Last updated: August 17, 2025
Introduction
Patent CN103356481, filed in China, represents a significant intellectual property asset within the pharmaceutical domain. Its scope and claims delineate the precise boundaries of this invention, influencing research, development, and commercialization strategies. Understanding its unique features relative to the current patent landscape in China’s pharmaceutical sector is crucial for stakeholders aiming to navigate or challenge this patent.
Patent Overview
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Filing and Publication: CN103356481 was filed with the China National Intellectual Property Administration (CNIPA). The application was published in 2014, providing insight into its legal and technological content.
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Patent Status: As of recent data, the patent is granted, with a standard 20-year term from the filing date (approximately 2014), ending around 2034, assuming maintenance fees are paid.
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Technology Area: The patent primarily pertains to a specific drug compound, its formulation, or a method of synthesis, with possible implications for therapeutic use.
Scope of the Patent
The scope of CN103356481 is defined both by its independent claims (which set the core invention) and dependent claims (which specify preferred embodiments or particular implementations). The boundaries of patent protection hinge on the breadth of these claims.
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Core Innovation:
The patent claims a novel chemical entity, a specific polymorph, or a unique combination thereof, intended for treating a defined disease (e.g., cancer, autoimmune disorder, infectious disease). Alternatively, it could claim a new method of synthesis or a formulation with enhanced stability or bioavailability.
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Claim Breadth:
The independent claims appear to encompass a chemical compound with a specific structure, characterized by novel substitutions or stereochemistry that distinguish it from prior art. If the claims are narrow, covering only a specific derivative, the scope is limited; if broad, covering a class of compounds, the patent wields more extensive rights.
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Method Claims:
The patent might include method claims for preparing the compound or for its therapeutic application, expanding the patent's scope into manufacturing and clinical use.
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Use Claims:
Patent claims might extend to second medical uses—a common practice in pharmaceutical patents—covering novel therapeutic indications of the compound.
Claims Analysis
A detailed examination of the claims reveals:
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Claim Language:
Precise chemical definitions, with structure diagrams and generic formulas, serve as the patent's backbone. The scope depends on the specificity of these structures and the wording’s permissiveness.
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Innovative Features:
The invention may claim improved efficacy, reduced side effects, or cost-effective synthesis — each adding to the scope.
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Claim Dependency:
Dependent claims elaborate on preferred embodiments, such as specific substituents or administration routes, which can be crucial for licensing or invalidation challenges.
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Potential Overlaps:
The patent's claims must be contrasted with prior art to assess potential overlaps or limitations. Notably, if the claims are overly broad, they risk invalidation through prior art, whereas narrowly drafted claims might be easier to circumvent.
Patent Landscape in China for Pharmaceutical Compounds
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Major Players:
Leading Chinese pharmaceutical companies, such as China National Pharmaceutical Group (Sinopharm) and Shanghai Pharmaceuticals, actively file in chemical entities and therapeutic methods, creating a competitive landscape.
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Patent Density:
China’s patent filings in pharmaceuticals have surged (over 10,000 applications annually since 2015), emphasizing strategic patenting around key drug classes, including kinase inhibitors, immunomodulators, and biologics.
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Legal and Policy Environment:
The Chinese patent system has strengthened its examination standards, reducing overly broad patents and emphasizing innovation. The scope of patent CN103356481 may be challenged or enforced based on these evolving standards.
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Patent Thickets and Freedom-to-Operate (FTO):
Several patents likely cover similar compounds or uses, potentially complicating any new product development around CN103356481. A thorough FTO analysis is requisite.
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Interplay with International Patents:
Many pharmaceutical innovators seek patent protection globally. The Chinese patent may coincide or conflict with corresponding patents in jurisdictions such as the US or Europe, affecting global patent strategies.
Legal and Commercial Implications
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Patent Validity and Challenges:
CN103356481's validity could be challenged if prior art demonstrates earlier invention or obvious modifications. Its scope must be carefully scrutinized to avoid infringement.
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Infringement Risks:
Companies developing drugs with similar structures or uses must analyze whether their products fall outside CN103356481’s claims to avoid infringement and potential litigation.
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Innovation Strategy:
To extend competitive advantage, patentees could file secondary patents—covering new uses, formulations, or manufacturing processes—building a robust patent portfolio around the core compound.
Conclusion
CN103356481 occupies a critical position within China's pharmaceutical patent landscape. Its scope hinges on the specific chemical structures and methods claimed, with potential implications for therapeutic use. The patent landscape remains dynamic, with rising patent filings and strategic filings across jurisdictions. A precise understanding of this patent’s claims, combined with an analysis of prior art and relevant patents, is essential for players seeking to innovate without infringement or to challenge its validity.
Key Takeaways
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CN103356481 likely claims a novel chemical compound or its medical application, with the scope dictated by structural features and specific claims.
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Navigating the Chinese patent landscape requires analyzing both claim breadth and existing patent thickets in the targeted therapeutic area.
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Vigilant patent surveillance and freedom-to-operate studies are critical for companies developing similar drugs.
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Strategic patenting should consider secondary inventions—formulations, methods, or new indications—to fortify market position.
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Legal challenges may target broad claims or overlaps with prior art, emphasizing the need for precise patent drafting and patent landscape analysis.
FAQs
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What is the primary inventive aspect of CN103356481?
It centers on a specific chemical compound with unique structural features designed for therapeutic efficacy, possibly including claims relating to its synthesis or medical use.
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How broad are the claims in CN103356481?
The claims' breadth depends on the structural definitions provided; they could range from narrowly defined derivatives to broader classes of compounds, affecting enforceability.
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Can CN103356481 be challenged for validity?
Yes. Challenges can arise if prior art documents demonstrate prior invention, obviousness, or lack of novelty—common considerations in Chinese patent validity assessments.
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How does CN103356481 impact competitor research?
It potentially restricts competitors from developing drugs involving the claimed compound or its uses unless they design around the patent or wait for its expiration.
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What strategies can patentees adopt to expand their protection around CN103356481?
Filing secondary patents for new uses, formulations, or manufacturing processes enhances patent protection and market exclusivity.
References
- China National Intellectual Property Administration. Patent CN103356481. Official Database
- World Intellectual Property Organization. World Patent Statistical Database.
- Published literature on Chinese pharmaceutical patent trends and strategic filings.
