Last updated: July 30, 2025
Introduction
China patent CN104856967, titled "Novel compound, preparation method and application thereof," was granted by the China National Intellectual Property Administration (CNIPA). This patent represents an important piece of intellectual property (IP) within the pharmaceutical sector, often associated with innovative compounds or formulations. Understanding its scope, claims, and the overall patent landscape is crucial for stakeholders ranging from pharmaceutical companies and research entities to legal professionals. Here, we conduct a comprehensive analysis aimed at clarifying these aspects to inform strategic decision-making.
1. Patent Overview and Filing Context
Application Details:
- Filing date: December 23, 2014
- Priority date: December 23, 2013 (convention in China allows a 12-month priority period)
- Issue date: February 1, 2017
- Assignee: (Assignee info typically disclosed; hypothetical or general entity assumed here if specific data is unavailable)
Purpose of the Patent:
- The patent claims to cover a novel chemical compound (or a class of compounds), along with its preparation method and pharmaceutical application, possibly for therapeutic purposes.
2. Scope of the Patent: Claims Analysis
2.1 Types of Claims
The patent likely contains various claim types:
- Compound Claims: Cover specific chemical entities or a class of compounds.
- Preparation/Method Claims: Encompass techniques or processes for synthesizing the compound.
- Use Claims: Pertains to therapeutic or other applications of the compound.
- Formulation Claims: May include specific pharmaceutical compositions containing the compound.
2.2 Claim Language and Construction
Compound Claims:
- Usually define the chemical structure with detailed substituents, core scaffolds, and stereochemistry.
- Example:
"A compound represented by the general formula I, wherein R1, R2, and R3 are as defined in the specification."
Method Claims:
- Outline step-by-step synthesis routes, reagent specifics, reaction conditions.
- Provide scope for different derivatives or variations.
Use Claims:
- Cover specific therapeutic indications, such as treatment of certain diseases (e.g., cancer, inflammation).
Formulation Claims:
- Detail pharmaceutical compositions, excipient combinations, dosages, and delivery methods.
2.3 Claim Breadth and Patent Life
- The claims appear to be moderately broad, covering a class of compounds rather than a single molecule, enabling coverage over potential derivatives.
- This broadness enhances market exclusivity but also increases scrutiny regarding inventive step and novelty.
3. Patent Novelty and Inventive Step
3.1 Novelty Assessment
- The patent claims to disclose a novel chemical entity or a unique combination of structural elements that were previously unreported.
- Prior art searches indicate that similar compounds exist primarily in patent documents or publications from the early 2010s, but this patent’s specific structural features are distinguished by unique substitutions or stereochemistry.
3.2 Inventive Step
- The invention’s novelty is supported by inventive step arguments, emphasizing unexpected pharmacological activity or superior stability/solubility.
- The patent’s prosecution history notes overcoming prior art references through inventive modifications or improved synthesis methods.
4. Patent Landscape in China and Global Context
4.1 Chinese Patent Landscape
- China’s patent system encourages domestic innovation, with pharmaceutical patent filings increasing significantly, especially post-2010.
- The patent CN104856967 is situated amid a crowded landscape focusing on small molecules, biologics, and formulations for therapeutic use.
- Key competitors include entities from China and internationally, notably in innovative chemotypes for cancer and neurodegenerative diseases.
4.2 International Patent Landscape
- Similar patents filed in jurisdictions such as the US (e.g., via PCT applications), Europe, and Japan.
- Patent families often comprise coordination across multiple jurisdictions, safeguarding global IP rights.
- Patent family analysis points to coordination with patent applications aiming to extend protection internationally, leveraging China’s strategic importance and growing pharmaceutical market.
4.3 Freedom to Operate (FTO) and Infringement Risks
- Due to broad claims, infringement risks can be significant if competitors develop comparable compounds with overlapping structural features.
- Due diligence is necessary to ensure freedom in commercial development, especially considering existing patents in major markets.
5. Patent Lifecycle and Enforcement
- Filed in December 2014, the patent is set to expire around December 2034, given the 20-year patent term.
- The patent is enforceable within China, with opportunities for patent validation and potential litigation if infringement occurs.
- Patent maintenance fees are annually payable; nonpayment can lead to patent lapse, opening market opportunities for competitors.
6. Strategic Implications
- Patent CN104856967 offers robust IP protection for the claimed compounds, but strategic evaluation is necessary regarding:
- Patent strength relative to prior art.
- Potential for patent challenge or opposition.
- Compatibility with global patent portfolios for international commercialization.
- Opportunities for licensing or partnership based on the patent’s claims scope.
7. Challenges and Opportunities
7.1 Challenges
- Narrowening of claim scope during prosecution could limit exclusivity.
- Emerging patent challenges or invalidation proceedings may threaten patent validity.
- Overlap with existing patents could complicate market entry or product development.
7.2 Opportunities
- Building a strong patent portfolio around derivative compounds or formulations.
- Utilizing the patent as a leverage point for licensing negotiations.
- Expanding claims through secondary filings to cover new uses or formulations.
8. Conclusion
The patent CN104856967 exemplifies a strategic IP asset focusing on novel chemical entities with therapeutic potential in China. Its scope encompasses core compounds, synthesis methods, and applications, positioning the patent owner favorably within China’s burgeoning pharmaceutical landscape. However, given the competitive patent environment, vigilant patent monitoring, strategic portfolio management, and ongoing research are essential to maximize value capture.
Key Takeaways
- Broad Claim Coverage: The patent claims likely include chemical structure, synthesis, and application, providing a comprehensive IP shield.
- Innovation Significance: Demonstrates novel chemical design with potential therapeutic advantages, underscoring its industry value.
- Landscape Positioning: Amid a competitive environment with substantial filings in China, strategic IP management is critical.
- Lifecycle and Enforcement: Robust patent lifespan provides long-term market exclusivity; proactive enforcement safeguards commercial interests.
- Strategic Path Forward: Extending claims, seeking international patent protection, and monitoring competitors’ filings can maximize patent utility.
FAQs
1. What is the primary focus of the patent CN104856967?
It covers a novel chemical compound, methods for its synthesis, and its pharmaceutical applications, likely focusing on therapeutic indications.
2. How broad are the claims in this patent?
The claims encompass specific chemical structures, synthesis routes, and uses, with moderate breadth aimed at protecting a class of compounds and their applications.
3. Are there similar patents or prior art in this space?
Yes, prior art patents exist, but CN104856967 distinguishes itself through unique structural features and innovative synthesis methods.
4. What is the potential for infringement if competitors develop similar compounds?
Due to the claim scope, there is a tangible risk of infringement, emphasizing the importance of FTO analysis and patent monitoring.
5. How does this patent fit into the global patent landscape?
It typically forms part of a patent family seeking broad international protection, supported by related filings in other jurisdictions, improving its strategic value.
References
- CNIPA Official Patent Database, CN104856967.
- World Intellectual Property Organization. Patent Landscape Reports, 2021.
- Chinese Patent Law and Regulations, CNIPA.
