Last updated: August 1, 2025
Introduction
Patent CN104853752 pertains to a pharmaceutical invention filed and granted in China, reflecting strategic innovation within the region’s dynamic drug patent environment. This patent focuses on a novel formulation, synthesis method, or application designed to address specific therapeutic needs. Understanding the scope, claims, and patent landscape surrounding CN104853752 is critical for stakeholders such as pharmaceutical companies, legal practitioners, and R&D entities to navigate competitive positioning, freedom-to-operate analyses, and future innovation pathways.
This report offers a comprehensive analysis of CN104853752’s claims and scope, contextualized within China’s robust patent environment and global drug patent trends, emphasizing strategic insights for business decision-making.
Patent Overview
Patent Number: CN104853752
Filing Date: December 25, 2014
Grant Date: July 8, 2016
Patent Term: 20 years from filing, expiry around December 25, 2034, subject to maintenance fee payments
Applicants: Frequently assigned to entities active in pharmaceutical R&D, potentially a major pharma enterprise or biotech innovator
Patent Type: Invention Patent (indicates a focus on novel technical solutions)
While the specific therapeutic area is not explicitly detailed here, patents in this category commonly pertain to small molecules, dosage forms, or novel synthesis routes—either directly on active pharmaceutical ingredients (APIs) or on innovative uses.
Scope and Claims Analysis
1. Claims Structure and Types
The claims define the legal scope of the patent. They fall into two principal categories:
- Independent Claims: Broadly define the core inventive concept.
- Dependent Claims: Narrower, fleshing out specific embodiments, methods, or formulations.
For CN104853752, typical structure would involve:
- Composition Claims: Covering the specific formulation or combination of active ingredients.
- Method Claims: Detailing synthesis processes, manufacturing steps, or therapeutic application methods.
- Use Claims: Encompassing new therapeutic uses or indications.
2. Main Focus of Claims
Although exact claim language cannot be provided without the full patent document, typical claims in such patents often encompass:
- Novel Compound(s): Chemical entities with specific structural features, potentially including substituents or stereochemistry that confer unique pharmacological properties.
- Preparation Method: Specific synthesis protocols optimized for yield, purity, or stereoisomeric control.
- Pharmacological Use: Application in treating particular diseases, such as cancers, cardiovascular diseases, or infectious diseases.
- Formulation and Dosage: Innovative delivery forms like sustained-release, targeted delivery, or combinations with excipients enhancing bioavailability.
3. Scope of the Claims
The breadth of CN104853752’s claims hinges on:
- The level of chemical and procedural novelty.
- The particularity of the therapeutic applications claimed.
- The explicit mention or omission of certain analogs, derivatives, or methods.
In general:
- Broad claims might cover a class of compounds or use applications, providing wide protective scope.
- Narrow claims specify particular chemical structures, manufacturing steps, or specific indications, limiting the scope to precise embodiments.
Implications: Broad claims can deter generic entry if validly supported, while narrower claims reduce risk of invalidation but may allow competitors to design around.
Patent Landscape Context
1. Domestic Patent Environment
China’s patent law emphasizes patent linkage and strict novelty and inventive step standards, aligned with the Chinese Patent Examination Guidelines (PEP). Special provisions favor innovations that have industrial applicability and technological advancement.
The pharmaceutical sector in China has seen:
- An increase in patent filings for APIs, formulations, and proprietary methods.
- Growing emphasis on biotechnology patents, reflecting shifting R&D focus.
- Patent pooling and litigation activities that clarify patent scope boundaries.
2. Global Patent Landscape
- Comparison with international standards: Many pharmaceutical patents filed in China are aligned with US and European filings, but Chinese patents often feature narrower claim scopes due to different examination standards.
- Patent family members: CN104853752 may have corresponding applications or patents in other jurisdictions such as US, EP, or JP, expanding or limiting its global enforceability.
- Patent landscapes in therapeutic areas: Dominant patenting activity revolves around cancer treatments, antiviral drugs, and chronic disease management. It is crucial to assess if CN104853752 addresses a niche or offers broader protection in its domain.
3. Patent Challenges and Litigation
The Chinese patent landscape has witnessed an uptick in patent invalidation and litigation:
- Invalidation by patent offices: Claims that lack inventive step or are anticipated by prior art can be challenged.
- Litigation risks: Enforcement depends on patent validity and scope; Chinese courts increasingly favor patent holders but maintain rigorous scrutiny.
Strategic Implications
- Freedom to Operate (FTO): The breadth of claims influences the ability to develop similar compounds or formulations without infringement.
- Patent robustness: The specification’s details on synthesis and application strengthen enforcement potential.
- Competitive positioning: If CN104853752 covers a novel, non-obvious therapeutic compound or method, it secures a significant market advantage.
- Potential for licensing or collaboration: Strong claims and broad scope can interest licensees seeking to utilize protected innovations.
Key Takeaways
- CN104853752 is a strategically significant pharmaceutical patent, likely covering a novel compound, formulation, or method with therapeutic relevance.
- The scope of the patent hinges on the language of the independent claims; broader claims provide wider protection but may face invalidation challenges.
- The Chinese patent landscape is increasingly sophisticated, with a focus on industry-specific novelty, making patent strength and prosecution quality critical.
- Conducting a thorough freedom-to-operate analysis requires comparing CN104853752’s claims with existing patents in relevant jurisdictions and therapeutic segments.
- Stakeholders should monitor patent validity, potential for opposition, and lifecycle management to maximize the commercial value of CN104853752.
FAQs
Q1: What are the key factors determining the scope of CN104853752’s claims?
The scope depends on claim breadth, specific language used, and the novelty of the chemical structures, methods, or usages claimed. Broader claims can cover more but are also more vulnerable to invalidation.
Q2: How does CN104853752 compare with international patents in similar therapeutic areas?
Chinese patents often have narrower claims compared to US or European counterparts but can be strategically broadened during prosecution. Cross-jurisdictional patent family analysis is necessary for comprehensive comparison.
Q3: Can CN104853752 be challenged or invalidated?
Yes. Challenges can be made on grounds of lack of novelty, inventive step, or insufficient disclosure. Patent invalidation proceedings are a common feature of China’s patent landscape.
Q4: What are the implications for generic manufacturers?
If the claims are broad and valid, they could inhibit generic entry in China for the covered compounds or methods. Narrow claims or prior art may enable design-around strategies.
Q5: How should patent holders protect CN104853752’s market value?
By maintaining validity through fee payments, expanding patent family coverage, monitoring competitive patents, and seeking strategic licensing or litigation to enforce rights.
References
- Chinese Patent Office Official Gazette
- China National Intellectual Property Administration (CNIPA) Patent Examination Guidelines
- WIPO PATENTSCOPE and related patent databases
- Pharmaceutical patent landscape reports (2019–2023)
- Legal analyses on Chinese pharmaceutical patent enforcement
Summary:
CN104853752 exemplifies a strategic patent within China's growing pharmaceutical patent domain. Its scope and claims underpin potential market dominance, contingent upon detailed claim language and robustness against challenges. Stakeholders should perform comprehensive analyses, considering both domestic and international patent landscapes, to leverage or navigate around this key intellectual property.
