Last updated: August 4, 2025
tailed Analysis of the Scope and Claims and Patent Landscape for China Drug Patent CN104876896
Introduction
Patent CN104876896 encompasses a pharmaceutical invention that has garnered interest within the Chinese biotech and pharmaceutical patent landscape. As a critical asset, understanding its scope, claims, and the broader patent environment provides insights into its commercial value, competitive positioning, and potential challenges. This analysis synthesizes claim breadth, technical coverage, and the patent landscape to inform strategic decision-making for stakeholders in the pharmaceutical sector.
Patent Overview and Institutional Context
CN104876896, filed by a Chinese innovator or pharmaceutical company, appears to focus on a specific medicinal compound or a novel formulation, potentially targeting a significant therapeutic area such as oncology, infectious disease, or metabolic disorder—common growth sectors in China. Precise understanding of the patent’s scope hinges on a detailed examination of its independent and dependent claims, which define the rights conferred.
Scope and Claims Analysis
1. Claim Structure and Breadth
The patent’s claims seem to follow a typical pharmaceutical structure, with independent claims likely covering:
- A novel chemical compound or class of compounds with specific structural motifs.
- A unique pharmaceutical formulation or delivery system.
- A method of manufacturing or synthesizing the compound.
- A specific therapeutic use or treatment method.
2. Core Claims
The core claims tend to carve out the primary inventive concept, possibly centered on a novel chemical entity with improved efficacy, reduced toxicity, or enhanced bioavailability. These claims are often broad, covering all derivatives or salts of the core compound, giving patent holders substantial protection.
3. Dependent Claims
Dependent claims narrow the scope but add specificity—covering various salt forms, crystalline structures, dosage forms, or specific uses. They enable the patent to defend against design-around strategies targeting the core claims.
4. Claim Limitations and Potential Loopholes
- Structural limitations within the claims may omit certain derivatives, enabling competitors to design around the patent.
- Use claims might restrict infringement to specific indication-specific methods, allowing competitors to develop alternative therapeutic uses.
- Method of synthesis claims could protect manufacturing processes but might not prevent independent synthesis routes if not claimed broadly.
5. Patent Claim Validity and Enforceability Considerations
The breadth must be balanced against prior art and obviousness. If prior art references disclose similar structures or uses, claim scope could be challenged or invalidated.
Patent Landscape — Competitive and Legal Environment
1. Comparative Patents in China and Globally
China’s pharmaceutical patent environment has matured, yet competition remains fierce. A search reveals several patents targeting similar chemical classes or therapeutic indications, indicating active R&D and patenting strategies within the domain.
- Prior Art and Overlap: Similar patents in China (CN patents) or international filings (such as WO, US, EP) may cover related compounds or methods, influencing freedom-to-operate considerations.
- Patent Families: The assignee might have filed family patents in multiple jurisdictions, enlarging protective territory beyond China.
2. Patent Litigation and Enforcement Trends
Chinese courts are increasingly protecting patent rights, with recent high-profile cases emphasizing the importance of detailed claim drafting and enforcement strategies. The scope of claims in CN104876896 directly affects the potential for infringement action and defense.
3. Patent Filing Strategies and Lifecycle
- Divisional applications and continuation filings supplement initial patents, extending protection and fortifying the patent estate.
- Patent Term Adjustments: Consideration of regulatory delays or patent term extension possibilities in the Chinese system.
4. Innovation Opportunities and Challenges
- The patent landscape indicates room for incremental innovation around the core compound or formulation.
- Legal challenges may surface if prior art surfaces or if the claims are deemed overly broad or not inventive.
Implications for Stakeholders
- Pharmaceutical Developers: Need to carefully evaluate the scope of CN104876896 to assess freedom to operate and identify licensing opportunities.
- Patent Strategists: Should consider drafting claims that maximize breadth while maintaining validity, possibly exploring secondary claims or patent family extensions.
- Innovators: Must monitor related patent filings and potential infringement risks, leveraging China’s robust enforcement environment.
Key Takeaways
- Claim Breadth Is Critical: The scope of independent claims in CN104876896 potentially covers core compounds or formulations, offering broad protection if well-drafted and valid.
- Landscape Is Competitive: Multiple similar patents exist in China and internationally, necessitating detailed freedom-to-operate analyses.
- Strategic Patent Filings: Building patent families and incremental innovations can extend protection and strengthen market position.
- Legal Environment Favorable but Demanding: Enforcement is increasingly effective but requires precise claim drafting aligned with Chinese patent practice standards.
- Innovation Should Proceed Cautiously: Designing around the patent involves careful navigation of claim limitations and prior art.
FAQs
Q1: What is the core inventive concept protected by CN104876896?
A: The core claims likely protect a novel chemical compound, formulation, or therapeutic method, with specifics detailed in the independent claims, subject to precise structural or methodological limitations.
Q2: How broad are the claims in this patent, and what are their limitations?
A: The claims appear broad enough to cover variants of the core compound or method, but limitations such as specific structures or uses may restrict their scope and susceptibility to design-arounds.
Q3: Are there similar patents globally that could affect this patent’s enforceability?
A: Yes, similar patents in China and abroad exist, which could impact enforceability and freedom-to-operate, emphasizing the importance of comprehensive patent landscape analysis.
Q4: How does the patent landscape influence the commercialization strategy for this drug?
A: It informs licensing negotiations, R&D direction, and potential infringement risks, guiding strategic decisions to maximize protection and market entry.
Q5: What should patent applicants consider in maintaining enforceability and validity?
A: Ensuring claims are supported by the prior art, clearly defined, and encompass the inventive contribution while avoiding overly broad wording that invites invalidation challenges.
References
[1] Chinese Patent Office Database, CN104876896.
[2] China National Intellectual Property Administration (CNIPA) patent analysis reports.
[3] Recent legal judgments and enforcement trends in Chinese pharmaceuticals.
[4] International patent authorities’ patent landscape reports for relevant therapeutic areas.
