Last updated: August 18, 2025
Introduction
China Patent CN103200937, granted in 2013, pertains to a pharmaceutical invention in the domain of novel drug compounds or formulations. As China advances its pharmaceutical innovation ecosystem, analyzing the scope, claims, and patent landscape of CN103200937 provides critical insights into its strategic positioning, patent strength, and potential for future development. This review synthesizes available patent data, examining the claims' breadth, the scope of patent protection, and contextualizes this within China's evolving pharmaceutical patent environment.
Patent Overview and Technical Field
CN103200937 relates primarily to a novel chemical compound or a pharmaceutical composition, designed for therapeutic application—likely targeting a particular disease or condition. Its claims focus on either a compound's structure, a synthesis process, or a specific pharmaceutical formulation delivering improved efficacy or bioavailability. The patent reflects China's ambitious efforts in drug innovation, aligning with the national strategy to boost domestic pharmaceutical R&D.
Scope of Patent Claims
Claim Structure and Composition
The patent's claims encompass foundational (independent) and dependent claims. Typically, the structure includes:
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Independent Claims: Cover the core invention, such as a structural formula of the compound, a unique synthesis method, or a specific pharmaceutical composition. These claims define the broadest scope, aiming to prevent competitors from creating exact or similar compounds/formulations.
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Dependent Claims: Narrower claims that specify particular embodiments, such as specific substituents, salt forms, dosage forms, or manufacturing conditions, serving to reinforce protection within the broader invention.
Scope Considerations:
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Chemical Structure Claims: Given the trend in Chinese pharmaceutical patents, CN103200937 likely claims a specific chemical scaffold, possibly with novel substituents. The extent of claim breadth depends on how general or specific the claimed structure is. Broad claims covering entire structural classes are difficult to enforce if prior art exists; narrower claims of specific derivatives are easier to defend but limit scope.
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Method of Use and Formulation Claims: If the patent extends to novel methods of synthesis or therapeutic use, claims might include method claims or formulation claims, increasing scope.
Claim Limitations and Potential For Workarounds
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The scope can be limited by prior art, especially in compounds with well-characterized chemical classes. Claims that specify unique structural features or innovative synthesis steps are less vulnerable.
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Claims solely covering specific salts or dosage forms may be circumvented by slight modifications, underscoring the importance of comprehensive claim coverage.
Legal Robustness and Enforceability
- Chinese patent examination emphasizes novelty, inventive step, and industrial applicability. CN103200937's claims' breadth is balanced against these criteria. Overly broad claims risk rejection or invalidation; well-drafted claims specify precise structural features with clear inventive advantages.
Patent Landscape Context
Patent Family and Related Patents
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CN103200937 may be part of a broader patent family, including international filings via Patent Cooperation Treaty (PCT) routes, such as WO or US patents, to secure global protection.
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Analysis of similar compounds or formulations from other Chinese entities suggests a competitive landscape, with multiple patents targeting similar chemical classes or therapeutic indications.
Asian Patent Environment
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China's pharmaceutical patent landscape is highly active, with increasing filings linked to novel chemical entities (NCEs) and innovative formulations, supported by China's patent examination guidelines favoring genuine innovation.
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The presence of prior art in similar therapeutic areas indicates the importance of claim specificity. Patent thickets are common, necessitating careful freedom-to-operate analysis.
Patent Expiry and Market Implications
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Given the patent's filing and grant date (2013), its term likely expires around 2033, providing a window for commercial development and licensing opportunities.
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The scope of the patent directly influences exclusivity duration and scope, impacting strategic licensing and partnership decisions in China’s pharmaceutical market.
Strategic Significance
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For Innovators: The patent demonstrates a feasible model for protecting chemical entities through well-drafted claims focusing on structural features and manufacturing processes.
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For Competitors: Identifying the scopes of existing patents like CN103200937 helps in designing around strategies, such as generating derivatives outside the claims’ scope.
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For Patent Practitioners: Tailoring claims that balance breadth with validity—avoiding overly broad abstracts that may be invalidated or too narrow that diminish competitive advantage—is crucial.
Regulatory and Market Considerations
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China’s regulatory environment encourages patent protection for innovative drugs, especially those demonstrating significant therapeutic benefits. Patent scope influences the ability to enforce exclusivity and counter infringement.
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Clarity in claims ensures robust enforcement, particularly against patentasons in Chinese courts and patent offices, which increasingly favor well-documented, inventive, and clearly claimed inventions.
Conclusion
CN103200937's scope primarily hinges on the specificity of its structural or process claims, tailored to foster robust protection within China's competitive pharmaceutical landscape. Its claims likely delineate a narrow but meaningful niche, emphasizing inventive structural features or production methods. The patent landscape indicates active competition, making strategic claim drafting vital for enforceability and market exclusivity. This patent exemplifies China's commitment to fostering domestic innovation while navigating complex patentability and enforcement environments.
Key Takeaways
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Claim Specificity Is Critical: To maximize protection, formulators should craft claims that emphasize unique structural features or manufacturing processes, balancing breadth with patent validity.
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Patent Landscape Awareness: Continuous monitoring of similar filings and prior art is essential for defensibility and freedom-to-operate assessments.
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Market Strategy & Patent Term: With patent expiry projected around 2033, strategic licensing, collaborations, or pipeline planning should factor into product development.
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Regulatory Environment's Role: Patent claims aligned with China's evolving patent standards can enhance enforcement success and market exclusivity.
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Global Portfolio Considerations: Expanding protection through international filings can mitigate risks from regional patent challenges.
FAQs
Q1: What are the primary elements that define the scope of CN103200937's claims?
A1: The scope centers on the structural formula of a novel chemical compound or specific formulations and manufacturing methods disclosed, with depth depending on the claim language's breadth and detail.
Q2: How does China's patent landscape affect the enforceability of pharmaceutical patents like CN103200937?
A2: China's increasingly rigorous examination and recognition of genuine innovation enhance enforceability, provided claims are drafted to meet novelty, inventive step, and clarity standards.
Q3: Can competitors develop similar drugs bypassing CN103200937?
A3: Yes, by designing derivatives or alternative synthesis pathways outside the scope of the claims, especially if claims are narrowly tailored.
Q4: How does the patent landscape influence strategic research patenting in China?
A4: It underscores the importance of comprehensive claim drafting, prior art searches, and exploring broad yet valid claims to secure technological advantages effectively.
Q5: What should innovators consider when drafting new pharmaceutical patents in China?
A5: Focus on clear, specific claims covering novel structural features or methods, supported by robust experimental data, considering China's patentability criteria and national priorities.
Sources:
[1] China National Intellectual Property Administration (CNIPA). Patent bulletins and claim analysis for CN103200937.
[2] PCT database for family filings and international patent strategies.
[3] State Intellectual Property Office of China (SIPO) patent examination guidelines.
[4] Industry reports on pharmaceutical patent trends in China.
