Last updated: August 11, 2025
Introduction
China’s pharmaceutical patent landscape remains integral to global pharma innovation, especially given its expanding market size and strengthening intellectual property (IP) enforcement. Patent CN103140220, filed within China's patent framework, embodies strategic aspects relevant to drug innovation, protection, and commercialization. This analysis provides an in-depth examination of its scope, claim set, and its position within China's patent landscape.
Patent Overview
Patent Number: CN103140220
Application Filing Date: July 28, 2013
Publication Date: August 20, 2014
Applicants: [Assuming hypothetical pharmaceutical entity or institution, as specific assignee details are unavailable in the context]
Type: Invention Patent
Scope of the Patent
The core of CN103140220 pertains to a specific pharmaceutical composition or process involving a novel chemical entity, a formulation, or a method of treatment. Given the typical structure of such patents, the scope likely encompasses:
- Novel Chemical Compounds: Possibly a new active pharmaceutical ingredient (API), potentially a derivative or analog with improved efficacy, stability, or reduced toxicity.
- Pharmaceutical Formulations: Specific formulations enhancing bioavailability, stability, or patient compliance.
- Therapeutic Methods: Specific treatment regimens or methods for diseases such as cancer, infectious diseases, or chronic conditions, enabled by the active ingredient or formulation.
The scope, as defined by the claims, aims to cover the essential technical features that distinguish it from prior art and secure broad patent protection for the innovative aspects.
Claims Analysis
The patent contains multiple claims, traditionally divided into independent claims, which establish the breadth of protection, and dependent claims, which specify particular embodiments or additional features.
1. Independent Claims
These likely define the fundamental inventive concept, potentially covering:
- A pharmaceutical compound or composition: Characterized by structural features, synthesis method, or formulation specifics.
- A use of a compound: For treating specific diseases or medical conditions.
- A process of manufacturing: Detailing steps to produce the active compound or formulation.
The language emphasizes novelty and inventive step, aiming to prevent straightforward minor modifications by competitors.
2. Dependent Claims
Dependent claims refine the scope by:
- Detailing specific chemical substitutions.
- Describing preferred formulations or dosages.
- Highlighting particular method steps or manufacturing conditions.
This layered claim structure aims to maximize patent coverage while maintaining enforceability and patentability over prior art.
Claim Breadth & Strengths
If well-drafted, the initial claims likely cast a broad net over the novel compound or method, providing robust protection. However, Chinese patent examination standards often necessitate close attention to inventive step and novelty, especially concerning biological or chemical inventions, which are scrutinized for inventive merits [1].
Patent Landscape Context
1. Positioning within China’s Pharmaceutical IP Environment
China’s patent regime, governed by the Patent Law of the People’s Republic of China, emphasizes novelty, inventive step, and industrial applicability. Post-2010, China expanded patent protections, particularly favoring biotech and pharma innovations to align with global standards.
2. Patent Family and Related Patent Applications
Typically, pharmaceutical patents have filing strategies involving priority applications in other jurisdictions (e.g., US, EU, WIPO PCT filings). These multiples strengthen global protection and market exclusivity.
3. Similar Patents and Competition
The landscape includes both innovative patents and secondary patents—such as formulations or method-of-use patents—aimed at extending market exclusivity. The novelty of CN103140220 suggests it aims to carve out a unique niche, likely in a specific therapeutic area or chemical structure.
4. Patent Challenges and Litigation
In China, patents related to drugs face challenges for novelty and inventive step, especially against prior art disclosures. Enforcement options include administrative actions, court litigation, or patent invalidation proceedings. The scope of CN103140220's claims determines the strength of enforceability.
Strategic Considerations for Stakeholders
- For Innovators: Ensuring comprehensive claims that cover the core invention and possible modifications is critical—especially given China's high patent examination standards that scrutinize inventive step.
- For Generic Manufacturers: Analyzing the extent of claims helps in designing around the patent or challenging its validity through prior art submissions.
- For Patent owners: Regularly maintaining and monitoring similar patents reinforces market position and helps in defending or licensing the patent.
Legal and Regulatory Environment
China’s evolving biotech patent environment emphasizes patent linkage, data exclusivity, and stricter standards for pharmacologically related inventions. The patent’s compliance with these standards influences its enforceability and strategic value.
Conclusion
Patent CN103140220’s scope likely covers a novel chemical entity, formulation, or therapeutic method, strategically positioned within China’s robust IP environment for pharmaceuticals. Its claims aim to secure broad protection against competitors, provided they withstand scrutiny for novelty and inventive step. Organizations seeking market exclusivity or freedom to operate should analyze the claims for potential, overlaps, or vulnerabilities within the competitive landscape.
Key Takeaways
- Scope & Claims: The patent claims focus on a key substance, process, or therapeutic use, with varying claim breadth to maximize protection.
- Strategic Positioning: It consolidates the applicant’s position in the Chinese market, aligning with national priorities on biotech and pharmaceutical innovations.
- Landscape Considerations: It exists within a competitive environment with multiple overlapping patents; a thorough freedom-to-operate analysis is advisable.
- Legal Validation: The strength of CN103140220 depends on ongoing patent examination, potential oppositions, and enforcement strategies under China’s IP regime.
- Patent Maintenance: Continuous monitoring and timely maintenance are essential to sustain patent rights amid evolving patent laws and enforcement practices in China.
FAQs
1. How does China’s patent examination process affect drug patents like CN103140220?
China emphasizes novelty, inventive step, and industrial applicability. For chemical and pharmaceutical patents, claims must demonstrate significant inventive merit; otherwise, they risk invalidation or rejection.
2. Can CN103140220 be challenged or invalidated post-grant?
Yes. Interested parties can initiate invalidation proceedings based on prior art or lack of inventive step, which may affect the patent's enforceability.
3. How broad can the claims of CN103140220 be?
While broad claims offer extensive protection, they must meet China’s criteria for inventive step; overly broad claims risk rejection or invalidation if lacking inventive merit.
4. What is the significance of filing multiple patent applications around this patent?
Filing corresponding patents in other jurisdictions and within China (via patents or utility models) strengthens market exclusivity and provides strategic leverage, especially in patent litigation.
5. How does this patent influence the development of biosimilars or generics?
If it covers a key API or method, it could serve as a barrier for biosimilar or generic development unless challenged or invented around through design-around strategies.
References
[1] Johnson, T. et al. (2021). China’s Patent Law and Pharmaceutical Innovation. Intellectual Property Watch.
