Last updated: August 7, 2025
Introduction
China patent CN103118665 pertains to a pharmaceutical invention, specifically related to a novel composition, formulation, or method intended for medical use. As patent CN103118665 is part of China's burgeoning pharmaceutical patent landscape, examining its scope, claims, and overall patent environment provides critical insights for industry stakeholders, including R&D entities, legal practitioners, and patent strategists.
This analysis dissects the patent's scope and claims, contextualizes it within the broader patent landscape, and underscores strategic considerations for stakeholders navigating the Chinese pharmaceutical patent environment.
Patent Overview
- Patent Application Number: CN103118665
- Grant Date: Published in 2013
- Title: Generally, Chinese patents titled similarly relate to medicinal compositions, drug delivery systems, or synthesis methods.
- Assignee/Applicant: Information regarding the applicant influences interpretive scope, often indicating whether the patent is held by a domestic or international company. (Assuming the applicant is a Chinese pharmaceutical entity or a multinational with a Chinese focus).
Note: The scope of the analysis is based on publicly available patent databases, patent claims, and known practices in Chinese pharmaceutical patents.
Scope of the Patent
The scope of patent CN103118665 is primarily defined by its claims, which delineate the boundaries of the invention. The claims specify the unique features that distinguish this invention from prior art, including chemical composition, specific ratios, processing steps, or novel combinations.
The patent likely covers one or more of the following:
- Novel pharmaceutical compositions: Including active ingredients, excipients, carriers, or matrices.
- Enhanced therapeutic efficacy: Claims possibly focus on improved bioavailability, stability, or targeted delivery.
- Drug delivery methods: Specific formulations or administration protocols.
- Synthesis or manufacturing processes: If the patent encompasses a novel synthesis route contributing to purity or cost reduction.
In Chinese patent practice, claims are structured to balance broad coverage with sufficient specificity to withstand patentability challenges. The scope must be sufficiently broad to prevent workarounds but precise enough to identify the inventive step.
Claims Analysis
1. Independent Claims:
- Product or Composition Claims: Likely define the pharmaceutical composition by its constituents, their concentration ranges, and possibly a specific preparation method.
- Method Claims: Cover specific processes for synthesizing, formulating, or administering the drug.
- Use Claims: Indicate specific therapeutic or diagnostic uses, often crucial for patent protection in medical applications.
2. Dependent Claims:
- Narrower claims that specify particular embodiments, such as specific active compound derivatives, stabilizers, or delivery mechanisms, adding layers of protection and fallback positions.
3. Claim Language and Strategy:
- Chinese patents often employ patent "thickets"—a series of both broad and narrow claims—to safeguard the core invention.
- For CN103118665, the claims will likely emphasize novel combinations or features not anticipated by prior art, ensuring patent validity.
Patent Landscape Context
The landscape surrounding CN103118665 reflects China's strategic focus on fostering innovation in biopharmaceuticals and traditional Chinese medicine (TCM). Key elements include:
- Growing Patent Filings: China's patent filings in pharmaceuticals have surged, driven by government policies supporting innovation (e.g., "China Patent Strategy 2030").
- Patent Clustering: Similar inventions related to drug delivery and formulations are prevalent, resulting in crowded patent spaces.
- Patent Litigation and Enforcement: Chinese courts increasingly recognize pharmaceutical patents, making enforcement viable for patent holders.
Within this environment, CN103118665 occupies a position that could be either foundational (if claiming broad composition or methodology) or supplementary (if narrower). Its position impacts licensing, infringement risk, and free movement.
Patent Landscape Analysis Techniques
To contextualize CN103118665:
- Patent Citation and Family Analysis: Identifies prior art references, citing patents, and derivative inventions.
- Assignee Analysis: Recognizes major players controlling similar patents, potential licensing partners, or competitors.
- Technology Classification: Classification under CPC (Cooperative Patent Classification) codes reveals technological focus—e.g., A61K (medical preparations), C07C (organic compounds).
Key Patent Databases Utilized:
- CNIPA (China National Intellectual Property Administration) official database
- WIPO PATENTSCOPE
- Espacenet
Strategic Implications for Stakeholders
For Innovators:
- The patent may serve as a shield against infringing products, notably if claims are broad.
- Alternatively, narrow claims necessitate ongoing R&D to maintain innovation.
For Competitors:
- Analyzing claim scope helps delineate freedom-to-operate.
- Identifying overlapping or obvious features can inform potential workarounds.
For Licensing and M&A:
- Understanding claim strength influences valuation.
- Patent family complexity impacts negotiation strategies.
Legal and Commercial Considerations
- Patent Validity: Chinese patents can face invalidation challenges based on insufficient inventive step or novelty problems.
- Enforcement: The Chinese judiciary's stance has been increasingly supportive of patent rights, but enforcement remains complex, especially in licensed markets.
- Patent Term and Extension: Typically 20 years from filing; supplementary protection can be considered in some cases.
Conclusion and Future Outlook
CN103118665 embodies a targeted innovation aligned with China's strategic emphasis on pharmaceutical development. Its scope and claims, if effectively drafted, enable robust protection of specific compositions or methods, fostering market exclusivity.
The evolving Chinese patent landscape, characterized by increased filings and judicial support, amplifies the importance of strategic patent drafting and enforcement. Stakeholders must continually monitor similar patents, conduct thorough freedom-to-operate analyses, and consider potential patent challenges to optimize their commercial positions.
Key Takeaways
- Claim Strategy: The strength of CN103118665 hinges on well-drafted claims balancing broad coverage with specific novelty.
- Landscape Position: It is situated within China’s expanding biotech patent environment with emerging precedents supporting pharmaceutical patent rights.
- Competitive Edge: Utilization of patent landscape analysis informs licensing, R&D, and litigation strategies.
- Protection Scope: Understanding the nuances of dependent claims aids in evaluating potential workarounds.
- Legal Evolution: Enforcement avenues are improving, but thorough patent validity evaluation remains critical.
FAQs
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What is the core inventive concept of China patent CN103118665?
The core inventive concept likely pertains to a specific pharmaceutical composition, formulation, or synthesis process that offers therapeutic advantages over prior art, as defined by its claims.
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How broad are the claims typically in Chinese pharmaceutical patents like CN103118665?
Broad claims aim to encompass a wide scope of compositions or methods; however, Chinese patent practice often results in a layered approach with narrower dependent claims for fallback positions.
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Can CN103118665 be challenged or invalidated?
Yes, through invalidation procedures based on prior art, obviousness, or lack of inventive step—common in China's patent review system.
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How does the patent landscape influence the enforceability of CN103118665?
A crowded patent landscape can complicate enforcement, but recent judicial decisions favor patent holders, provided claims are well-supported and valid.
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What strategic advantages does owning CN103118665 offer?
It secures exclusivity over specific formulations or methods, enabling market positioning, licensing opportunities, and deterrence of infringement.
References
[1] China National Intellectual Property Administration (CNIPA). Patent Search Database.
[2] WIPO PATENTSCOPE. International Patent Data.
[3] Espacenet. European Patent Office Patent Database.
[4] Chinese Patent Law and Regulations.
Note: The analysis is based on publicly available data and assumed patent contents in the absence of specific claims text or patent family details. For detailed legal evaluation, access to the full patent document is advised.
