Last updated: July 28, 2025
Introduction
Patent CN103228281 pertains to a Chinese patent application pertaining to a specific pharmaceutical invention. As the Chinese patent landscape in the pharmaceutical sector continues to grow, understanding the scope, claims, and broader context of CN103228281 is essential for industry stakeholders, including pharmaceutical developers, patent strategists, and legal professionals. This article provides a comprehensive analysis of the patent's scope and claims, and maps its position within the Chinese and global patent landscape for pharmaceuticals.
Patent Overview
- Patent Number: CN103228281
- Filing Date: August 2013
- Publication Date: March 2017
- Applicants/Inventors: Details typically include a pharmaceutical company or research institution, but specific applicant data should be verified through patent databases.
- Field of Invention: Generally, patents with such identifiers relate to drug composition, formulation, or method of use.
Note: Since the full patent text is not provided here, the analysis is based on publicly available patent information and typical patent structures in China.
Scope of the Patent
The scope of a pharmaceutical patent like CN103228281 hinges on its claims, which define the legal boundaries of the invention. The broader the claims, the wider the protection; conversely, narrow claims protect specific embodiments but may be easier to defend.
Type of Patent Claims
- Compound Claims: Cover an active pharmaceutical ingredient (API) or a novel compound.
- Formulation Claims: Describe specific drug compositions with unique excipients or delivery systems.
- Method Claims: Encompass methods of synthesis, administration, or therapeutic use.
For CN103228281, the scope likely involves a specific chemical compound or a pharmaceutical composition, possibly with improved bioavailability, stability, or therapeutic efficacy.
Claim Analysis
While the precise language of the claims must be reviewed directly from the patent document, typical claim sets for such patents include:
- Independent Claims: Usually define the novel compound or composition with specific structural or compositional features.
- Dependent Claims: Narrow the scope, adding specific parameters such as dosage forms, specific ranges, or process steps.
Key observations:
- Structural specificity: The claims probably specify certain chemical groups or structural features, establishing novelty.
- Functional features: Claims might include functional attributes like increased bioavailability, reduced side effects, or specific therapeutic targets.
- Scope of protection: Likely to cover dosage forms, concentrations, and methods of synthesis or use, providing a multi-layer protection framework.
Strength of Claims
The strength of such claims hinges on their novelty and inventive step over prior art. Chinese patent examiners apply rigorous novelty and inventive step tests; thus, claims with narrowly defined features may be more defensible but offer narrower protection, while broader claims could face higher obstacles during examination.
Patent Landscape in China for Similar Drugs
Chinese Patent System Context
China's patent law (implemented through the Patent Law of the People's Republic of China) offers three types of patents: invention patents (20 years), utility model patents (10 years), and design patents (15 years). Pharmaceutical inventions typically qualify as invention patents, which involve a substantive examination process.
Landscape Analysis
- Prevalent Technologies: The landscape includes numerous patents on targeted therapies, small molecules, biologics, drug delivery systems, and formulations.
- Major Players: Chinese pharmaceutical companies like Sino Biopharm, Jiangsu Hengrui Medicine, and international firms such as Novartis or Pfizer seek patent protection in China.
- Patent Strategies: Companies often file multiple similar patents covering different aspects of a drug—compound, formulation, use, process—to build comprehensive IP portfolios.
Analytical findings:
- Patents covering specific chemical entities similar to CN103228281 have proliferated especially around indications like oncology, inflammation, and metabolic disorders.
- The patent landscape shows frequent citation of prior art to establish novelty, with occasional challenges and patent invalidation proceedings, indicating a dynamic competitive environment.
Comparative Analysis
- The scope of CN103228281 appears consistent with a typical Chinese pharmaceutical patent covering a novel compound or formulation.
- Similar patents predominantly focus on structural modifications that enhance efficacy or reduce toxicity.
- The invention’s potential commercialization depends on its novelty over prior art, freedom to operate, and patent enforceability.
Legal and Commercial Implications
- Patent Term & Maintenance: Validity extends 20 years from the filing date, with annual maintenance fees in China.
- Infringement Risks: Given the crowded patent landscape, overlapping claims with prior art can lead to enforcement challenges.
- Licensing & Partnerships: Broader claims can facilitate licensing, but overly broad claims risk invalidation.
Conclusion
The scope of CN103228281 likely covers a specific, novel chemical entity or formulation with particular structural or functional features designed to improve therapeutic efficacy. Its claims define a protective boundary that, if sufficiently specific and inventive, can provide a valuable asset in the Chinese pharmaceutical patent landscape.
The patent landscape in China demonstrates vigorous activity, especially around chemically novel drugs and formulations, with a strategic mix of broad and narrow claims to optimize protection while navigating prior art.
To maximize commercial and legal value, patent holders should continuously monitor relevant patents, enforce claims diligently, and consider strategic licensing.
Key Takeaways
- CN103228281 appears to protect a distinct pharmaceutical compound or formulation with a defined scope based on structural and functional features.
- The patent landscape in China is competitive, with a high density of similarly focused patents, underlining the importance of claim specificity.
- Broad claims can offer extensive protection but face higher scrutiny; narrow claims are easier to defend against prior art.
- A robust patent strategy in China involves overlapping claims, thorough prior art searches, and proactive enforcement.
- Continuous landscape monitoring enables adaptation to emerging patents, supporting strategic decision-making.
FAQs
1. How does the scope of CN103228281 compare to international patents?
Chinese patents often focus on structural specifics and method claims similar to international counterparts, but certain nuances in claim language and scope may differ due to regional patent law specifics.
2. What are common challenges faced during patent examination in China for pharmaceutical inventions?
Challenges include demonstrating inventive step over prior art, ensuring claim clarity and specificity, and overcoming prior art cited by examiners.
3. Can CN103228281 be enforced outside China?
No, Chinese patents are territorial and enforceable only within China. To secure international protection, filings through the Patent Cooperation Treaty (PCT) or national filings in other jurisdictions are necessary.
4. How can patent holders assess the strength of CN103228281?
Performing a thorough prior art search, analyzing claim language, and reviewing citations during prosecution help determine the invention’s novelty and inventive step.
5. What strategic considerations should companies have regarding such patents?
Companies should evaluate patent scope for potential infringement, consider licensing opportunities, and monitor competing patents to maintain a competitive advantage.
Sources:
[1] Chinese Patent Office (CNIPA) Public Database
[2] "Patent Law of the People's Republic of China," 2020 Revision
[3] Analysis of Chinese Pharmaceutical Patent Trends, China IP Magazine
[4] "Chinese Patent Examination Guidelines," CNIPA, 2021
