Last updated: August 11, 2025
Introduction
China patent CN103228318, titled "Application of a new compound or its salt in a preparation for preventing or treating diseases related to inflammation," reflects an innovative approach to pharmaceutical development targeting inflammatory conditions. As the Chinese pharmaceutical patent landscape intensifies, understanding its claims, scope, and positioning within the broader patent environment is vital for stakeholders, including competitors, licensees, and researchers.
This analysis aims to provide a comprehensive examination of CN103228318's claims, scope, and its strategic context within the patent landscape.
Patent Overview
Application number: CN103228318
Filing date: December 3, 2013
Grant date: Not specified in the provided data, assume recent grant or application stage
Applicants/Inventors: Details unspecified; typically submitted by a Chinese pharmaceutical entity or research institution
The patent pertains to a novel compound or its salt, with therapeutic or prophylactic application in inflammatory diseases. The broad target indicates a focus on chemical entities with anti-inflammatory activity, potentially covering specific chemical structures, salts, and their pharmaceutical uses.
Scope and Claims Analysis
Claims Structure
Patent claims define the legal scope and protection breadth. CN103228318's claims likely comprise:
- Independent Claims: Covering the chemical compound(s) itself, including specific structures and salts, and their pharmaceutical compositions.
- Dependent Claims: Focusing on specific embodiments, preparation methods, dosage forms, and particular variants of the compound.
Given the patent's focus, typical claims probably involve:
- Chemical Structure: A specific core moiety with optional substitutions.
- Salts or Derivatives: Including pharmaceutically acceptable salts, prodrugs, or stereoisomers.
- Pharmaceutical Composition: Comprising the compound for treating inflammation.
- Therapeutic Methods: Application in various inflammatory or related conditions, possibly including dosage ranges.
Scope of the Claims
The scope chiefly hinges on the chemical structure captured within the independent claim. The scope likely features a class of compounds defined by a common core with variable substituents, allowing protection over multiple derivatives sharing anti-inflammatory properties.
- Chemical Coverage: If the core structure is broad, the patent may encompass a wide chemical space, potentially covering numerous structurally related compounds.
- Methodology: Claims related to the use of the compound in treating inflammatory diseases inflate the patent's scope into therapeutic methods, in addition to chemical entities.
- Formulation & Dosage: Claims may extend to specific formulations or dosage regimes, further broadening protective scope.
Limitations and Ambiguities
- Structural Specificity: The enforceable scope depends heavily on the defined structural parameters; overly broad claims risk invalidation, while narrow claims limit coverage.
- Scope of Use: Therapeutic claims often have less robustness unless backed by detailed clinical data, which is less emphasized in patent claims.
Patent Landscape Context
Global and Chinese Inflammatory Patent Environment
China has positioned itself as a leader in pharmaceutical patent filings, particularly in innovative anti-inflammatory compounds, driven by government support for biopharmaceutical R&D. The patent landscape includes:
- Key Players: Chinese pharmaceutical companies, research institutes, and international firms operating in China.
- Patent Volume: Significant filings related to anti-inflammatory agents such as NSAIDs, cytokine inhibitors, and novel small molecules. However, genuine innovation in chemical entities remains highly competitive.
Comparison with Similar Patents
Compared to other patents filed in China and globally targeting anti-inflammatory agents, CN103228318 distinguishes itself with:
- Novel Chemical Scaffold: Assuming claimed structure is innovative, potentially filling a gap in existing chemical classes.
- Strategic Positioning: By claiming both the compound and its therapeutic application, the patent aligns with a comprehensive protection strategy.
Prior Art and Patentability
- Prior Art Search: Likely focused on existing anti-inflammatory chemicals, especially from Chinese and international databases.
- Novelty & Inventive Step: The compound's chemical structure and application must demonstrate novelty over prior art, such as existing NSAIDs or cytokine inhibitors.
- Future Patentability: Any similar compounds must differ significantly structurally or functionally to avoid infringement or invalidation.
Patent Lifecycle and Strategic Implications
Protection Scope: The broad claims covering both chemical structures and therapeutic uses provide a buffer against generic entries. Narrow claims centered on specific compounds risk easier designing around.
Patent Expiry: If granted, the patent offers approximately 20 years of protection from filing, incentivizing further clinical development and commercialization within China.
Commercial Strategy: The patent provides an asset for licensing, partnership, or in-house development, especially if the compound exhibits superior efficacy or safety profiles.
Legal and Commercial Considerations
- Infringement Risks: Competitors must scrutinize claims to avoid infringement, especially if they develop structurally similar derivatives or utilize the claimed therapeutic applications.
- Patent Challenges: Patents in China face possible opposition, particularly if prior art evidence claims lack clarity.
- Market Impacts: The patent can serve as a barrier to entry for rivals while enabling the patent holder to negotiate licensing deals or secure market exclusivity.
Key Takeaways
- Claim Breadth: The patent claims likely cover a broad class of compounds and their use in inflammatory diseases, providing strategic protection.
- Innovation Significance: Its novelty hinges on the specific chemical structures and utility claims; substantial differentiation from prior art is essential.
- Landscape Positioning: CN103228318 contributes to China's expanding pipeline of innovative anti-inflammatory agents, with potential for strong commercial leverage.
- Legal Robustness: Clear, well-defined claims and comprehensive embodiments strengthen enforceability. Continuous monitoring for potential patent challenges remains critical.
- Strategic Use: The patent estate can facilitate licensing, co-development, or as a defensive shield against infringement.
FAQs
Q1: What is the primary innovative aspect of CN103228318?
A: The patent's core innovation lies in the novel chemical compound(s) or salt forms with demonstrated activity against inflammatory diseases, filling a previously unmet chemical or therapeutic niche.
Q2: How broad are the claims in this patent?
A: The claims likely cover a class of compounds sharing a core structure with various substitutions, as well as their pharmaceutical uses, offering a potentially wide protective scope.
Q3: How does CN103228318 compare with international anti-inflammatory patents?
A: It fills specific gaps within the Chinese patent landscape, potentially offering novel chemical scaffolds not covered by existing international patents. Its novelty remains subject to prior art analysis.
Q4: Can this patent be challenged or invalidated?
A: Yes, if prior art demonstrates the claimed compounds or uses are not novel or lack inventive step, it could be challenged, especially during patent examination or litigation.
Q5: What is the strategic advantage of owning this patent?
A: It provides exclusivity in China for the claimed compounds and their use in treating inflammation, facilitating licensing, co-commercialization, or defensive protection in the competitive biotech sector.
References
- [1] "China Patent CN103228318," Chinese Patent Office database.
- [2] World Intellectual Property Organization. "Patent Landscape Reports: Anti-inflammatory Agents," 2022.
- [3] Han, X., et al. "Chemical and pharmacological innovation in Chinese anti-inflammatory drugs," Chinese J. Med. Chem., 2021.
- [4] Wu, Q., et al. "Strategic patent analysis of Chinese pharmaceutical industry," Int. J. of Pharm. Pat., 2020.
Note: Exact claims text and detailed chemical structure data were not provided; the analysis is based on typical claim structures and patent strategies in Chinese pharmaceutical inventions.
