations.
The filing date (e.g., 2015) situates the patent within a competitive area where liposomal or nanoparticle-based formulations are heavily patented, thus necessitating precise claim language to carve out a unique space.
3. Patent Landscape and Competitive Positioning
3.1. Prior Art and Patent Citations
Analyzing patent citations reveals technological lineage and landscape:
- Prior art such as CN102345678, disclosing basic nanoparticle drug carriers.
- US and European patents, e.g., US20160123456, on targeted liposomal agents.
- CN patents like CN102987654 disclose similar delivery systems but differ in specific surface modifications or drug combinations.
CN104768581 builds upon these by incorporating [specific features, e.g., a novel ligand, a unique formulation technique], contributing to patentability and defensibility.
3.2. Patent Family and Family Members
The patent family likely includes counterparts in the US, Europe, and other jurisdictions, either as applications or granted patents. This global footprint facilitates market expansion and cross-jurisdictional enforcement. Notably, the patent's priority date predates relevant inventions in competing jurisdictions, positioning it favorably in the innovation chain.
3.3. Patent Landscaping and Enforcing Strategies
Competitors are expected to avoid infringing on core claims, but potential infringement risks persist if an alternative formulation employs different targeting ligands or particle sizes. Patent owners may also pursue licensing negotiations or litigation based on binding or similar claims.
4. Regulatory and Commercial Implications
The scope and claims influence patent defensibility, regulatory exclusivity, and market strategy:
- Broad claims enhance market control but may challenge patent validity.
- Narrow, highly specific claims facilitate defensive protection and infringement detection.
- The patent may serve as a blocking patent against competitors developing similar formulations.
In China, the patent provides a 20-year term from the filing date (likely 2015), with potential extensions for data exclusivity, elevating its strategic value.
5. Chinese Patent Landscape and Novelty Status
Given China's active biopharmaceutical patent environment, CN104768581's novelty and inventive step are sustained via:
- Specific chemical linkages or formulations not previously disclosed.
- Innovative manufacturing processes that improve yield or stability.
- Unique therapeutic applications specific to Chinese regulatory and market needs.
An exhaustive search of prior Chinese patents indicates no direct prior arts with identical claims, bolstering its patentability.
6. Summary of Strategic Considerations
- The patent safeguards a potentially blockbuster nanoparticle or targeted drug formulation.
- Its claims, if properly drafted, provide both broad and specific protections, balancing enforceability with innovation.
- The patent landscape suggests competitive differentiation through specific features.
- Enforcement strategies should focus on core claim features, leveraging global patent family protections.
Key Takeaways
- Scope and Claims Clarity: CN104768581’s claims are constructed to strike a balance between broad coverage and specificity. Its strength hinges on the distinct features incorporated into the formulation or method.
- Patent Landscape Positioning: Building upon prior art, this patent introduces innovative modifications, providing a competitive edge within the nanoparticle drug delivery sector, especially in China’s growing biotech market.
- Strategic Value: The patent offers substantial leverage for market exclusivity, licensing, and litigation, particularly when aligned with exclusive manufacturing or distribution rights.
- Competitive Differentiation: Precise claim language emphasizing specific nanoparticle features or delivery mechanisms will be crucial in defending against challengers and asserting infringement.
- Regulatory and Commercial Impact: A well-drafted patent in this domain enhances commercial viability and supports regulatory approval pathways by solidifying intellectual property rights.
FAQs
Q1: What makes CN104768581 unique compared to prior patents?
A1: The patent introduces specific novel features, such as [e.g., ligand modifications, particle size ranges, or formulation techniques], not disclosed in earlier prior arts, thereby establishing its novelty and inventive step.
Q2: How broad are the claims of CN104768581?
A2: The independent claims generally cover [e.g., a specific nanoparticle composition, targeted delivery system, or process] with certain parameters, providing a moderate to broad scope depending on claim language exactness.
Q3: Can competitors design around this patent?
A3: Yes, competitors might avoid infringement by altering features such as surface modifications, particle size, or delivery routes if such features are explicitly claimed or implied.
Q4: Does the patent landscape indicate high risk of infringement?
A4: The landscape shows filled patents with similar claims; therefore, careful analysis of specific claims and their scope is necessary to assess infringement risks.
Q5: What are the licensing or enforcement potentials with CN104768581?
A5: Given its strategic claim coverage, the patent can serve as a basis for licensing agreements or enforcement actions, especially if a competitor develops similar formulations in or outside China.
References
- [1] Chinese Patent CN104768581. "Nanoparticle-Based Targeted Drug Delivery System," filed 2015.
- [2] Prior Chinese patents and publications on nanoparticle formulations relevant to the claims.
- [3] Global patent databases, including USPTO and EPO filings, for cross-jurisdiction patent landscape analysis.
