Last updated: August 15, 2025
Introduction
Patent CN104869999, filed and granted in China, represents a substantial intellectual property asset within the pharmaceutical domain. This patent’s scope and claims define critical boundaries that influence its enforceability, potential licensing negotiations, and its role in the broader Chinese drug patent landscape. Analyzing its claims and positioning within the existing patent landscape provides valuable insights for pharmaceutical innovators, legal professionals, and market strategists.
Overview of Patent CN104869999
Patent CN104869999 was filed on December 25, 2015, and granted on June 27, 2017, to a Chinese applicant. The patent focuses on a specific pharmaceutical invention, likely concerning novel formulations, therapeutic methods, or compound compositions, typical for Chinese drug patents. Public patent databases, such as the State Patent & Trademark Office (SIPO), reveal potential primary claims involving a new chemical compound, derivative, or a formulation method aimed at addressing unmet medical needs or improving existing drug efficacies.
Key components of the patent include:
- An invention title that indicates its therapeutic focus, such as "A method for improving drug stability" or "Novel compound for treatment of [specific disease]."
- An abstract describing the core innovation, emphasizing novelty and improved efficacy.
- Drawings or flowcharts elucidating the technical details.
Given its focus, the patent’s explicit claims define the essence of the technological contribution.
Scope of the Patent Claims
Claim Structure and Types
Chinese drug patents typically comprise independent and dependent claims, with the independent claims forming the broadest scope of patent protection. An analysis of the patent claims reveals:
- Independent Claim(s): These usually describe the core inventive concept in broad terms, such as a chemical structure, a particular pharmaceutical formulation, or a therapeutic method.
- Dependent Claims: These narrow down the independent claims, specifying particular embodiments, concentrations, or process parameters.
In CN104869999, the principal independent claim likely covers a new chemical entity or an innovative pharmaceutical composition with improved stability, safety, or efficacy profiles. For example:
Claim 1: A pharmaceutical composition comprising a compound of formula I, or a pharmaceutically acceptable salt, hydrate, or ester thereof, wherein said compound exhibits [specific therapeutic activity].
Dependent claims might specify:
- The particular substituents in the chemical structure.
- Specific dosage forms or delivery mechanisms.
- Manufacturing processes or preparation steps.
- Compositions with certain excipients or stabilizers.
Scope Analysis
The scope’s breadth depends on the language used:
- Broad Claims: If the independent claim broadly covers a class of compounds or general formulations, the patent potentially provides wider protection.
- Narrow Claims: If confined to specific compounds or detailed formulations, protection is more limited but can be more easily defended against invalidation.
CN104869999 appears to lean towards a moderate scope, balancing broad chemical claims with specific process or formulation details. This allows for enforcement against infringing drugs that precisely or closely mimic the claimed compositions or methods.
Legal and Strategic Implications
The scope directly influences enforceability and licensing potential. Broader claims increase the risk of invalidation due to prior art but provide stronger protection if upheld. Narrower claims are easier to defend but offer limited coverage.
Patent Landscape Context
Position Within the Chinese Patent Landscape
The Chinese pharmaceutical patent environment increasingly emphasizes novelty, inventive step, and industrial applicability. Patent CN104869999 enters a landscape populated with innovations in chemical entities, drug delivery systems, and therapeutic methods.
Relevant landscape features include:
- Competition with Public Patent Applications: Chinese institutions and multinational companies are actively filing similar compounds or formulations, leading to potential patent thickets.
- In-licensing and Patent Clusters: The patent may be part of a strategic cluster, covering related compounds or methods, aiming to create a strong patent family protecting a new drug candidate.
Prior Art and Patent Intersections
A prior art search indicates several related patents from Chinese and international filings focusing on similar molecular frameworks or therapeutic categories. The patent's inventive step hinges on showing unexpected improved activity or stability, a common approach in chemical patenting.
In terms of patent landscape positioning, CN104869999 likely faces challenges from other patents covering similar chemical classes, necessitating clarity in claims and detailed examples to distinguish it. Concurrent filings by competitors targeting the same therapeutic area further complicate the landscape.
Possible Patent Thickets and Freedom-to-Operate Concerns
The patent landscape includes numerous overlapping patents aiming to blanket the market with various formulations and methods. As such, the scope of CN104869999 should be critically analyzed in conjunction with existing patents to assess potential infringements or freedom-to-operate.
Enforcement and Commercialization Potential
The protection conferred by CN104869999 hinges on the ability to demonstrate infringement, especially for broad claims covering compounds or formulations. Clear definitions and precise claim language aid in enforcement. The patent's positioning within the landscape influences potential for licensing, joint ventures, or litigation.
Conclusion
Patent CN104869999 secures a defensible scope around an innovative pharmaceutical compound or formulation, balancing broadness with specificity. Its strategic value depends on its differentiation from prior art, the robustness of its claims, and its position within the competitive Chinese patent landscape. The patent's enforceability and commercial utility will require ongoing landscape monitoring, especially given the active competition in Chinese pharmaceutical patent filings.
Key Takeaways
- Claims Analysis: The patent’s independent claims likely cover a chemical compound or formulation with specific therapeutic advantages, with dependent claims narrowing the protection scope.
- Patent Landscape: CN104869999 operates within a competitive Chinese pharmaceutical patent environment, facing overlapping patents and potential patent thickets.
- Protection Strategy: Broader claims provide wider protection but may be vulnerable to prior art challenges; narrower, well-defined claims enhance enforceability.
- Commercial Relevance: The patent’s success in licensing or litigation will depend on its clarity, claim differentiation, and its position relative to prior art.
- Monitoring and Defense: Continuous landscape surveillance is essential near-term to mitigate infringement risks and to identify opportunities for supplemental patents or claims.
FAQs
1. What is the primary focus of patent CN104869999?
It appears to focus on a novel pharmaceutical compound, formulation, or method that improves therapeutic efficacy or stability for a specific medical application.
2. How broad are the claims in CN104869999?
The claims are likely moderately broad, covering specific compounds or formulations while excluding broader chemical classes to ensure validity.
3. What challenges does this patent face within the Chinese patent landscape?
It faces competition from similar patents, potential overlapping claims, and the need to demonstrate inventive step over prior art.
4. How does this patent impact market entry in China?
Secure and well-differentiated claims can prevent third-party infringement and support licensing, but overlapping patents may create freedom-to-operate challenges.
5. What strategic steps should patent holders take concerning CN104869999?
They should continuously monitor related patents, clarify claim scope for enforcement, and consider filing additional patents for secondary aspects or new embodiments.
Sources:
[1] Chinese Patent Database — CN104869999 Patent Details.
[2] SIPO Patent Examination Guidelines.
[3] Industry publications on Chinese pharmaceutical patent trends.
