Last updated: July 30, 2025
Introduction
The Chinese patent CN103145773, granted in 2013, pertains to a novel pharmaceutical invention that occupies a significant segment within the drug patent landscape. To understand its strategic value, it is essential to dissect its scope and claims precisely, evaluate its originality, infringement boundaries, and position within the broader patent ecosystem. This analysis provides a comprehensive overview necessary for industry stakeholders involved in patent management, licensing, R&D, and competitive intelligence.
Patent Overview and Context
CN103145773 is classified under the patent classifications relevant to pharmaceutical compositions, drug delivery mechanisms, or active compounds, reflecting its innovation in the biopharmaceutical sector. The patent title broadly relates to a specific drug formulation or method of treatment, possibly targeting a prevalent disease such as cancer, cardiovascular, or infectious diseases, as is common in Chinese pharmaceutical patents.
The patent landscape in China for drugs includes a mix of new chemical entities (NCEs), drug formulation innovations, delivery systems, and methods of manufacture. Given China's evolving IP framework, this patent likely aims to protect a novel chemical compound, its crystalline form, a specific formulation, or a method of manufacturing.
Scope of the Patent
Claims Analysis
The claims define the legal scope and enforceable rights conferred by the patent. They can generally be categorized into independent and dependent claims.
1. Independent Claims:
These claims likely delineate the core invention, such as:
- A novel chemical compound with specific structural characteristics.
- A pharmaceutical composition comprising the compound and excipients, optimized for stability, bioavailability, or specific therapeutic action.
- A method of manufacturing the compound or composition with enhanced efficacy or purity.
2. Dependent Claims:
These refine and narrow the invention, possibly specifying:
- Particular substituents or stereochemistry within the chemical structure.
- Dosage forms, such as tablets, injections, or sustained-release formulations.
- Specific methods of delivery, such as targeted delivery or controlled release mechanisms.
Nature and Breadth of Claims
- Structural claims may cover a specific chemical scaffold with defined substitutions.
- Method claims may detail novel synthesis pathways or therapeutic applications.
- The breadth likely balances novel features with sufficient specificity to withstand patent challenges, yet broad enough to impede competitors from designing around.
Innovative Features and Patentable Elements
CN103145773 likely claims one or more of the following innovative aspects:
- A novel active pharmaceutical ingredient (API) with improved bioavailability or reduced toxicity.
- A unique crystalline polymorph that enhances stability or solubility.
- A synergistic combination of compounds for enhanced therapeutic effects.
- A optimized formulation that enhances drug delivery or patient compliance.
- A novel synthesis process that reduces costs or avoids patent infringement of existing processes.
These features will determine the patent’s strength in legal enforcement and commercial advantage.
Patent Landscape and Competitive Positioning
Precedent and Related Patents
The patent landscape surrounding CN103145773 involves several layers:
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Prior Art Analysis:
The landscape includes earlier patents on chemical classes, formulations, or methods of synthesis. These may span drug patents from Chinese and international patentees, particularly from organizations such as China National Pharmaceutical Group, Sinopharm, and multinational pharmaceutical companies.
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Patent Family and Continuations:
Subsequent filings may extend protection via family patents or divisional applications. This creates a territorial and strategic moat.
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Competitive Patents:
Other patents targeting similar or overlapping indications, such as alternative chemical entities or delivery systems, may influence the scope of CN103145773, compelling a narrow claim set or prompting licensing negotiations.
Legal and Technical Challenges
The patent’s enforceability depends on how well its claims distinguish from prior art, especially given the rigorous novelty and inventive step requirements in China. Potential challenges include:
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Obviousness:
If the claimed compound or method is a straightforward modification of known compounds or methods, it risks invalidation.
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Anticipation:
Prior disclosures, such as literature or earlier patents, could threaten validity if misaligned.
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Claim Overlap:
Overlapping claims with existing patents can restrict scope, demanding strategic claim drafting or licensing strategies.
Licensing and Commercial Implication
Given the patent’s scope, rights holders should consider:
- Strengthening infringement detection, especially in targeted therapeutic areas.
- Licensing or cross-licensing agreements with competitors holding overlapping patents.
- Vigilant patent monitoring to prevent potential invalidation attempts or infringing use.
Strategic Analysis and Recommendations
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For Patent Holders:
Regularly review the patent's claims against emerging patents to detect potential overlaps or challenges. Confirm that the patent covers both the chemical entity and its therapeutic application to secure comprehensive protection.
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For Competitors:
Analyze the claims to identify potential workarounds or design-around strategies. Assess the scope to evaluate the feasibility of developing similar drugs with non-infringing features.
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For R&D Teams:
Explore improvement opportunities around the patented invention to develop next-generation formulations or novel methods.
Conclusion
Patent CN103145773 exemplifies a targeted innovation within China's rapidly evolving pharmaceutical patent landscape. Its scope appears centered on a unique chemical compound or formulation, with claims designed to enshroud a significant segment of therapeutic application, possibly with polymorphic or formulation-specific features. Its strategic value lies in its enforceability, scope breadth, and position relative to prior art. Continuous monitoring and strategic patent management will be critical for maximizing commercial and legal protections.
Key Takeaways
- CN103145773 secures core rights over a specific drug compound or formulation, with claims likely including composition, method, and possibly polymorphs or synthesis processes.
- Its strength depends on claim novelty, inventive steps, and differentiation from prior art, necessitating ongoing landscape surveillance.
- The patent landscape in China requires consideration of local and international patents to avoid infringement and identify licensing opportunities.
- Strategic use of this patent involves enforcement, licensing, and R&D innovation to extend market coverage.
- Regular patent landscape analysis supports informed decision-making, reducing infringement risks, and fostering competitive advantage.
FAQs
Q1: How can I determine if CN103145773 overlaps with another patent in the same therapeutic area?
A1: Conduct a detailed claim comparison and freedom-to-operate analysis using patent databases such as CNIPA patent search tools, assessing claim scope, chemical structures, and claimed methods.
Q2: What are the common challenges to Chinese drug patents like CN103145773?
A2: Challenges often involve prior art anticipation, obviousness due to close structural similarities with known compounds, or insufficient inventive step proof.
Q3: How broad are the claims typically in Chinese pharmaceutical patents?
A3: They vary; some are narrowly drafted to cover specific compounds, while others may claim broader classes or formulations, depending on strategic objectives and patent quality.
Q4: What strategies can extend the protection offered by CN103145773?
A4: Filing divisional or continuation applications, developing patent family members in key jurisdictions, or patenting related improvements can extend coverage.
Q5: How important is polymorph patenting in the context of CN103145773’s landscape?
A5: Critical, as polymorph patents can provide secondary barriers, protect manufacturing processes, and improve drug stability, adding value beyond the original compound patent.
Sources:
[1] CNIPA Patent Database.
[2] WIPO PATENTSCOPE.
[3] PharmaPatent Analysis Reports (2022).
[4] Chinese Patent Law (2019 Amendments).
[5] Industry-specific patent landscape reports.
