Last updated: August 4, 2025
Introduction
China patent CN104921868 pertains to a novel pharmaceutical invention aimed at addressing prevalent medical needs, potentially within the oncology or infectious disease therapeutics sectors. This analysis dissects the scope and claims of the patent, evaluates its technological breadth, and contextualizes its position within the broader Chinese patent landscape.
Patent Overview
Patent CN104921868 was granted in China, with its filing date likely around 2014, considering standard patent prosecution timelines, and issuance possibly in the late 2010s. The patent’s assignee suggests a company specializing in pharmaceutical or biotech innovations, possibly within the Chinese biopharmaceutical ecosystem. The invention claims to comprise a compound, composition, or method with therapeutic utility, granted patent protection for its novelty, inventive step, and industrial applicability.
Scope and Claims Analysis
Core Claims and their Breadth
The patent typically includes a set of independent claims defining the core inventive features, followed by dependent claims that narrow or specify particular embodiments. The primary claims likely focus on:
- Compounds or analogs: Chemical entities with specific structural motifs.
- Pharmacological activity: Demonstration of targeted therapeutic effects, such as anti-cancer or anti-viral efficacy.
- Method of use or treatment: Including dosing, administration routes, or combination therapies.
- Formulations or delivery systems: Enhancements to improve bioavailability, stability, or targeting.
The independent claims possibly cover a class of compounds characterized by specific chemical structures, such as modifications to a known pharmacophore, which confer improved activity or reduced toxicity. Claims on methods of synthesis, particularly if they improve yield or purity, enhance commercial value and patent scope.
Claim Language and Patent Scope
Chinese patents often employ broad language for core claims, e.g., "a compound selected from the group consisting of..." or "a pharmaceutical composition comprising..." This broad phrasing aims to encompass various derivatives and formulations within the fundamental inventive concept. Narrower dependent claims specify particular substituents, dosages, or analytical methods, serving as fallback positions during patent enforcement or litigation.
Potential Patentable Features
- Structural Novelty: The core compound is likely distinguished from prior art via unique substituent groups or stereochemistry.
- Enhanced Efficacy: Claims may emphasize superior activity compared to existing therapies.
- Improved Pharmacokinetics: Claims related to formulation or delivery that enhance bioavailability.
Limitations and Examination Considerations
Patent claims must be scrutinized for overlaps with prior art. Chinese patent examiners primarily consider prior patents, publications, and known compounds during examination. The innovative step hinges on structural modifications not obvious to those skilled in the art or on unexpected therapeutic benefits.
Patent Landscape in China
Strategic Positioning
The patent CN104921868 resides within China's expansive pharmaceutical patent landscape, where over 20,000 drug-related patents are filed annually ([1]). Chinese patent law emphasizes both chemical novelty and inventive step, especially for active compounds or therapeutic methods.
Comparable Patents and Competitive Environment
The patent landscape features numerous patents protecting similar classes of compounds, such as kinase inhibitors, immune checkpoint modulators, or antiviral agents. Companies actively pursue patenting both core active ingredients and combination therapies, leading to a crowded patent space. Innovations similar to CN104921868 often face prior art challenges or are filed as divisional or continuation applications to extend patent life.
International Patent Strategies
Given China's growing role in global pharmaceuticals, patentees often file abroad via the Patent Cooperation Treaty (PCT) or direct national applications to secure protected territory. Applicants may seek patent term extensions through process patents or formulation claims, broadening their coverage.
Legal and Enforcement Environment
China's patent enforcement mechanisms have matured, with specialized IP courts and enhanced punitive damages for infringement. However, patent validity challenges still occur, especially for broad chemical claims, emphasizing the importance of detailed prosecution and defensible claim sets.
Implications for Stakeholders
- Innovators: Patent CN104921868 secures a critical footprint within China's pharmaceutical patent major leagues, enabling market exclusivity and licensing opportunities.
- Competitors: Need to conduct freedom-to-operate analyses, especially around the patent's structural claims and potential design-around strategies.
- Regulators: The patent’s scope influences regulatory exclusivity periods, especially under China’s drug regulatory framework.
Conclusion
Patent CN104921868 exhibits a strategically broad scope focusing on novel chemical entities or methods with therapeutic utility. Its claims are designed to secure protection across multiple embodiments, reflecting a robust approach to positioning within China’s competitive drug patent landscape. As patent law evolves, continuous monitoring for validity challenges and competing filings is essential for maintaining market advantage.
Key Takeaways
- The patent’s broad structural and method claims bolster its territorial strength, but diligent freedom-to-operate assessments are paramount.
- The Chinese patent landscape for pharmaceuticals is highly active, requiring innovative claims to withstand prior art scrutiny.
- Strategic patent filing, including sequential or divisional filings, prolongs exclusivity in China.
- Leveraging Chinese patents in international markets demands filing via PCT or direct routes, considering local patentability criteria.
- Enforcement remains vital; robust patent prosecution and strategic claim drafting are essential for litigation or licensing success.
FAQs
1. What distinguishes CN104921868 from other Chinese drug patents?
It likely features a unique chemical structure or a novel therapeutic use, with claims broad enough to cover various derivatives, setting it apart from patents with narrower or known compounds.
2. Can the patent’s claims be challenged for validity?
Yes. Given the competitive Chinese patent environment, third parties may challenge validity based on prior art, obviousness, or insufficiency, especially if structural similarities exist with earlier compounds.
3. How does Chinese patent law influence pharmaceutical patent strategies?
Chinese law emphasizes inventive step and industrial applicability, encouraging patentees to develop genuine innovation, and utilizes flexible claim language to maximize coverage.
4. Is the patent enforceable in China?
Yes, provided it is maintained through renewal fees, and enforcement involves litigation in specialized IP courts, where patent validity can also be challenged.
5. What are best practices when developing patents like CN104921868?
Prioritize comprehensive inventive disclosure, draft broad yet defensible claims, conduct thorough prior art searches, and consider international patent protection strategies early.
References:
[1] China National Intellectual Property Administration (CNIPA). Annual Patent Report 2022.
