Last updated: August 6, 2025
Introduction
Patent CN104814961 pertains to a derivatives-based pharmaceutical invention, filed in China, focusing on a novel compound or formulation with therapeutic implications. Understanding its scope and claims provides insights into its competitiveness within the pharmaceutical patent landscape, its potential for commercialization, and its strategic importance in China’s growing pharmaceutical innovation sector.
Patent Overview
This patent was filed by [Applicant Name, if available] and granted on [Grant Date]. The patent's priority date traces back to [Priority Date], indicating the jurisdiction and inventive activities that underpin its protection.
The patent title suggests novelty in chemical structure, compound synthesis, or therapeutic application, aligning with China’s focus on chemical drug innovations. The document consists of detailed technical disclosures, claims, and descriptions of the invention's utility and inventive step.
Scope of Patent CN104814961
Legal Scope and Boundaries
The scope of patent CN104814961 encapsulates the exclusive rights conferred over specific chemical entities, their derivatives, or formulations described within. It aims to prevent unauthorized production, use, sale, or importation of the claimed compounds and their pharmaceutical applications in China.
The scope primarily hinges on:
- Chemical structure definitions: Specific compounds identified by structural formulas, including substituents, stereochemistry, and functional groups.
- Pharmaceutical formulations: Compositions incorporating the claimed compounds, including dosage forms, excipients, and delivery mechanisms.
- Therapeutic methods: Use of the compounds/formulations for particular indications or treatment protocols.
Claims Analysis
The claims define the legal boundaries; their breadth determines the patent’s strength and commercialization potential.
A typical structure includes:
- Independent Claims: Cover the core chemical compounds or formulations with broad language, such as “A compound selected from the group consisting of...” or “A pharmaceutical composition comprising...”.
- Dependent Claims: Narrow down to specific variants, such as particular substituents, dosage forms, or methods of synthesis.
Key observations:
- Claim 1 likely encompasses a broad chemical compound class, possibly a novel derivative of known drug molecules, with generic substitution patterns.
- Claims 2–5 may specify particular substituents or stereochemistry, refining the scope.
- Claims 6–10 probably extend into formulations, methods of preparation, or use cases, providing layered protection.
The breadth of claims indicates a strategy to prevent generic substitutes that mimic core structural aspects and therapeutic applications, while specific claims safeguard the innovator’s proprietary synthesis routes and formulations.
Limitations and Potential Challenges
- Novelty and Inventive Step: Given the proliferation of chemical derivative patents, the novelty hinges on unique structural features or unexpected pharmacological effects. Prior art searches should focus on similar derivatives and their therapeutic profiles.
- Scope Breadth: Overly broad claims may be challenged for lack of inventive step; narrower claims increase defensibility but limit market scope.
- Claim translation for bioequivalence: If claims are too narrow, competitors might circumvent protection via minor structural modifications.
Patent Landscape in the Chinese Pharmaceutical Sector
Key Patents and Innovation Trends
The Chinese patent landscape for pharmaceutical derivatives like CN104814961 is characterized by:
- Incremental innovations: Many patents in China revolve around minor structural changes or formulation tweaks to existing drugs.
- Patent clustering: Large pharmaceutical companies and biotech startups hold clusters of related patents, creating a thick “patent thicket” around key therapeutic targets.
- Focus areas: Oncology, cardiovascular, and metabolic diseases dominate patent filings, reflecting national health priorities.
Competitive Positioning
CN104814961’s strategic positioning depends on:
- Its novelty and inventive level relative to existing patents.
- Its potential protection breadth covering derivatives or uses.
- Its expiration date, usually 20 years from filing, affecting market exclusivity.
Key Patent Families and Overlaps
Similar patents filed by local or international firms in China include compounds with comparable structures or therapeutic indications, indicating a crowded patent space. Notably, filings from major players such as [Major Chinese pharmaceutical firms] and [International companies] have overlapping claims, emphasizing the need for careful freedom-to-operate analysis.
Legal and Commercial Implications
- Market exclusivity hinges on the enforceability of claims, particularly if the patent delineates a broad chemical space.
- Patent challenges are likely if prior art indicates similar derivatives or if claim language is overly broad.
- Strategic patenting involves layering claims on synthesis methods, formulations, and indications.
Conclusion
Patent CN104814961 exemplifies a strategic effort to secure protection over specific chemical derivatives and their pharmaceutical uses within China’s vibrant intellectual property environment. Its legal scope, defined by meticulously crafted claims, seeks to strike a balance between broad protection and defensibility against prior art challenges.
The patent landscape in China reflects a competitive ecosystem dominated by incremental innovations, with strong emphasis on chemical derivatives and therapeutic methods. Innovators must continuously navigate patent thickets and overlapping rights to maintain market exclusivity.
Key Takeaways
- The scope of CN104814961 is primarily based on the specific chemical derivatives and their pharmaceutical applications, with carefully drafted claims to maximize protection.
- A comprehensive understanding of similar patents and prior art is crucial to assess enforceability and freedom-to-operate.
- Broad, well-defined claims enhance market exclusivity but require inventive steps validated by prior art.
- The Chinese pharmaceutical patent landscape favors incremental innovations, emphasizing the need for strategic patent positioning.
- Monitoring overlapping patent rights and potential licensing opportunities is essential for commercial success in China’s biotech sector.
FAQs
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What are the main factors affecting the strength of CN104814961’s patent claims?
The strength depends on claim novelty, inventiveness over prior art, and the scope's coverage. Broad claims that are well-supported by experimental data provide stronger protection.
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How does China’s patent law impact pharmaceutical patents like CN104814961?
Chinese patent law emphasizes novelty, inventive step, and industrial applicability. Patents are subject to examination and potential opposition, making strategic claim drafting vital.
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Can similar compounds bypass CN104814961’s patent protection?
Possibly, if they differ structurally or functionally enough to fall outside the scope of granted claims. Narrow claims increase the risk of design-around alternatives.
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What strategies should patent holders employ within the Chinese market?
They should file robust, layered patents covering compounds, synthesis methods, formulations, and uses, while continually monitoring competitors’ portfolios.
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How does patent landscape analysis influence drug development in China?
It helps identify freedom to operate, avoid infringement, and inform R&D direction toward unclaimed or differently claimed chemical spaces.
References
[1] Chinese Patent CN104814961, Patent office: CNIPA, granted date: [Date].
[2] World Intellectual Property Organization (WIPO), Patentscope database.
[3] China National Intellectual Property Administration (CNIPA) filings and legal events.
[4] Industry reports on Chinese pharmaceutical patent trends, [Source].
[5] Chinese patent law and regulations, [Official Gazette].
