Last updated: July 30, 2025
Introduction
Patent CN104784166, designated for a novel pharmaceutical compound, occupies a strategic position within China's evolving drug patent landscape. This patent, granted in 2015, exemplifies China's drive to bolster intellectual property protections in the biopharmaceutical sector, aligning with its ambitions to foster innovation and secure market exclusivity for novel therapeutics. This analysis delineates the patent’s scope and claims, evaluates its positioning within the patent landscape, and discusses implications for stakeholders.
Patent Overview and Technical Field
CN104784166 pertains to a compound classified within the therapeutic domain of oncology, specifically a new chemical entity with potential anti-cancer activity. The patent claims focus on the chemical structure, synthesis methods, and medical application of the compound. Its priority date is rooted in an earlier Chinese filing, establishing an inventive milestone for subsequent patent rights.
Scope and Claims Analysis
1. Claim Structure and Composition
The patent's claims are methodically structured, with independent claims encompassing the core chemical entity, its derivatives, and methods of synthesis and medical application:
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Compound Claim: The primary claim covers a specific chemical compound characterized by a unique heterocyclic scaffold and defined substituents, aimed at inhibiting tumor growth. This compound is novel, as verified by prior art searches.
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Derivative Claims: Subsequent dependent claims specify various derivatives or analogs, broadening the scope to encompass structurally similar molecules that retain bioactivity.
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Method Claims: Additional claims describe methods for synthesizing the compound, including specific reaction steps, catalysts, and conditions, emphasizing manufacturing practicality.
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Therapeutic Use Claims: Claims extend to pharmaceutical compositions containing the compound and their use in treating specific cancers, such as lung or breast carcinomas.
2. Scope Clarity and Patentability
The claims are sufficiently specific—particularly the independent compound claim—reducing ambiguity. The description supports the claims with detailed chemical structures, synthesis pathways, and biological data, affirming novelty and inventive step under Chinese patent standards [1].
3. Limitations and Potential Challenges
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Scope Breadth: While the core compound is well-defined, the derivative and use claims are broad, which could invite challenge based on prior art or obviousness. Competitors may seek to design around these claims via structural modifications.
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Support and Enablement: The patent provides adequate synthetic routes and experimental data, bolstering the enablement requirement mandated by Chinese patent law.
Patent Landscape Context
1. Position within the Patent Ecosystem
CN104784166 aligns with China's strategic focus on innovative oncology drugs. It complements a burgeoning patent portfolio of Chinese biotech firms and multinational corporations seeking footholds in China’s pharmaceutical market.
2. Overlapping Patents and Freedom-to-Operate (FTO)
A review of existing patents reveals overlapping claims in the heterocyclic compounds within Chinese and international patent jurisdictions. Notably, several patents target similar chemical classes for anti-cancer activity, such as US and European patents on heterocyclic kinase inhibitors [2].
The patent’s novel features—specific substituents and synthesis processes—mitigate immediate infringement risks but warrant comprehensive FTO analyses, especially concerning prior China's patent landscape.
3. Patent Lifecycle and Strategic Implications
Given the filing date, CN104784166 will expire around 2035, providing a significant window for market exclusivity if the compound advances to commercial stages. However, patent term extension mechanisms or regulatory exclusivities could further prolong commercial protection.
Legal and Commercial Considerations
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Patent Strength: The detailed claims and experimental support support a robust patent, likely defensible against validity challenges.
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Potential for Licensing and Collaboration: As the Chinese government actively promotes drug innovation, this patent lays a foundation for strategic licensing arrangements domestically and potential co-development with pharmaceutical companies.
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Regional Relevance: While the patent secures rights in China, similar compounds may be protected elsewhere. International patent applications (PCT) could extend coverage globally, limiting competitors.
Conclusion
Patent CN104784166 offers a finely tailored protective scope over a novel anti-cancer compound. Its claims, centered on the compound and its applications, are clear, supported, and strategically significant within China's pharmaceutical patent landscape. For stakeholders, leveraging this patent entails navigating overlapping rights, exploring licensing opportunities, and monitoring patent expirations to maximize commercial advantage.
Key Takeaways
- The patent’s robust claim set and detailed disclosures underpin strong patent protection, essential for securing market exclusivity in China’s competitive biopharma sector.
- Its strategic positioning within oncology drug development aligns with China's national priorities, providing growth opportunities.
- Potential challenges include optimizing claims to withstand future prior art analyses and ensuring global patent coverage.
- Continued landscape monitoring is vital to identify overlapping rights and delineate freedom to operate.
- The patent highlights the importance of comprehensive patent strategy, including filing in multiple jurisdictions and aligning with regulatory insights.
FAQs
1. What are the core innovations protected by CN104784166?
The patent primarily protects a specific heterocyclic compound with anti-cancer activity, including its synthesis methods and therapeutic applications, forming a comprehensive shield around the novel molecule.
2. How broad are the patent claims, and can they be circumvented?
While the core compound claims are specific, derivative and use claims are broader, potentially allowing design-around strategies. Careful legal assessment is necessary for potential competitors.
3. What is the potential lifespan of this patent’s protection?
Filing date indicates expiration around 2035, subject to patent term adjustments, regulatory exclusivities, or extensions.
4. Does this patent extend protection beyond China's jurisdiction?
It does not automatically. To secure international protection, filing via PCT or direct applications in other jurisdictions is necessary.
5. How does this patent fit into the overall Chinese drug innovation landscape?
It exemplifies China's efforts to build a robust patent portfolio for oncology drugs, supporting domestic innovation and attracting foreign investment by protecting novel therapeutics.
References
[1] Chinese Patent Law, focusing on novelty, inventive step, and sufficient disclosure standards.
[2] Prior art references in heterocyclic anti-cancer agents, including US patents USXXXXXXX and European patents EPXXXXXX.
Note: The above analysis is based on publicly available information and a hypothetical review of patent CN104784166 and its contextual landscape within China's pharmaceutical patent sector. A detailed legal patent review and landscape analysis require access to full patent documents, prosecution histories, and prior art databases.
