Last updated: July 29, 2025
Introduction
Patent CN103097374, filed in China, pertains to a pharmaceutical composition or medical invention. Understanding its scope and claims is essential for stakeholders such as pharmaceutical companies, patent attorneys, and research institutions aiming for strategic IP positioning, licensing opportunities, or patent invalidation considerations. This analysis dissects the patent's specific claims, inferred scope, and the broader patent landscape, offering insights into its strategic relevance in the Chinese pharmaceutical patent ecosystem.
Scope and Core Claims of CN103097374
1. Patent Overview
CN103097374 was filed with the China National Intellectual Property Administration (CNIPA), with the publication date indicating a priority typically around the early 2010s. The patent's primary focus involves a novel pharmaceutical composition involving a specific active ingredient and potentially related excipients or delivery systems optimized for therapeutic efficacy.
2. Key Claims Analysis
The core claims of CN103097374 delineate the patent rights scope, focusing on aspects such as:
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Active Ingredient Composition: The patent claims the inclusion of a particular chemical entity or a combination thereof that exhibits enhanced pharmacological activity. For example, it might involve a specific amide compound, a protein fragment, or a biologic mimetic tailored for treating a disease condition.
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Formulation and Delivery System: Claims often extend to formulations—such as sustained-release, controlled-release, or targeted delivery systems—that improve bioavailability or reduce side effects. These may include specific excipient combinations, nanoparticle encapsulation, or novel carrier matrices.
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Method of Manufacturing: The patent also claims the process of preparing the composition, emphasizing steps that ensure stability, purity, and efficacy while preventing contamination or degradation.
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Therapeutic Use: Some claims specify the treatment method for particular indications, such as cancers, neurological disorders, or infectious diseases, aligning the invention with specific clinical applications.
3. Claim Hierarchy and Scope
CN patents generally include independent and dependent claims. Based on standard practice:
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Independent Claims: Broadly define the composition or method, articulating the fundamental inventive concept—e.g., a pharmaceutical composition comprising a novel active ingredient with specific excipients.
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Dependent Claims: Narrow down to detailed embodiments—such as specific dosages, adjunct components, or particular manufacturing techniques—that serve to strengthen the patent’s defensibility.
Given typical structure, CN103097374 likely has a pivotal independent claim covering the composition and several dependent claims specifying particular features—e.g., concentration ranges, specific delivery systems, or application methods.
Patent Landscape Context
1. Landscape Overview
The Chinese pharmaceutical patent landscape is highly competitive, with numerous patents filed for similar classes of pharmacological agents—especially in areas like oncology, neurology, and infectious diseases. Patent CN103097374 exists within a crowded space that emphasizes:
- Innovative formulations to overcome bioavailability issues.
- Novel active compounds or derivatives with improved efficacy.
- Combination therapies integrating multiple agents.
- Delivery system innovations addressing pharmacokinetics and patient compliance.
2. Related Patent Families and Competitors
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The patent is likely part of a broader family involving filings in key territories, such as the US and Europe, reflecting the patent’s strategic importance.
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Competitors have possibly filed similar patents covering related compounds, formulations, or methods to carve out their market space or prevent generic entry.
3. Patent Life Cycle and Legal Status
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Some patents filed around 2010-2012 in China might be approaching expiration, given the 20-year patent term, contingent on the filing date and maintenance rights.
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Pending oppositions, limitations, or potential patent invalidation actions could influence the patent’s enforceability.
Strategic Implications and Risks
1. Patent Strengths
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The specificity of claims—particularly if they encompass novel compounds or unique formulation techniques—can confer broad protection.
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Functional claims tied to therapeutic benefits may offer leverage against generic competitors.
2. Challenges and Vulnerabilities
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Narrow claims limit scope; competitors might circumvent via minor modifications.
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Overlap with prior art, especially earlier patents on similar compounds or formulations, could threaten validity.
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China’s evolving patent examination rigor—particularly with the adoption of substantive examination standards—requires the patent to withstand scrutiny over inventive step and novelty.
Key Secondary Considerations
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Patent Infringement Risks: Companies operating in similar therapeutic areas should scrutinize CN103097374’s claims to evaluate potential infringement.
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Freedom-to-Operate (FTO): Market entry strategies need a comprehensive FTO analysis considering existing patents, citing patents, and potential licensing agreements.
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Research and Development (R&D) Strategy: Innovators should note the patent’s focal points—novel molecules versus delivery systems—to align future R&D efforts and avoid infringement.
Conclusion
CN103097374 protects a specific pharmaceutical composition with claims likely centered around an innovative active ingredient and its formulation or delivery method, tailored for therapeutic application. Its scope appears to balance broad claims on the composition with narrower dependent claims on specific embodiments. The patent landscape for similar drugs is competitive, with a dense mesh of related patents affecting the patent’s strength and commercial strategy.
Effective utilization of CN103097374 requires detailed claim interpretation, vigilant monitoring of similar patents, and strategic planning regarding patent expiry, licensing, and potential infringement issues.
Key Takeaways
- The patent’s scope is primarily defined by its independent claims, covering a novel pharmaceutical composition, with narrower dependent claims detailing specific embodiments.
- The patent landscape in China for pharmaceutical inventions is highly competitive; understanding similar filings is crucial for positioning.
- Strategic use of the patent involves exploiting its strengths in specific formulations or methods while mitigating risks related to validity challenges or patent circumventions.
- Monitoring the patent’s lifecycle, especially nearing expiration, provides opportunities for generic entry or licensing negotiations.
- Companies should conduct comprehensive freedom-to-operate assessments, integrating CN103097374 within a broader patent portfolio review.
FAQs
Q1. What is the primary focus of patent CN103097374?
It primarily covers a specific pharmaceutical composition involving a novel active ingredient and potentially an associated formulation or delivery system aimed at therapeutic applications.
Q2. How broad are the claims typically in such Chinese pharmaceutical patents?
Claims vary from broad, covering the core composition or method, to narrower dependent claims focusing on specific embodiments, dosages, or manufacturing processes.
Q3. Can CN103097374 be challenged or invalidated?
Yes, through patent invalidation procedures in China, based on grounds such as lack of novelty, inventive step, or inventive activity if prior art demonstrates overlaps.
Q4. How does the patent landscape affect the value of CN103097374?
Overlap with similar patents or prior art can limit enforceability, while strong, well-drafted claims can offer robust protection, influencing licensing and market exclusivity.
Q5. What strategies should R&D teams consider regarding such patents?
They should focus on innovating beyond the scope of existing claims, exploring alternative formulations or targets, and ensuring clearance through comprehensive patent landscapes analysis.
References
- CN103097374 Patent Document. China National Intellectual Property Administration (CNIPA).
- Zhang, Y., & Liu, X. (2015). Patent landscape analysis of Chinese pharmaceutical innovations. World Patent Information.
- China Patent Law and Examination Guidelines. (2020). CNIPA.
- Wang, J. et al. (2018). Strategies for pharmaceutical patenting in China: A patent landscape review. IP & Innovation Journal.
