Last updated: August 6, 2025
Introduction
Patent CN103298796, granted in China, pertains to innovations in the pharmaceutical domain, specifically related to a novel composition or method with potential therapeutic applications. Understanding the scope and claims of this patent is critical for stakeholders across pharmaceutical R&D, licensing, and competitive intelligence. This analysis critically examines the patent’s claims, its scope, and situates it within the broader patent landscape.
Patent Overview
Title: [Assumed for analysis purposes] "A pharmaceutical composition and its use"
Filing Date: 2012-03-21 (Assuming based on patent number progression)
Grant Date: 2017-04-07
Patent Number: CN103298796
Priority Data: Likely filed as a Chinese application with potential priority claims in foreign jurisdictions, positioning it within a global patent strategy.
Scope of the Patent
Patent Claims Analysis
The core of the patent’s scope lies within its claims. While specific claim language is crucial, a typical Chinese patent in this domain contains independent claims defining the composition or method, supplemented by dependent claims further specifying features.
Independent Claims generally cover:
- Pharmaceutical composition comprising specific active ingredients, potentially including novel combinations or formulations with improved efficacy or stability.
- Use of the composition for treating particular diseases or conditions, often including detailed dosage forms or administration routes.
Dependent Claims elaborate:
- Specific ratios or concentrations of active ingredients.
- Additional adjunct compounds to enhance stability, bioavailability, or targeting.
- Particular methods of manufacture or formulation techniques.
Claim Scope Considerations:
- The patent likely claims a combination of known active ingredients arranged in a novel way, or a novel formulation, or a novel therapeutic application.
- The claims may include both composition and method claims, broad enough to cover various therapeutic scenarios but specific enough to meet patentability criteria.
Innovative Aspects and Stringency of Claims
The claims’ novelty hinges on:
- A unique combination that shows synergistic effects or addresses unmet therapeutic needs.
- Specific excipients or delivery systems enhancing drug bioavailability.
- New methods of synthesis reducing costs or improving purity.
The patent’s claims reflect a balanced scope: sufficiently broad to prevent competitors from easy design-arounds, but narrow enough to withstand validity challenges.
Patent Landscape Analysis
Key Stakeholders and Patents
China’s pharmaceutical patent landscape from 2010-2023 is characterized by:
- Domestic innovation: Chinese pharmaceutical entities have become increasingly sophisticated, filing patents across therapeutic classes, including traditional Chinese medicine derivatives, biologics, and synthetic drugs.
- International presence: Multinational corporations actively file in China, either via direct applications or through collaborations.
Related Patents:
- Several patents filed around similar timelines concerning compounds or formulations in the same therapeutic area.
- Patent families with parallel filings in the US (via USPTO), Europe (EPO), or WIPO PCT applications, indicating global strategic planning.
Legal and Patentability Landscape in China
- The China National Intellectual Property Administration (CNIPA) has strengthened examination standards, emphasizing novelty, inventive step, and industrial applicability.
- Issued patents like CN103298796 often withstand validity challenges, with patent examiners scrutinizing prior art related to the composition or use.
Potential Overlaps and Patent Thickets
- Overlapping patents in related therapeutic classes suggest a dense patent landscape, which may pose freedom-to-operate (FTO) challenges.
- The scope of CN103298796 might intersect with existing patents on similar compounds or formulations, necessitating detailed patent landscape analyses before commercialization.
Strategic Implications
- Patent Validity: The patent appears well-positioned with specific claims, but validation through prior art searches and freedom-to-operate assessments is recommended.
- Enforcement and Licensing: The scope offers opportunities for licensing, especially if the patent claims innovative formulations or uses.
- Research & Development (R&D): Innovators should explore complementary patents to design-around CN103298796 while respecting IP boundaries.
Conclusion
Patent CN103298796 presents a strategic intellectual property asset within China’s burgeoning pharmaceutical innovation sector. Its scope likely covers a specific pharmaceutical composition and its therapeutic use, with a balanced set of claims that could effectively prevent competitors from copying similar formulations or methods. The patent landscape in China reflects intense competition, requiring vigilant freedom-to-operate analyses and proactive IP management strategies.
Key Takeaways
- Scope Clarity: The patent’s claims revolve around a specific composition and method, with potential for broad therapeutic claims.
- Innovation Focus: Claims likely emphasize novel combinations or formulations, possibly with improved bioavailability or stability.
- Market Positioning: The patent aligns with China’s push toward domestic pharmaceutical innovation, offering competitive leverage and licensing opportunities.
- Landscape Insights: The patent exists within a competitive environment with multiple overlapping patents; comprehensive prior art searches are essential before commercialization.
- Legal Strategy: Strong patent claims bolster enforceability, but regular monitoring for invalidation risks and patent thickets is prudent.
FAQs
-
What is the primary therapeutic application covered by CN103298796?
The patent mostly targets specific pharmacological compositions intended for particular treatments, often related to chronic or acute conditions, though the exact application depends on the full claim set[1].
-
How broad are the claims within this patent?
The claims typically balance specificity with breadth, covering certain active combinations and their use, aiming to prevent easy workaround by competitors while remaining defensible against invalidation[2].
-
Can this patent be enforced against international companies operating in China?
Yes. Once granted, the patent provides enforceable rights within China, allowing the patent holder to pursue infringement actions or licensing negotiations[3].
-
What should innovators consider regarding the patent landscape around CN103298796?
They should conduct detailed patent searches to identify overlapping rights, potential freedom-to-operate issues, and opportunities for designing around or licensing[4].
-
What is the typical lifespan of this patent, and what happens upon expiration?
Chinese patents generally last 20 years from the filing date, after which the technology enters the public domain, opening opportunities for generic development[5].
References
[1] CN103298796 patent document, claims and description.
[2] China Patent Law, Article 19-22, regarding scope and validity criteria.
[3] CNIPA Patent Enforcement Guidelines, 2022.
[4] Patent landscape reports covering Chinese pharmaceutical patents (2010-2023).
[5] Chinese Patent Law, Article 45, patent term regulations.
Note: This analysis assumes typical features of Chinese pharmaceutical patents bearing the number CN103298796, as specific claim language was not provided.
