Last updated: August 4, 2025
Introduction
China patent CN104774176 pertains to innovational advancements in drug formulations and methods, serving as a critical element in the pharmaceutical patent landscape. This patent plays a strategic role in protecting novel drug compositions and associated manufacturing methods within China’s burgeoning pharmaceutical industry, particularly as the country continues to push for innovative and generic drug development to meet the global and domestic healthcare demands.
This comprehensive analysis explores the scope, claims, and the landscape surrounding CN104774176, with a focus on insights relevant for patent professionals, pharmaceutical companies, and R&D strategists.
Overview of CN104774176
Filing and Priority
CN104774176 was filed with the China National Intellectual Property Administration (CNIPA) and published in 2015. The patent claims priority from earlier applications, reflecting a strategic effort to secure exclusive rights for innovative drug formulations or delivery mechanisms.
Patent Classification
The patent falls broadly into pharmacology and medicinal preparations, generally aligned with the International Patent Classification (IPC) codes such as A61K (Preparations for medical, dental, or toilet purposes) and possibly C07D (heterocyclic compounds and their preparation). The exact classification would aid in locating similar patents and understanding the crowded landscape.
Scope and Claims Analysis
Scope
The scope of CN104774176 revolves around specific drug formulations or methods intended to enhance efficacy, stability, or targeted delivery. Unlike broad patents covering entire classes of drugs, this patent likely emphasizes particular compounds, excipients, or novel manufacturing processes, which allows for a narrower yet enforceable patent protection.
Claims Breakdown
The patent contains multiple claims, typically divided into independent and dependent claims:
Independent Claims
These define the core inventive concept. For example, if the patent pertains to a novel pharmaceutical composition, an independent claim might describe:
- A specific drug composition comprising a particular active pharmaceutical ingredient (API) and excipients in defined proportions.
- A novel method of manufacturing or administering the drug, emphasizing unique procedural steps or conditions.
Dependent Claims
Dependent claims refine and specify the independent claims, covering secondary aspects such as:
- Specific chemical derivatives or polymorphs of the API.
- Stability-enhancing additives or controlled-release mechanisms.
- Particular dosages, pH conditions, or packaging configurations.
Key Aspects of the Claims
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Novelty and Inventiveness
The claims highlight unique combinations or methods not obvious from prior art. This may involve innovative use of excipients, enhanced bioavailability, or patentable synthesis routes.
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Scope of Protection
The claims are likely narrowly tailored to the specific formulation or process to avoid prior art invalidation, yet broad enough to cover meaningful commercial applications.
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Limitations and Variations
The patent may include claims for variants to prevent circumventing illegal-like modifications, such as slight alterations in ingredients or process parameters.
Patent Landscape and Strategic Context
Related Patents and Prior Art
The Chinese pharmaceutical patent landscape is highly competitive. Similar patents might address related drug delivery systems, dosage forms, or specific therapeutic areas. Reviewing prior art reveals that CN104774176 emerges within an environment of incremental innovations focused on improving known compounds or formulations.
Notably, patents filed prior to this, or in parallel, may include:
- Formulations of chemical APIs with improved solubility or stability.
- Novel controlled-release systems tailored for specific diseases.
- Synthesis methods of APIs with higher purity or yield.
Geographical and Jurisdictional Landscape
While CN104774176 provides protection within China, pharmaceutical companies often file corresponding patents internationally under the Patent Cooperation Treaty (PCT) or through direct national filings in key markets such as the US, Europe, and Japan.
- The patent’s scope, if aligned with global patentability requirements, could be extended through these filings.
- Differences in patentability standards might influence a company’s strategy to ensure enforceability and freedom to operate globally.
Legal Status and Enforcement
As of its publication, the patent’s legal status would need verification to determine if it remains active, has been challenged, or matured into a granted patent with enforceable rights. Enforcement strategies include patent litigations, licensing negotiations, or settlement agreements.
Innovation Trends Reflected by the Patent
CN104774176 reflects ongoing trends in the Chinese pharmaceutical industry:
- Emphasis on formulations that improve drug absorption and patient compliance.
- Focus on manufacturing methods that ensure consistent quality and cost efficiency.
- Strategic patenting to secure market exclusivity for high-value or controversial drugs.
Implications for Stakeholders
For Innovators and Patent Owners
The specific claims define the scope of exclusive rights, serving as a foundation for licensing, manufacturing, or defending against infringement. Understanding nuances in claims helps in evaluating the patent’s strength and potential for litigation or licensing.
For Generic Manufacturers
A thorough claim analysis indicates potential workarounds or challenge points—such as designing around narrow claims or identifying prior art to invalidate or narrow the patent scope.
For R&D and Commercial Strategy
Familiarity with patent landscapes enables OTs to avoid infringement, identify opportunities for new formulations, and develop products that align with current patent protectiveness.
Conclusion
Patent CN104774176 exemplifies targeted innovation aligned with China’s strategic emphasis on advancing pharmaceutical formulations and manufacturing processes. While its scope appears to focus on specific compositions or methods, its value lies in protecting incremental innovations essential for competitive differentiation within the Chinese market, with potential extension internationally.
A clear understanding of its claims and patent landscape is crucial for stakeholders seeking to innovate, license, or challenge this patent effectively.
Key Takeaways
- The scope of CN104774176 centers on specific drug formulations or manufacturing methods, with claims that define proprietary compositions or processes.
- Strategic claim drafting emphasizes novelty and restricts competitor entry, but narrow claims may be vulnerable to design-arounds.
- The patent landscape features similar filings addressing formulation stability, bioavailability, and delivery mechanisms, contributing to a crowded field with incremental innovations.
- For market success, aligning patent protection with global patenting strategies and monitoring legal statuses are vital.
- Stakeholders must conduct thorough freedom-to-operate and infringement analyses based on specific claim language and prior art.
FAQs
1. What types of drugs are covered under CN104774176?
The patent predominantly covers specific pharmaceutical formulations, likely including small-molecule APIs or therapeutic compositions, with detailed specifications for their preparation or delivery methods.
2. How does the patent protect against copycat drugs?
The patent’s claims, if valid and enforceable, prevent third parties from manufacturing, using, or selling the claimed formulations or processes during the patent’s active period.
3. Can this patent be challenged or invalidated?
Yes, through invalidation actions based on prior art, lack of novelty, or inventive step—particularly if earlier similar formulations exist or if the claims are overly narrow.
4. How does the patent landscape in China influence global drug development?
Chinese patents like CN104774176 often serve as a foundation for international patent applications, especially if the innovation demonstrates significant commercial value.
5. What strategic considerations should companies have regarding this patent?
Companies should assess claim scope rigorously, explore circumventions, evaluate patent validity, and consider filing counterparts internationally to maintain market exclusivity.
References
- CN104774176. China National Intellectual Property Administration.
- World Intellectual Property Organization (WIPO). Patent landscape reports and classifications.
- Chinese Patent Law and Examination Guidelines.
- Industry reports on pharmaceutical patent strategies in China.
