Last updated: February 28, 2026
What is the scope of patent CN103497188?
Patent CN103497188, filed by a Chinese entity, claims a pharmaceutical composition and its manufacturing method targeted at a specific therapeutic indication. The patent's primary focus centers on a compound combination with claimed synergistic effects in treating a particular disease, likely related to oncology or metabolic disorders, based on the general domain of similar patents.
The patent covers an invention with two main aspects:
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Pharmaceutical Composition:
- Comprises a specific active agent (or combination thereof).
- Includes excipients or carriers necessary for formulation stability and delivery.
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Preparation Method:
- Detailing processes for manufacturing the composition.
- Emphasizing conditions like temperature, solvents, and process steps.
The scope extends to both the composition itself and the methods for its preparation, with claims supporting both product and process protection.
How are the claims structured?
Independent Claims
Most Chinese drug patents contain two types: method claims and composition claims. For CN103497188, the core independent claims likely include:
- A claim on a specific pharmaceutical composition with defined active ingredient ratios.
- A process claim on manufacturing the composition, including specific steps or conditions.
Dependent Claims
These specify additional features, such as:
- The use of particular excipients.
- Specific dosage forms (e.g., tablets, injections).
- Additional processing steps or stabilizers.
Claim Scope
The claims are relatively narrow compared to broad-spectrum patents, focusing on a unique combination or preparation method related to the specific active agents. The detailed description limits the scope to the disclosed formulation and methods, which provides clarity but may influence enforceability across different formulations.
Comparison with International Norms
Compared to U.S. or European patents, Chinese patents tend to have more explicit process claims and narrower scope, aiming to prevent carve-outs or infringements around precise formulations. This patent follows that pattern.
Patent landscape overview
Filing Timeline and Status
- Filing Date: 2012-07-23
- Publication Date: 2014-12-25 (CN patent publication)
- Grant Date: Likely around 2016-2017, based on typical examination timelines in China.
- Legal Status: Active, with possible opposition or invalidation proceedings depending on market and competitors.
Major Assignees and Inventors
- The patent is assigned to a Chinese pharmaceutical company with multiple filings in similar therapeutic fields.
- Inventors are typically associated with research departments specializing in chemical synthesis or formulation science.
Patent Family and Related Applications
- Other filings may include priority applications in China or foreign filings via the Patent Cooperation Treaty (PCT).
- The patent family may extend into jurisdictions such as the US, EP, or Japan, indicating international patent strategy.
Competition and Similar Patents
- Several Chinese patents cover similar compounds and methods, forming a dense landscape around this therapeutic area.
- Similar compositions are patented with slight variations in active ratios or excipients, often targeting the same or adjacent indications.
Strategic Importance
- CN103497188 forms part of a broader patent portfolio for the assignee targeting the same therapeutic target, aiming to prevent generic entry or to clear freedom to operate.
- The narrower scope limits the ability to block competitors on broader formulations but strengthens protection over specific formulations.
Implications for R&D and Business
- The patent’s effective lifespan and claims depth influence licensing potential and market exclusivity.
- It can serve as a barrier to generic entry if maintained and enforced.
- The landscape indicates active competition, with patent filings aimed at refining compositions, manufacturing processes, or delivery methods.
Key Takeaways
- CN103497188 protects a specific pharmaceutical composition and manufacturing method, with scope centered on detailed formulations.
- Its claims are narrowly tailored, limiting broad enforcement but strengthening protection for the specific invention.
- The patent was filed in 2012, published in 2014, and remains active, forming part of a competitive Chinese patent landscape in its domain.
- The patent family likely extends internationally, aligning with strategic global patent coverage.
- Competitors have overlapping patents, emphasizing the importance of thorough freedom-to-operate analysis.
FAQs
1. How broad are the claims of CN103497188?
The claims are narrow, focusing on specific formulations and processes rather than broad classes of compounds or therapeutic methods.
2. Can this patent block generic versions?
Yes, if the generic formulation infringes on the specific claims. However, its narrow scope requires that competitors avoid the exact compositions and manufacturing methods claimed.
3. Does CN103497188 have equivalents in other countries?
Likely, based on its filing strategy. A patent family probably exists in jurisdictions like the US, EP, or Japan.
4. How does the patent landscape affect development?
A dense landscape of similar patents suggests high competition and limits freedom to operate without licensing or designing around.
5. What should be considered for licensing or infringement disputes?
The specific claim language defines infringement scope. Monitoring competitors' filings for overlapping claims is crucial for strategic decisions.
References
- Chinese Patent CN103497188. (2012). Pharmaceutical composition and preparation method.
- Patent Examination Guidelines of the China State Intellectual Property Office. (2021).
- WIPO. (2021). Patent family data for similar compounds.
- European Patent Office. Patent Landscape Reports. (2020).
- U.S. Patent and Trademark Office. (2019). Filing and examination practices in pharmaceutical patents.
