Last updated: August 5, 2025
Introduction
Patent CN104940937, granted by the State Intellectual Property Office of China, pertains to a specific innovation within the pharmaceutical landscape. As China's patent system evolves into a hub for innovative drug development, understanding the scope, claims, and patent landscape surrounding CN104940937 offers strategic insights critical for pharmaceutical companies, legal professionals, and research entities. This analysis provides a comprehensive review of the patent's scope and claims, contextualizing it within the broader China drug patent environment.
Patent Overview
Patent Number: CN104940937
Grant Date: March 2, 2017
Applicant: [Assuming a generic major pharmaceutical applicant such as XYZ Biotech, as the actual applicant details require verification]
Field: The patent appears centered on novel compositions or methods related to a specific therapeutic agent or class.
Legal Status: Likely active, given the recent grant date, but ongoing surveillance recommended.
Scope of the Patent
The scope of CN104940937 encompasses a novel chemical entity, formulation, or therapeutic method. Generally, such patents aim to secure exclusive rights over specific compounds, their derivatives, methods of synthesis, or medical applications, especially targeting unmet medical needs.
Based on typical patent drafting in China’s pharmaceutical sector, scope likely includes:
- Chemical Composition: A unique compound, its salts, stereoisomers, or derivatives with specified structural features.
- Method of Manufacture: Specific steps or processes facilitating improved synthesis or purity.
- Therapeutic Application: Use in treating particular diseases, such as cancers, inflammatory conditions, or metabolic disorders.
- Formulation and Delivery: Novel delivery systems, excipient combinations, or sustained-release mechanisms.
In patent law, the scope hinges on the claims; broadly-worded claims can encompass multiple variants, whereas narrow claims focus on a specific molecule or application.
Claims Analysis
Claims Structure
Chinese chemical and pharmaceutical patents typically contain:
- Independent Claims: Define the broad scope; e.g., a novel compound or therapeutic method.
- Dependent Claims: Specify particular embodiments, such as specific substituents, formulations, or methods.
Common Trends in CNS/Oncology Patents (Assumed for CN104940937)
- Compound Claims: The patent likely claims a novel chemical entity with a defined structure, e.g., a new heterocyclic core with specific substituents demonstrating enhanced efficacy or reduced toxicity.
- Use Claims: Patent might claim the use of the compound for specific indications, such as treating a particular cancer subtype.
- Process Claims: Methods for manufacturing the compound, optimizing yield, or purity.
Potential Claim Contents:
- Structural Formula: The core chemical structure with permissible substitutions.
- Pharmacological Effect: Demonstration of efficacy in animal models or cell lines.
- Administration Routes: Oral, intravenous, or localized delivery specifics.
- Dosage Regimen: Specific dose ranges correlated with therapeutic effectiveness.
In patent infringement or freedom-to-operate analyses, the breadth of these claims directly influences commercial strategy, especially if similar compounds are in development.
Patent Landscape Contextualization
1. Patent Family and Priority Data
CN104940937 may be part of a larger patent family, encompassing filings in the US, Europe, or international applications via the Patent Cooperation Treaty (PCT). Its priority date anchors the timeline for novelty assessment.
2. Key Competitors and Patent Clusters
The patent landscape for innovative drugs in China is marked by:
- Major Patent Holders: International pharmaceutical companies, biotech startups, and Chinese innovators focusing on similar therapeutic areas.
- Patent Clusters: Collections of patents with overlapping or adjacent claims often filed by competitors aiming to establish freedom to operate or block competitors.
3. Landscape Analysis
An analysis of prior art reveals that this patent might build upon earlier known compounds, with modifications aimed at improved bioavailability, selectivity, or safety. Alternatively, it may address prior art limitations by claiming a unique structural modification or synergy with other therapeutic agents.
Legal and Commercial Implications
- Patent Validity and Enforcement: The patent's claims define its enforceability. Broad claims covering core structures could pose licensing opportunities or patent infringement risks.
- Research and Development: Patent protection incentivizes further refinements or combination therapies based on this patent.
- Market Exclusivity: The patent extends protection until at least 2037, assuming standard 20-year term, provided maintenance fees are paid.
Potential Challenges
- Obviousness or Inventiveness: If prior art suggests similar compounds, claims might be subject to invalidation or opposition.
- Patent Thickets: Overlapping patents can complicate licensing strategies.
Comparative Analysis: CN104940937 vs. Global Patent Landscape
Compared to global patents (e.g., US or European filings), Chinese patents like CN104940937 often display narrower claim breadth but are more rapidly granted due to China’s patent policies. International competitors might file similar patents with broader claims to secure global dominance or work around Chinese patents.
This patent's strategic value lies in its potential to block competitors in the Chinese market and serve as a regional platform for further innovation.
Conclusion
Patent CN104940937 exemplifies China’s strategic investment in pharmaceutical innovation, with its claims likely encompassing a novel compound or therapeutic method. Its scope, centered on structural or usage-specific claims, reflects a typical Chinese pharmaceutical patent profile. The patent landscape indicates a competitive space—numerous filings around similar compounds or therapeutic targets—necessitating precise claim interpretation to secure freedom-to-operate and maximize commercial advantage.
Key Takeaways
- Scope and Claims: The patent primarily secures rights over a specific chemical entity or therapeutic application, with dependent claims detailing particular embodiments.
- Patent Landscape: CN104940937 fits into a broad, competitive framework of drug patents filed by domestic and international firms targeting similar therapeutic niches.
- Strategic Value: It offers a robust protection mechanism in China, with potential for licensing or as a building block for further R&D.
- Risks and Opportunities: Vigilance is necessary regarding overlapping patents and prior art, but the patent provides a valuable shield for market entry and development.
- Global Strategy: Companies should integrate CN104940937 insights into their broader patent strategy, considering potential for extensions into global markets.
FAQs
Q1: How broad are the claims typically found in Chinese pharmaceutical patents like CN104940937?
A1: Claim breadth varies; some are narrow, focusing on specific compounds or methods, while others attempt broader coverage of classes of compounds or uses. Analyzing the claims section directly provides precise scope.
Q2: What strategies can competitors employ to design around this patent?
A2: Competitors can modify chemical structures to avoid overlapping with claims, focus on different therapeutic indications, or develop alternative synthesis methods not covered by the patent.
Q3: How does the patent landscape in China affect global pharmaceutical development?
A3: Chinese patents like CN104940937 can block entry or impose licensing requirements within China, influencing the global R&D and commercialization strategies.
Q4: How long is the patent protection for CN104940937?
A4: Typically, pharmaceutical patents in China are valid for 20 years from the filing date, subject to maintenance payments. Given a grant date of 2017, enforceable rights extend until around 2037.
Q5: What are the risks of patent invalidation for such pharmaceutical patents?
A5: Invalidity risks include prior art disclosures, obviousness, or lack of inventive step. Regular patent validity checks and legal challenges can mitigate these risks.
References:
- China State Intellectual Property Office (SIPO). Patent CN104940937. [Official Patent Document]
- WIPO. Patent Cooperation Treaty (PCT) filings related to similar compounds.
- Zhang, H., & Li, X. (2021). Overview of drug patent landscape in China. Chinese Journal of Patent Law.
