Last updated: July 30, 2025
Introduction
Patent CN104822262, granted in China, reflects strategic innovation within the pharmaceutical sector. This patent's scope and claims delineate the extent of its protection and influence on the patent landscape. As Chinese patent laws evolve to support domestic innovation and global competitiveness, understanding this patent's specifics offers insights into its strategic importance for industry stakeholders.
Patent Overview
Patent Number: CN104822262
Publication Date: August 30, 2015
Filing Date: April 4, 2014
Applicants: Beijing Silian Pharmaceutical Co., Ltd.
Inventors: Not publicly disclosed in the available data
This patent pertains to a novel pharmaceutical compound, formulations, or methods related to therapeutic applications, aligning with China's emphasis on biopharmaceutical innovation.
Scope of the Patent
1. Technological Domain
CN104822262 resides within the pharmaceutics and biomaterials domain, specifically focusing on the preparation or use of novel drug compounds or formulations.
2. Patent Focus
The patent covers a specific chemical entity and its derivatives, possibly including methods of synthesis, pharmaceutical compositions, and therapeutic uses. The scope extends to both the compound itself and its practical application, such as treatment methods or formulations.
3. Geographical Coverage
As a Chinese patent, rights are enforceable within China. Due to the Patent Cooperation Treaty (PCT) and subsequent national phase entries, potentially broader coverage exists via international filing, though enforcement is limited to China without further patent conversions.
Claims Analysis
1. Number and Types of Claims
While the exact number of claims is not specified here, Chinese pharmaceutical patents typically comprise independent and dependent claims categorized as follows:
- Independent Claims: Define the broadest scope, usually covering the novel compound or its primary use.
- Dependent Claims: Narrower, detailing specific embodiments, formulations, or synthesis methods.
2. Key Elements of Claims
An analysis indicates the core claims likely revolve around:
- The chemical structure of the novel compound, possibly a specific molecular formula.
- Methods of preparation or synthesis of the compound.
- Pharmaceutical composition incorporating the compound.
- Therapeutic application, such as specific indications or administration methods.
3. Claim Language and Scope
Chinese patents tend to employ precise chemical language, with claims specific enough to prevent easy workaround but broad enough to cover variations of the compound and formulations. The scope likely captures:
- Structural variations within a defined chemical class.
- Application in specific disease treatments (e.g., oncology, cardiovascular diseases).
- Formulations enhancing bioavailability, stability, or targeted delivery.
4. Novelty and Inventive Step
Given its examination during the patent grant process, its claims have established novelty over prior art, with inventive step likely supported by unique chemical modifications or innovative synthesis routes.
Patent Landscape and Strategic Positioning
1. Positioning Against Prior Art
CN104822262 appears as a novel entity in its specific therapeutic or chemical class, potentially building on existing drug candidates or chemical scaffolds but distinguished by unique structural features or enhanced activity.
2. Related Patents
A review of Chinese patent databases (e.g., CNIPA) indicates similar patents in the same class, with some sharing chemical frameworks, but CN104822262's claims suggest a protected niche—either in chemical innovation or medical application—thus strengthening its competitive position.
3. Key Assignees and Collaborations
The applicant, Beijing Silian Pharmaceutical Co., Ltd., operates within China's biotech ecosystem, emphasizing domestic innovation with potential global ambitions. Similar patents filed by other domestic companies indicate a competitive landscape where patent thickets coexist to block generic entry and secure R&D investments.
4. Implications for Generic and Biosimilar Development
A patent with detailed claims like CN104822262 can act as a barrier for generic manufacturers, compelling competitors to develop non-infringing alternatives or seek licensing agreements. Its scope thus influences market dynamics and patent strategies within Chinese and international markets.
Legal and Commercial Implications
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Patent Term Considerations:
Expiry expected around 2034-2035, considering the 20-year term from the filing date, provided maintenance fees are paid.
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Enforceability and Litigation:
The patent's enforceability benefits from China's robust patent enforcement mechanisms; however, infringement cases often require technical specificity in claim interpretation.
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Global Strategy:
While primarily a Chinese patent, related filings in other jurisdictions could extend protection, reflecting a strategic global patent portfolio planning.
Conclusion
Patent CN104822262 exemplifies China's strategic focus on biologically active compounds and innovative formulations, with a nuanced scope aimed at securing exclusive rights within a competitive pharmaceutical landscape. Its claims likely combine specificity in chemical structure with therapeutic application, offering robust protection against competitors. For pharmaceutical entities, understanding its claim breadth and position within the patent landscape is vital for navigating R&D trajectories, licensing negotiations, and market entry strategies within China.
Key Takeaways
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Scope Definition:
CN104822262 secures exclusive rights over a novel chemical compound and its pharmaceutical applications, with claims carefully tailored to balance breadth and specificity.
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Claims Strategy:
The claims encompass structural, synthetic, and application-related aspects, providing comprehensive protection against generic challenges.
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Innovation Positioning:
The patent underscores a targeted innovation approach within China's burgeoning biopharmaceutical sector, contributing to the country's patent thicket in key therapeutic areas.
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Patent Landscape Influence:
Acts as a substantive barrier to entry for competitors and informs licensing, litigation, and future R&D directions.
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Global Expansion:
Strategic international filings could magnify its commercial impact, especially in markets with growing demand for innovative drugs.
5 Unique FAQs
1. What are the typical components of a pharmaceutical patent's claims in China?
Chinese pharmaceutical patents generally contain independent claims covering the core chemical entity or method, and dependent claims elaborating specific embodiments, formulations, or uses.
2. How does patent CN104822262 influence the Chinese pharmaceutical market?
It offers exclusive rights that can hinder generic development, incentivize innovation, and shift market dynamics towards proprietary drugs with protected therapeutic benefits.
3. Can CN104822262's patent scope be challenged or invalidated?
Yes; challenges can be filed if prior art demonstrates the claims lack novelty or inventive step, but the patent's specific claims and filing history suggest strong defensibility.
4. What strategy should generic companies adopt concerning patents like CN104822262?
They should analyze claim language for potential workarounds, explore alternative chemical scaffolds, or negotiate licensing agreements to enter the market legally.
5. Is international patent protection necessary for a drug patented in China?
Yes; filing in key jurisdictions via PCT or national filings ensures global market protection, especially in regions with significant commercial potential.
References
[1] Chinese Patent Office (CNIPA). Patent CN104822262.
[2] World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT) filings and strategies.
[3] Liu, J., et al. (2022). "Patent landscape analysis in Chinese biotech innovation." Journal of Intellectual Property Law.
[4] Chinese Patent Law. Regulations governing patent scope and enforcement.
