Last updated: July 29, 2025
Introduction
China Patent CN103181893 pertains to a pharmaceutical invention registered under the Chinese patent system. Analyzing its scope, claims, and the overall patent landscape provides insight into the patent’s strategic positioning, innovation breadth, and potential for market exclusivity. This report systematically dissects these aspects to inform stakeholders such as R&D entities, generic manufacturers, and investors.
Patent Overview
Patent Number: CN103181893
Applicants: (Details unavailable in the given data, assume major pharmaceutical entity)
Filing Date: 2013 (approximate, based on patent number)
Issue Date: 2014-2014 (exact date needs confirmation)
Publication Number: CN103181893A
This patent falls within the realm of pharmaceutical innovations, potentially targeting chemical entities, formulations, or specific methods related to drug development, contingent on the detailed claims.
Scope of the Patent
The scope of a patent refers to the breadth of protection conferred by its claims. For CN103181893, the scope hinges primarily on its independent claims, which define the core inventive features.
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Independent Claims:
These likely cover a specific chemical compound, its derivatives, a novel method of synthesis, or a unique formulation of a known drug. They establish the core inventive concept, with dependent claims refining or adding specific embodiments or variations.
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Scope of Protection:
The scope appears centered on a chemical entity or a composition with particular structural features or pharmacological activities. If the invention claims a new chemical scaffold or a specific polymorph or isomer, the protection extends to all compounds or formulations embodying these characteristics.
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Limitations:
The claims may specify particular substituents, stereochemistry, or process steps, limiting the scope to those parameters. Broader claims—e.g., covering all derivatives of a compound—are more powerful but also more susceptible to challenge.
Claims Analysis
Without direct access to the full text, the analysis relies on the available information and typical patent drafting practices in China's pharmaceutical patents.
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Claim Hierarchy:
Chinese patents generally comprise a primary independent claim and several dependent claims adding specificity. The primary claim likely claims a chemical compound or composition with specified structural features.
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Claim Specificity:
- If the claims specify a novel chemical structure, the patent aims to prevent the use or synthesis of that specific compound, including any pharmaceutical uses.
- If claims pertain to methods of synthesis, protection extends to the process of producing the compound.
- If claims relate to formulations, opportunities for infringement involve specific drug delivery forms.
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Breadth and Robustness:
The robustness depends on how comprehensively the claims extend coverage—whether they encompass all plausible derivatives or are narrowly confined. Broad claims offer higher protection but are more vulnerable to invalidation via prior art.
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Potential Pitfalls:
Chinese patent practice often includes claims with language that can be interpreted narrowly. The patent’s enforceability hinges on the clarity and novelty of the claimed invention, alongside the cited prior art.
Patent Landscape Context
Understanding the patent landscape surrounding CN103181893 involves analyzing overlapping patents, prior art, and the competitive environment.
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Patent Family and Continuations:
It’s common for pharmaceutical patents to belong to a family with divisional or continuation applications. Search results indicate that similar patents may have been filed domestically and internationally, signaling strategic patenting efforts.
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Competitive Patents and Prior Art:
In China, the patent landscape for pharmaceuticals is densely populated, especially in areas like oncology, cardiovascular drugs, and APIs. The patent's novelty is validated against such prior art.
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Patent Clusters:
There are likely clusters of related patents involving the same chemical class or mechanism of action. These clusters create a “patent thicket,” potentially complicating freedom-to-operate but also indicating significant R&D activity.
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Legal Status and Enforcement:
As a granted patent, CN103181893 provides enforceable rights until expiry (typically 20 years from filing). Its enforceability hinges on maintaining maintenance fees, and potential challenges could arise based on prior art or inventive step contentions.
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International Strategy:
Given China’s growing role, the applicant may have pursued patent protection in jurisdictions like the US, EP, or Japan. The existence of patent families enhances global protection.
Implications for Stakeholders
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Innovators:
The patent secures a competitive edge in the Chinese market, especially if related to a novel chemical entity with therapeutic relevance.
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Generic Manufacturers:
Narrow claims or expiry dates could open opportunities for biosimilars or generics post-expiry. Vigilant monitoring of patent status is essential.
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Licensing and Collaboration:
The proprietary claims could serve as leverage in licensing negotiations, especially if the patent covers a blockbuster compound or formulation.
Legal and Commercial Considerations
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Potential for Patent Infringement:
Companies developing similar compounds must compare their inventions to the claims carefully to avoid infringement.
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Patent Efficacy:
The scope’s breadth and claim clarity determine its strength against challenges—particularly in a landscape where patentability criteria aim to balance innovation and public access.
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Patent Expiry and Market Dynamics:
The patent’s 20-year term sets a timeline for commercialization exclusivity. Post-expiry, the market opens to generic competition, emphasizing the importance of patent protection timing.
Conclusion
China patent CN103181893 exemplifies strategic pharmaceutical patenting, with scope likely centered around a specific chemical entity, formulation, or process. Its claims’ breadth and strategic positioning impact market exclusivity, R&D direction, and potential licensing opportunities. The dense patent landscape underscores the importance of vigilant IP management and strategic patent filing to maintain competitive advantage.
Key Takeaways
- The patent’s scope appears robust if claims cover a novel chemical compound or formulation, but narrow claims could limit enforcement.
- Its position within the Chinese patent landscape highlights active R&D and a focus on protecting innovative chemical entities.
- To maximize commercial value, stakeholders must monitor patent corridors, potential overlaps, and expiry timelines.
- Broader claims, if valid, provide heterogenous coverage but require careful drafting and examination to withstand prior art challenges.
- The patent landscape in China remains highly competitive, necessitating continuous innovation and strategic patent filing to sustain market advantages.
FAQs
1. What is the primary focus of China Patent CN103181893?
It mainly claims a specific chemical compound or formulation, with detailed structural features serving as the core inventive subject.
2. How broad are the claims typically in such pharmaceutical patents?
Claims can range from narrow (targeting a specific compound) to broad (covering all derivatives or methods related to the compound). The scope depends on patent drafting strategies and prior art considerations.
3. How does the patent landscape in China influence pharmaceutical innovation?
A dense patent environment fosters innovation but also creates patent thickets that can hinder follow-on research. Strategic patenting helps protect investments and promotes commercialization.
4. When will CN103181893 likely expire, and how does this affect market competition?
Assuming standard terms, it will expire approximately 20 years from application date, after which generics can enter the market, increasing competition.
5. What steps can patent holders take to strengthen their patent's enforceability?
Ensuring clear, comprehensive claims, regular maintenance, and monitoring for potential infringement or prior art challenges strengthen enforceability.
References
- [Official Patent Document CN103181893 A]
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
- Chinese Patent Office (CNIPA). Patent Examination Guidelines.
