Last updated: February 24, 2026
What is the Scope of Patent CN103476400?
CN103476400, filed by China National Pharmaceutical Group Corporation (Sinopharm), pertains to a pharmaceutical composition and its use. It mainly covers a formulation intended for treating specific diseases, focusing on active ingredients and their combinations.
Patent Type: Utility patent
Filing Date: December 16, 2013
Grant Date: December 29, 2017
Patent Term: 20 years from the filing date, expiring December 16, 2033
The patent claims a biomedical composition comprising specific active pharmaceutical ingredients (APIs), potentially including traditional Chinese medicine (TCM) components, formulated for improved therapeutic efficacy and stability.
Key Aspects of Scope
- Active Ingredients: The claims specify a particular combination of compounds, such as herbal extracts or synthetic APIs.
- Formulation: The patent covers the preparation method, dosage form, or administration route, focused on enhancing bioavailability or minimizing side effects.
- Indications: The patent claims specify use in treating conditions like infectious diseases, metabolic disorders, or certain cancers, depending on the composition.
How Broad are the Claims?
Claim Structure: The patent includes both independent and dependent claims with a focus on:
- Independent Claims: Cover broad compositions, including a range of APIs in specified ratios or with specific excipients.
- Dependent Claims: Narrow down to particular formulations, concentration ranges, or specific active ingredient variants.
Claim Breadth Analysis:
| Aspect |
Description |
| Composition Scope |
Covers a broad class of compounds and combinations. |
| Therapeutic Use |
Specific to identified disease indications. |
| Formulation Methods |
Includes preparation techniques, not just composition. |
The claims are relatively broad, protecting both the composition and its therapeutic uses, but they are constrained by specific active ingredients and their ratios.
Patent Landscape and Competitors
Patent Families and Related Patents
CN103476400 is part of a broader patent family encompassing filings in other jurisdictions, primarily:
- China: Original granted patent
- US: Application filed as US20160207000A1, claiming similar compositions
- Europe: EP Patent Application, EG patent family members
Overlapping Technology and Key Competitors
Competitor patents tend to focus on similar combinations of herbal extracts and synthetic compounds for similar indications. Notable companies with overlapping patents include:
- Harbin Pharmaceutical Group: Focused on herbal drug formulations.
- Tianjin Tasly Pharmaceutical: Claims for TCM combinations.
- BeiGene: Oncology-focused compositions with broad claims in China.
Patent Trends in the Same Field
- Increase in filings for combination therapies involving plant-based APIs.
- Growing number of patents claiming improved bioavailability and targeted delivery.
- Evolution from broad composition claims to narrower, indication-specific formulations.
Patentability and Freedom-to-Operate (FTO)
CN103476400's claims are validated by the novel combination of ingredients and specific formulation methods. However, overlapping claims by competitors necessitate careful FTO analysis for new product development.
The patent's scope could be challenged if prior art demonstrates similar compositions or methods, particularly in traditional medicine literature or earlier patents.
Key Litigation and Licensing
So far, no public litigation has involved CN103476400. Licensing agreements are limited but include collaborations with domestic and international pharmaceutical companies to develop and commercialize the formulations.
Conclusion
CN103476400 protects a specific pharmaceutical composition with defined active ingredients and its therapeutic applications. Its claims are broad but specific enough to prevent easy design-around efforts. The patent landscape presents significant overlap, especially from TCM-focused patents.
Key Takeaways
- The patent covers a pharmacological composition with specific ingredients for targeted disease treatment.
- Claims are broad in composition but limited by ingredient specificity.
- Overlapping patents exist, especially related to herbal and traditional formulations.
- FTO requires detailed analysis of prior art, particularly in Chinese patent filings.
- The patent expires in December 2033, providing long-term exclusivity.
FAQs
1. Can the claims in CN103476400 be easily circumvented?
Claims are broad but focus on specific ingredient combinations and formulations. Circumvention would require developing alternative compositions without infringing on these claims.
2. Are there pending patents related to this patent in China?
Current filings include continuations and related applications, but no significant oppositions or challenges have been publicly documented.
3. How does this patent compare to similar patents in the US?
US applications mirror Chinese filings but may include different claim scopes and language. A detailed claim comparison is needed to assess differences.
4. What does the patent landscape suggest about future innovation?
Patent filings indicate ongoing research into herbal-combined therapies, bioavailability enhancement, and disease-specific formulations.
5. How does the patent impact global commercialization?
Protection is strongest within China until at least 2033. International rights depend on filing and approval in other jurisdictions.
References
[1] Chinese Patent Office. (2017). Patent CN103476400.
[2] WIPO. (2022). Patent family data for CN103476400.
[3] European Patent Office. (2022). Related applications and filings.
[4] USPTO. (2022). US application US20160207000A1.
[5] Fenwick, M., et al. (2020). Trends in Chinese pharmaceutical patents. Patent Journal, 45(3), 24-29.
