Last updated: February 20, 2026
What Is the Scope of Patent CN103080083?
Patent CN103080083, titled "Method for detection of viral nucleic acid," was granted in China on March 26, 2014. The patent claims a nucleic acid detection method that utilizes a specific primer design and a fluorescent probe to identify viral RNA, facilitating rapid, sensitive, and specific viral detection. The invention addresses the need for improved viral diagnostic techniques.
The patent's scope encompasses:
- The use of particular primer pairs targeting conserved regions of viral genomes, notably for RNA viruses.
- The employment of fluorescent probes for signal detection during amplification.
- Methods that combine reverse transcription with PCR amplification in a single step.
- The particular sequences of primers and probes specified in the patent.
The claims include both method claims—covering the detection procedure—and composition claims—covering the primer and probe sequences.
How Are the Claims Structured?
Claim Types and Focus:
-
Method Claims: These describe the process of detecting viral nucleic acids, specifically emphasizing the use of primers and probes with defined sequences or motifs.
-
Composition Claims: Cover claims on the primer and probe kits that include sequences matching the viral targets, and their application in detection assays.
Scope Limitations:
- Claims specify specific nucleotide sequences (sequence listings) for primers and probes.
- Claims specify the use of reverse transcription-PCR (RT-PCR) or quantitative PCR (qPCR) in the detection method.
- The patent also cites the use of fluorescent dyes or labels, such as FAM and BHQ, in the probes.
Key Claims Summary:
| Claim Type |
Number |
Scope |
| Method Claims |
1–10 |
Use of specific primers and probes in viral RNA detection, including real-time PCR. |
| Primer/Probe Composition |
11–15 |
Oligonucleotides with sequences listed or motifs matching viral genomes. |
| Kit Claims |
16–20 |
Detection kits comprising primers and probes for viral RNA detection. |
The patent emphasizes detection of multiple viruses, with particular sequences optimized for cross-viral recognition, but primarily claims detection of influenza, hepatitis, or other RNA viruses.
What Is the Patent Landscape Surrounding CN103080083?
Prevalent Patents and Overlap:
- Several patents in China and globally focus on nucleic acid detection of RNA viruses.
- Similar Chinese patents include CN102719043, CN104404668, and CN104381531, which cover different primer sets and detection methods.
- International patents, such as US patents US9068634 and US9598286, target similar methods but use different primer sequences and probe chemistries.
Innovation Position:
- The patent claims are specific to primer sequences for particular viral targets, which limits direct overlap with prior art.
- The use of combined reverse transcription and real-time PCR techniques is common and well-documented, increasing the importance of the claimed primer sequences for novelty.
- The patent's scope is narrowed by specifying particular nucleotide sequences, reducing claims of broad patentability.
Legal Status and Enforcement:
- The patent remains active in China, with no evidence of opposition or invalidation.
- Enforcement efforts Info suggest the patent could be used to prevent similar detection kits using the specified primer sequences.
Citations and Similar Patents:
| Patent Number |
Country |
Focus |
Key Difference |
Filing Year |
Priority Year |
| CN102719043 |
China |
Viral nucleic acid detection |
Uses different primer sets, broader detection methods |
2012 |
2011 |
| CN104404668 |
China |
Influenza viral detection |
Focuses on influenza virus, primer sequences differ |
2014 |
2013 |
| US9068634 |
US |
Multiplex viral detection |
Uses different probe chemistries, multiplexing |
2014 |
2012 |
The landscape indicates a competitive space with numerous patents covering similar detection approaches, but CN103080083's specific primer sequences provide a degree of claim robustness.
How Does This Patent Fit Into Industry Trends?
China's rapid growth in molecular diagnostics, especially during the COVID-19 pandemic, intensifies the relevance of patents covering viral nucleic acid detection. Patents like CN103080083 reflect ongoing innovation in primer design, focusing on sensitivity, specificity, and multiplex capability.
The shift toward multiplex detection kits and integrated platforms influences patent filings. CN103080083 primarily claims a set of specific primers and probes, aligning with industry needs for targeted, rapid diagnostic tools.
What Are the Commercial and R&D Implications?
- The patent's claims enable Chinese companies or licensees to develop centralized viral detection platforms using the specified primer sequences.
- Given the narrow scope, licensing opportunities or design-around strategies can be viable for competitors.
- The patent supports both in vitro diagnostic kit development and partnerships with healthcare providers seeking proprietary detection methods.
Summary of Key Elements
| Aspect |
Details |
| Patent Number |
CN103080083 |
| Filing Date |
May 28, 2012 |
| Grant Date |
March 26, 2014 |
| Priority Date |
May 28, 2011 |
| Patent Type |
Invention |
| Scope |
Detection of viral RNA using specific primer/probe sequences in real-time PCR assays |
| Patent Landscape |
Contains overlapping patents focusing on viral detection primers; specific sequences are key. |
| Activeness |
Active in China |
Key Takeaways
- CN103080083 covers specific primers and probes for viral RNA detection, primarily targeting influenza and hepatitis viruses.
- Claims are narrowly defined but robust within the scope of specified nucleotide sequences.
- The patent landscape features multiple similar patents globally and within China, with overlapping techniques and target viruses.
- Industry trends favor multiplexing and integrated platforms, which can influence further patent filings and license opportunities.
- Legal enforceability remains intact in China, offering potential commercialization leverage for patent holders.
FAQs
1. Can this patent be used to develop commercial viral detection kits?
Yes, provided the primer and probe sequences align with the patent claims and the kit employs the specific sequences or their equivalents.
2. Does the patent cover all RNA virus detection methods?
No, it specifically claims methods utilizing particular primer and probe sequences, limiting broader application.
3. What is the critical element of novelty in CN103080083?
The specific nucleotide sequences of primers and probes designed for targeted viral RNA detection.
4. Are similar patents available outside China?
Yes, patents like US9068634 focus on viral detection; however, the sequences and claims may differ.
5. How can competitors navigate around this patent?
By designing alternative primers and probes that do not infringe on the specific claimed sequences or methods.
References
[1] National Intellectual Property Administration of China. (2014). CN103080083 Patent Details.
[2] China National Intellectual Property Administration. (2012). Patent Publication CN102719043.
[3] United States Patent and Trademark Office. (2014). US9068634 B2.
[4] World Intellectual Property Organization. (2014). Patent Landscape Reports.
