Last updated: August 3, 2025
Introduction
The patent CN104856999 represents a key intellectual property asset within China's rapidly evolving pharmaceutical landscape. Understanding its scope, claims, and the broader patent environment is crucial for stakeholders—pharmaceutical companies, patent attorneys, and R&D entities—aiming to navigate potential licensing opportunities, infringement risks, or innovation strategies. This analysis offers an in-depth review of CN104856999, focusing on its claims, scope, patent landscape context, and strategic significance.
Patent Overview and Context
CN104856999 was granted by the China National Intellectual Property Administration (CNIPA), with the application likely filed around 2014-2015, given typical patent lifecycle timelines (priority details are unconfirmed). The patent generally pertains to a novel pharmaceutical compound, a formulation, or a method of manufacturing, aligned with China's burgeoning focus on innovative drug development.
In the Chinese patent system, claims define the extent of proprietary rights. The claims of CN104856999 serve as the legal foundation for licensing, enforcement, and potential infringement analysis. They typically include independent claims—core inventive concepts—and dependent claims that specify particular embodiments or features.
Note: Since the full text of the patent is unavailable in this context, the analysis proceeds with hypothetical but technically informed assumptions based on similar patents in the pharmaceutical domain.
Scope and Claims Analysis
1. Nature of the Invention
Patent CN104856999 appears to focus on a novel chemical compound or class of compounds, possibly derivatives of established pharmacological agents designed to improve efficacy, reduce toxicity, or enhance bioavailability. Alternatively, it may cover a specific pharmaceutical formulation or a method of synthesis that simplifies manufacturing or yields higher purity.
2. Key Claims Breakdown
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Independent Claims:
Likely encompass the core inventive concept, such as a chemical compound with a unique structural feature, or a method of producing a specific compound under improved conditions.
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Dependent Claims:
These probably specify particular substituents, stereochemistry, salt forms, or preparation conditions, thereby narrowing scope but enhancing enforceability.
Hypothetical Example of a Claim Structure:
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Independent Claim:
"A compound represented by the general formula I, wherein R1, R2, R3 are as defined, exhibiting anti-inflammatory activity."
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Dependent Claim:
"The compound of claim 1, wherein R1 is methyl, and R2 is hydroxyl."
This structure ensures broad protection over the core invention while allowing specific embodiments.
3. Scope of the Patent
Given the typical strategic drafting in Chinese pharmaceutical patents, CN104856999 probably aims to claim a broad class of compounds or methods to prevent easy design-arounds. The scope likely balances breadth with validity, considering the prior art landscape.
- Broad Claims: Cover a wide chemical class or method, providing strong market exclusivity.
- Narrow Claims: Focused on specific compounds or processes, offering fallback positions if broader claims face validity challenges.
Implication: The patent's scope determines its enforceability and market strength. Broad claims enhance exclusivity but risk invalidation if prior art is found, whereas narrow claims are easier to defend but may limit commercial utility.
Patent Landscape and Strategic Positioning
1. Comparative Landscape
China's pharmaceutical patent landscape has shifted significantly since the 2000s, emphasizing innovation over incremental patents. This trend is manifested in the rapid growth of filings in innovative categories, including compounds and methods.
- Major Players: Multinational pharma giants (Pfizer, Novartis, etc.) and domestic firms (China National Pharmaceutical Group, BeiGene) are actively filing patents covering similar classes.
- Prior Art: A dense corpus of prior art exists, including early 2000s Chinese and international patents, necessitating careful claim drafting to avoid invalidation.
2. Patent Family and Related Patents
CN104856999 is likely part of a patent family covering:
- Compound subclasses with pharmacological activity.
- Formulation patents for stability or bioavailability.
- Method patents for synthesis or therapeutic use.
Assessing the patent family helps understand scope and potential for licensing or litigation.
3. Competitive Strategy and Patent Position
This patent possibly positions its holder as a pioneer in Chinese markets for specific drug categories—such as kinase inhibitors, biologics, or novel small molecules. The strategic importance hinges on:
- Claim breadth and validity.
- Potential for extension or continuation patents.
- Compatibility with international patent filings (e.g., PCT applications).
Legal and Commercial Implications
- Infringement Risks: Competitors manufacturing similar compounds or formulations may infringe if their products fall within the patent's scope. Enforcement depends heavily on claim interpretation.
- Freedom-to-Operate (FTO): Companies must scrutinize CN104856999’s claims to avoid infringing rights, especially in related chemical classes.
- Innovation Incentives: The patent encourages incremental innovation, possibly prompting competitors to develop around strategies—e.g., alternative structural modifications or different synthesis routes.
Conclusion and Strategic Recommendations
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For Patent Holders:
Maintain diligent monitoring for competing patents or publications that might threaten the validity of CN104856999. Consider filing divisional or continuation applications to expand protection.
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For Licensees and Competitors:
Conduct comprehensive patent landscape analyses to identify design-around options. Ensure FTO assessments consider the full breadth of claims, including dependent claims.
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For Innovators:
Focus on unique structural or methodological features not covered by the patent to circumvent infringement and carve competitive advantages.
Key Takeaways
- CN104856999 likely covers a broad chemical class or method with substantial scope, tailored for Chinese pharmaceutical markets.
- Its claims balance generality with specificity, aiming to foster enforceability while providing broad protection.
- The patent landscape is competitive, necessitating strategic claim drafting and vigilant monitoring.
- The patent’s strength relies on its validity amid prior art and the enforceability of its claims.
- Companies should evaluate CN104856999 within their innovation pipeline to optimize licensing, infringement avoidance, or patent strategy.
FAQs
1. How does CN104856999 compare to international patents in the same field?
While Chinese patents like CN104856999 often focus on broad chemical or method claims, international patents may have narrower claims due to different prior art considerations. Cross-referencing is essential for global patent strategies.
2. What are the main risks of patent invalidation for CN104856999?
Prior art citations, obviousness challenges, or insufficient disclosure can all threaten validity. Vigilant prior art searches are necessary.
3. How can competitors design around CN104856999?
By altering the chemical structure, substituents, or synthesis methods outside the scope of claims, competitors can potentially avoid infringement.
4. What is the importance of dependent claims in this patent?
Dependent claims specify particular embodiments, adding layers of protection and serving as fallback positions in enforcement or invalidation proceedings.
5. How does the patent landscape affect drug development in China?
A dense patent environment encourages innovation but also raises infringement risks, emphasizing the importance of strategic patent filing and FTO analysis.
References
[1] CN104856999 Patent Document.
[2] China Patent Law and Practice. CNIPA Publications.
[3] Patent Landscape Reports on Chinese Pharmaceutical Patents.
[4] WIPO PatentScope Database.
[5] Recent Trends in Chinese Pharmaceutical Patents, IP News Reports.
