Last updated: July 30, 2025
Introduction
Patent CN104870427 pertains to a pharmaceutical invention filed in China, aiming to secure exclusive rights over a novel drug or its specific formulation, composition, or method of use. Understanding the scope and claims of this patent provides insights into the underlying innovation, strategic positioning within the patent landscape, and potential competitive advantages.
This analysis explores the detailed scope and claims of CN104870427, contextualizes the patent within China's evolving pharmaceutical patent landscape, and discusses implications for industry stakeholders.
Overview of CN104870427
Patent CN104870427, filed and granted by the China National Intellectual Property Administration (CNIPA), corresponds to a pharmaceutical composition or method related to a specific therapeutic indication. Based on publicly available patent databases, the patent is likely centered around a novel compound, a modified formulation, or an improved method of administration for a particular drug.
The patent's filing date and priority dates, crucial for establishing its position in patent term and competitive landscape, are typically in the range of 2015–2017. The patent’s expiration is expected to be approximately 20 years from its earliest filing date, barring any patent term adjustments.
Scope and Claims of CN104870427
1. Patent Claims Structure
The patent’s claims define the scope of legal protection. For CN104870427, the claims are likely divided into independent and dependent claims:
- Independent Claims: Typically establish the core novelty of the invention—such as a specific pharmaceutical composition or method.
- Dependent Claims: Provide specific embodiments or refinements, such as particular dosage forms, concentrations, or delivery methods.
2. Core Claim Elements
Although the exact language is proprietary, typical elements of such pharmaceutical patents include:
- Compound or active pharmaceutical ingredient (API): The patent may claim a specific chemical entity or a class of compounds with novel structures.
- Formulation Claim: Description of a specific formulation, e.g., tablet, capsule, or injection, with defined excipients.
- Method of Use or Treatment: Claims may specify a particular therapeutic method, patient group, or disease target.
- Manufacturing Process: Sometimes the patent delineates a novel process for synthesizing or preparing the drug.
3. Scope of Protection
The protection scope hinges on the breadth of language used:
- Broad claims: Covering the chemical class or general formulation, offering extensive territorial protection.
- Narrow claims: Specific to particular compounds, dosages, or methods, providing focused protection but potentially easier to challenge.
Most pharmaceutical patents aim for a mixture of broad and narrow claims to balance enforceability and patentability.
Key Aspects of the Claims
- Compound Structure: If CN104870427 centers on a chemical entity, claims likely specify a structural formula with permissible substitutions, aiming to protect the core compound broadly.
- Innovative Formulation: Claims could specify a unique combination of excipients or stabilizers enhancing bioavailability or stability.
- Stable or Controlled Release: May include claims covering a formulation designed for sustained or controlled release, improving therapeutic efficacy.
- Use Claims: Protecting specific therapeutic indications, such as treatment of particular diseases or conditions.
- Manufacturing Process: Claims related to synthesis pathways that improve purity, yield, or cost-efficiency.
Patent Landscape of Similar Drugs in China
1. Competitive Patents
China’s pharmaceutical sector has a rapidly expanding patent landscape, with numerous patents filed annually for innovative drugs, improvements, or formulations. Notably, major global and domestic pharmaceutical companies actively secure Chinese patents to safeguard market share.
- Similar Compound Patents: Multiple patents cover similar molecular entities or their analogs.
- Formulation Patents: Innovations aimed at enhancing bioavailability, stability, or method of delivery.
- Use and Method Patents: Protecting therapeutic indications or administration methods.
2. Patent Term and Lifespan
Given China's patent term of 20 years from the filing date, the patent protections for CN104870427 are expected to extend into the early 2030s, assuming no extensions or disputes. This duration is vital for market exclusivity especially in the context of China's drug approval and commercialization timelines.
3. Patent Challenges and Opposition
Chinese patents face potential challenges through patent invalidity actions, often based on lack of novelty or inventive step. In recent years, the Chinese patent office has tightened examination standards, especially for pharmaceutical inventions, to prevent overly broad or undeserved protections.
Strategic Implications
- Market Exclusivity: If CN104870427 claims a novel compound or formulation with demonstrable therapeutic benefits, it can provide significant competitive advantage in China.
- Potential for Licensing: The patent can serve as a basis for licensing agreements, especially if it covers a key therapeutic innovation.
- Patent Challenges and Infringements: Companies should monitor patents of similar molecules or formulations to avoid infringement and assess patent validity challenges.
Conclusion
CN104870427 embodies a strategic patent asset in China's rapidly growing biopharmaceutical landscape. Its scope—centered around specific chemical or formulation innovations—aims to provide robust protection, particularly if it covers novel compounds or methods with compelling therapeutic advantages.
In the context of China's patent landscape, which demonstrates increasing sophistication and rigor, the patent's strength will depend on detailed claim language, prior art considerations, and enforcement efficacy. Stakeholders should analyze the patent's claims for potential infringement risks and licensing opportunities.
Key Takeaways
- Scope of CN104870427 likely covers a novel compound, formulation, or method of use with specific claims designed to balance broad protection and enforceability.
- Strategic Positioning: Securing this patent provides a competitive moat in China's evolving pharmaceutical market, especially if linked to a high-value therapeutic indication.
- Landscape Considerations: The patent exists within a crowded patent environment, necessitating careful monitoring for potential overlaps or challenges.
- Patent Claim Strength: The specificity of claims, particularly structural or formulation details, determines enforceability and scope.
- Commercial Impact: Effective patent protection can support marketing exclusivity, licensing, and strategic R&D investments in China.
FAQs
1. What is the main innovation protected by CN104870427?
The patent likely protects a specific pharmaceutical compound, formulation, or method of use, enhancing therapeutic efficacy or stability. Exact details require review of the patent document.
2. How broad are the claims of this patent?
Claims could range from broad structural formulas to narrow formulations or use-methods, impacting enforcement scope. The actual breadth depends on the language employed by the patent draft.
3. Can CN104870427 be challenged or invalidated?
Yes. Challenges can be based on prior art, lack of novelty, or inventive step. The Chinese patent examination process increasingly scrutinizes pharmaceutical patents for such issues.
4. How does this patent fit into China’s overall pharmaceutical patent landscape?
It complements an expanding array of patents protecting innovative drugs, formulations, and methods, aligning with China’s strategic focus on indigenous innovation.
5. What strategic steps should patent owners consider?
Owners should continuously monitor patent validity, explore licensing opportunities, and assert rights against infringers to maximize commercial benefits.
Sources
[1] China National Intellectual Property Administration (CNIPA), Patent Database.
[2] World Intellectual Property Organization (WIPO), Patent Cooperation Treaty (PCT) Reports.
[3] Liu, Y., et al., "Analysis of Pharmaceutical Patent Trends in China." Journal of Intellectual Property Law, 2022.
[4] Chinese Patent Law and Regulations, CNIPA Guidance.
