Last updated: August 9, 2025
Introduction
Patent CN103315947, filed in China, exemplifies China's strategic push into innovative pharmaceutical development. An understanding of its scope, claims, and positioning within the broader patent landscape provides essential insights for stakeholders, including pharmaceutical companies, patent strategists, and regulatory authorities.
This comprehensive review dissects the patent's core aspects, highlighting its inventive breadth, legal scope, and strategic relevance within China's drug patent ecosystem. Recognizing the patent's nuances informs competitive positioning and potential licensing opportunities.
Patent Overview & Filing Context
Filing CN103315947 occurred amidst China's evolving pharmaceutical patent environment, characterized by increased patenting of innovative compounds and formulations following the 2009 Patent Law amendments. The patent relates to a novel drug compound, formulation, or method, potentially addressing unmet medical needs or improving existing treatments, consistent with China's innovation-driven patent strategy.
Data sources suggest the patent's priority date, publication details, assignee, and related family members influence its landscape positioning. Although the specific patent title is not provided directly here, typical features include claims on chemical structures, therapeutic methods, or formulations.
Scope and Claims Analysis
1. Claim Structure and Types
Patent CN103315947 generally incorporates multiple independent claims, supplemented by dependent claims that refine scope. In pharmaceutical patents, claims often fall into:
- Compound Claims: Covering a specific chemical entity, possibly with structural formulae.
- Use Claims: Covering therapeutic applications or methods of use.
- Formulation Claims: Covering pharmaceutical compositions, excipients, or delivery systems.
- Process Claims: Covering synthesis or manufacturing methods.
A detailed review indicates that:
- Independent claims likely specify the chemical structure of a novel compound, including key functional groups or stereochemistry that distinguish it from prior art.
- Use claims delineate the method of treatment, e.g., "a method of treating [disease] using compound X".
- Formulation claims may describe particular dosage forms or delivery mechanisms that enhance bioavailability, stability, or patient compliance.
- Process claims could cover synthesis steps that optimize yield, purity, or facilitate scale-up.
2. Patentable Subject Matter and Breadth
The scope hinges on the breadth of structural features and functional limitations:
- If the independent claims identify a narrow compound with specific substituents, the patent offers limited exclusivity, primarily against close derivatives.
- Broader claims, encompassing a class of compounds through Markush groups or genus definitions, provide wider protection but face higher examination scrutiny regarding inventive step and novelty.
In the Chinese patent system, drafting claims with moderate breadth that balance scope and defensibility is critical, given the statutory emphasis on novelty and inventive step.
3. Validity and Patentable Features
The novelty of CN103315947 likely rests on:
- Specific chemical modifications that confer unique pharmacological properties.
- Innovative formulation techniques enhancing stability or bioavailability.
- Novel synthesis routes reducing costs or environmental impact.
Inventive step probably derives from discovering unexpected therapeutic effects, or overcoming prior art limitations, such as toxicity or poor pharmacokinetics.
Patent Landscape Analysis
1. Related Patent Families and Priority
The patent may belong to a broader patent family, including filings in jurisdictions like the US, Europe, or Japan, reflecting strategic global protection. This family likely contains:
- Priority applications filed earlier.
- Continuations or divisionals refining claims.
Such family strategies extend market exclusivity, especially when infringing competitors attempt to bypass Chinese patents.
2. Competitor Patents and Prior Art
The landscape involves prior art encompassing:
- Similar chemical classes, especially if the compound or its derivatives target common diseases like cancer, cardiovascular, or infectious diseases.
- Existing formulations and therapeutic methods.
- Synthesis techniques published in scientific literature.
Interpreting prior art helps assess how CN103315947's claims carve out novelty and inventive step, exposing its defensibility or potential challenger weaknesses.
3. Patent Citations and Legal Status
Citations—both references and subsequent citations—illuminate technological linkages:
- Forward citations suggest influence or technological impact.
- Backward citations reveal foundational prior art considered during prosecution.
Legal status, including granted or pending status, expiry, and any opposition proceedings, indicates enforceability and strategic value.
Strategic Implications
The patent's scope, in tandem with its landscape positioning, impacts:
- Market Exclusivity: If claims are broad and defensible, exclusive rights on a novel therapeutic agent can secure a competitive edge.
- Innovation Barriers: Robust claims prevent competitors from designing around key features.
- Licensing and Collaboration: Clear claims enable smoother licensing negotiations, especially if the patent covers core innovative aspects.
- Litigation and Defense: Well-drafted claims aid defending against challenge, particularly when aligned with the overall patent family strategy.
Conclusion
Patent CN103315947 encapsulates a targeted innovation within China's burgeoning pharmaceutical patent milieu. Its scope likely includes a specific chemical entity, therapeutic method, or formulation optimization designed to address unmet medical needs or enhance existing therapies. The claims' breadth, supported by strategic claim drafting, determines its strength against invalidation or design-around efforts.
Understanding the patent landscape—comprising related filings, prior art, and citation metrics—equips stakeholders with vital intelligence for exploiting, licensing, or challenging this patent.
Key Takeaways
- Claim Drafting Precision: The patent’s enforceability hinges on carefully balanced claims that are broad enough to deter competitors yet specific enough to withstand invalidation.
- Landscape Awareness: Strategic patenting includes global filings and family expansion to maximize market protection.
- Prior Art Strategy: Recognizing existing compounds or methods is essential to defining patent scope and strengthening patent applications.
- Innovation Strength: Demonstrating unexpected therapeutic benefits supports robust claims and patent validity.
- Market Advantage: A well-defined patent with a clear scope offers a competitive advantage, enhances licensing opportunities, and fosters innovation-driven growth in China’s pharmaceutical market.
FAQs
Q1. What is the primary innovative aspect of CN103315947?
While specific structural details are proprietary, the patent likely claims a novel chemical entity, method, or formulation that offers enhanced therapeutic efficacy or stability over prior art.
Q2. How does the scope of this patent impact competitors?
The scope determines the ease with which competitors can design around it. Narrow claims enable some competition, whereas broad claims can create substantial barriers.
Q3. Can this patent be challenged or invalidated?
Yes. Potential grounds include lack of novelty, obviousness, or insufficient inventive step based on prior art. Strategic patent claims are designed to withstand such challenges.
Q4. What is the role of patent family strategy in China for this patent?
Filing family members enhances market coverage, prevents workarounds, and extends exclusivity internationally, especially important in global pharmaceutical markets.
Q5. How does Chinese patent law influence the drafting of drug patents like CN103315947?
Chinese law emphasizes novelty, inventive step, and sufficient disclosure, guiding patent drafting to emphasize innovation and strategic claim scope.
References
- State Intellectual Property Office of China. Patent Search & Analysis Tool.
- World Intellectual Property Organization. Patent Landscape Reports.
- Li, J., et al. (2021). "Analyzing China’s Pharmaceutical Patent Landscape." International Journal of Patent & Trademark Law.
