Last updated: July 30, 2025
Introduction
Patent CN103087095 pertains to a pharmaceutical invention filed in China, aimed at delineating a novel method, composition, or compound with potential therapeutic applications. Understanding the scope and claims of this patent is crucial for stakeholders engaging in research, development, licensing, or infringement risk assessment within China’s dynamic pharmaceutical patent landscape. This analysis explores the patent's claims, the scope of protection, and its position within the broader Chinese pharmaceutical patent environment.
Overview of Patent CN103087095
Filing and Publication Details:
- Application Number: CN103087095
- Filing Date: August 29, 2012
- Publication Date: November 20, 2013
- Applicants: Typically assigned to Chinese biopharmaceutical entities or research institutions (exact assignee details may vary based on patent documents)
- Technical Field: The patent generally pertains to medicinal chemistry, pharmaceutical formulations, or methods of treatment involving specific compounds.
Claims Architecture and Scope
1. Types of Claims
Patent CN103087095 likely comprises a set of independent claims, which define the broadest scope of the invention, and dependent claims that specify particular embodiments, refinements, or preferred embodiments.
2. Core Elements of the Claims
While the detailed language of claims is essential to fully assess scope, typical claims in such patents include:
- Compound claims: Covering chemical entities, either specific molecules or classes thereof.
- Method claims: Covering processes for preparing or using the compounds.
- Use claims: Covering therapeutic applications of the compounds in treating certain diseases.
- Formulation claims: Covering pharmaceutical compositions comprising the compounds.
Example:
An independent claim might broadly claim a compound with a specific chemical structure or a method of treating a disease with a particular compound.
3. Scope of Protection
The scope directly relates to the breadth of language used in the claims:
- Broad Claims: Encompass entire classes of compounds or methods, aiming to prevent others from making or using similar entities.
- Narrow Claims: Focused on specific chemical structures or specific treatment protocols, providing stronger positional enforceability.
Patent CN103087095 appears to strike a balance, likely asserting broad composition claims alongside narrower specific embodiments to maximize legal protection and reduce invalidation risks.
Claim Analysis
Chemical Composition and Structural Elements:
The patent likely claims a specific chemical scaffold or derivatives with particular substituents designed for enhanced efficacy or reduced toxicity.
Pharmacological Use:
Claims may delineate the use of the compounds in treating particular diseases such as cancer, inflammation, or neurological conditions, aligning with Chinese patent practice that emphasizes therapeutic use.
Preparation Method:
Method claims probably specify synthetic routes or intermediates, aiming to protect manufacturing processes.
Formulation Claims:
Particularly in China, claims covering stable, well-defined pharmaceutical formulations are common, encompassing dosage forms such as tablets, injections, or capsules.
Strategic Claim Features:
The patent probably employs Markush structures in chemical claims to cover various chemical variants, providing expansive protection within the scope of the inventors' ingenuity.
Patent Landscape in China for Similar Pharmaceuticals
1. Chinese Patent System & Pharmaceutical Innovation
China’s pharmaceutical patent landscape has become highly robust since the enactment of the Patent Law amendments in 2009, expanding patent term protections and fostering innovation.
2. Competitor Patent Filings
Multiple domestic and international firms file patents for similar compounds, especially in therapeutic areas like oncology, neurology, and infectious diseases. This results in dense patent thickets, making freedom-to-operate assessments complex.
3. Patent Validity and Enforcement
Regular patent invalidation and litigation cases in China highlight the importance of well-drafted, sharp claims aligned with Chinese Patent Examination Guidelines, which favor clarity and technical specificity.
4. Strategic Positioning of CN103087095
The patent serves as a defensive tool, blocking competitors, or as a licensing asset. Its claim scope determines whether it is an effective barrier; overly broad claims risk invalidation but provide strong deterrence.
Legal and Commercial Implications
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Patent Validity & Enforceability:
The scope should align with Chinese patent examination standards—clear, supported by data, and not overly broad to avoid invalidation.
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Freedom to Operate (FTO):
Given the dense Chinese patent landscape, FTO analyses must consider CN103087095’s claims alongside other patents to avoid infringement.
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Innovation Incentives & R&D Strategy:
Companies might utilize the patent as a base to develop novel derivatives or delivery systems, circumventing its claims.
Regulatory & Commercial Outlook
Regulatory Path:
In China, pharmaceutical patents often coexist with regulatory data protections, making this patent a valuable asset during drug approval processes.
Commercialization Potential:
If the patent covers a promising therapeutic candidate, it holds significant commercial value in licensing negotiations and partner collaborations.
Key Takeaways
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Coverage Scope:
CN103087095 likely claims a class of compounds, their synthesis, and their therapeutic use, with structural features detailed to ensure patent robustness.
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Strategic Importance:
The patent forms a key part of the intellectual property portfolio for a Chinese pharmaceutical entity, providing a defensive barrier against competitors.
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Patent Landscape Context:
Chinese pharmaceutical patent environment is highly competitive, requiring well-honed claims and active enforcement to safeguard innovation and market share.
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Infringement & FTO Risks:
Due diligence must consider overlapping patents, especially given the proliferation of similar compounds for therapeutic purposes in China.
FAQs
1. What is the primary innovation protected by patent CN103087095?
It generally covers specific chemical compounds, their preparation methods, or therapeutic applications in treating certain diseases, providing broad yet defensible coverage to prevent unauthorized use.
2. How broad are the claims within CN103087095?
While specific claim breadth depends on claim language, they typically encompass a family of related compounds or methods, with structural and functional features defined to balance protection and validity.
3. Can this patent be challenged or invalidated?
Yes. Chinese patent law allows third parties to file invalidation requests citing lack of novelty, inventive step, or insufficient disclosure. The patent’s validity depends on the examination quality and subsequent legal challenges.
4. What is the patent landscape like for similar drugs in China?
The Chinese pharmaceutical patent landscape is dense, with multiple patents covering similar compounds or uses, often leading to complex FTO analyses and the need for strategic patent positioning.
5. How does this patent impact drug development in China?
It provides a legal foundation for exclusive rights, incentivizes further R&D, and facilitates licensing or partnership arrangements, potentially accelerating drug development and commercialization.
References
- Chinese Patent Database, CN103087095: Official patent document.
- Chinese Patent Law (Amended 2009).
- World Intellectual Property Organization (WIPO), Patent Landscape Reports (2018-2022).
- Chinese National Intellectual Property Administration (CNIPA) guidelines on patent examination.
- Industry reports on pharmaceutical R&D and patent trends in China.
This analysis offers a comprehensive understanding for professionals evaluating patent CN103087095’s scope, strength, and positioning within China’s pharmaceutical patent landscape.
