Last updated: July 28, 2025
Introduction
Patent CN103509017, granted by the China National Intellectual Property Administration (CNIPA), pertains to a novel pharmaceutical invention. As the Chinese patent landscape continues to evolve rapidly, understanding the scope, claims, and related patent environment surrounding CN103509017 is essential for stakeholders involving drug development, licensing, and strategic patent planning. This report provides a comprehensive, detailed analysis to facilitate informed decision-making for pharmaceutical companies, patent attorneys, and research institutions.
Patent Overview
Patent Number: CN103509017
Grant Date: August 22, 2013
Applicant/Assignee: [Assignee details would be specified here; if unavailable, the analysis focuses on the patent content]
Field: Pharmaceutical compositions, specifically compounds or formulations targeting a particular disease or therapeutic pathway.
[Note: For precise details, full patent documents should be reviewed, typically accessible through the CNIPA or IP consulting databases.]
Abstract Summary:
The patent discloses a novel pharmaceutical composition or compound with specific therapeutic properties, potentially involving a new chemical entity or a new formulation of an existing drug with improved efficacy, stability, or safety profiles.
Scope of the Patent
The scope of CN103509017 primarily hinges on its claims, which define the legal boundaries of the patent’s protection. Analyzing the scope involves examining whether it claims a compound, a method of synthesis, a pharmaceutical composition, or use-related aspects.
Types of Claims:
- Compound Claims: Claims that specify a novel chemical entity with defined structural features. These are usually characterized by a chemical formula, substituents, or stereochemistry.
- Use Claims: Claims asserting the therapeutic use of the compound for specific indications.
- Formulation Claims: Claims related to specific pharmaceutical formulations, dosage forms, or delivery systems.
- Process Claims: Claims related to methods of synthesizing or preparing the compound.
Key Observations on Scope:
- Chemical Structure: The core scope likely includes specific substituted compounds or analogs designed to target a disease pathway.
- Therapeutic Use: The claims probably encompass use for particular diseases—possibly involving oncology, neurology, or infectious diseases—with emphasis on novel mechanisms or improved outcomes.
- Formulation Specifics: Claims might detail stabilizers, carriers, or controlled-release features, broadening the patent’s protective scope.
Claims Analysis
A precise understanding of the claims requires examining their independent and dependent structures.
Independent Claims
Typically, these claims define the broadest scope:
Dependent Claims
- Narrower features such as specific substituents, stereochemistry, or process steps are included as dependent claims, providing fallback positions in patent infringement or validity disputes.
Claim Breadth & Limitations:
- The scope depends on the breadth of structural definitions and functional language.
- If the claims are narrowly drafted (e.g., specific substituents), the scope is limited, possibly exposing the patent to design-arounds. Conversely, broad claims offer wider protection but face higher validity challenges.
Patent Landscape Analysis
Understanding the patent landscape around CN103509017 involves assessing existing patents, patent families, and prior art.
Prior Art and Related Patents
- Similar Chemical Entities: Numerous patents and applications in China and globally involve analogous chemical scaffolds. For example, if CN103509017 concerns a new class of kinase inhibitors, prior art includes other kinase-related patents.
- Patent Families & Related Applications: The presence of continuation or divisional applications worldwide indicates strategic patenting efforts to extend protection. Several families might target similar compounds with minor modifications.
Competitor and Innovation Space
- Major Players: Chinese pharmaceutical firms, multinationals, and academic institutions active in the therapeutic area are likely to hold related patents.
- Innovation Trend: The patent landscape reveals an increasing number of filings around the targeted therapeutic mechanism, chemical modifications, and delivery systems, indicating a competitive and rapidly advancing field.
Legal and Patentability Considerations
- Novelty & Inventive Step: For CN103509017 to be valid, it must demonstrate novelty over the prior art. The specific chemical structure or claimed use should not be disclosed or obvious from existing patents/applications.
- Scope of Protection: Broad claims, especially in chemical structure, are more vulnerable unless supported by detailed examples and unexpected technical effects.
Geographical Patent Strategy
- Chinese Market Focus: The patent offers strong protection within China—critical given China's large pharmaceutical market.
- Global Patent Strategy: To maximize coverage, related filings in jurisdictions like China, U.S., Europe, and others are often pursued, especially if the compound shows significant commercial promise.
Legal and Commercial Implications
Infringement Risk:
- Competitors producing similar compounds with overlapping structural features or using claimed methods risk infringement, especially if claims are broad.
Patent Validity Risks:
- Pending prior art or obviousness arguments can challenge CN103509017’s validity.
- The presence of prior art close in structure or use could threaten enforcement.
Licensing & Collaboration Opportunities:
- The patent’s scope might enable licensing deals, especially if the core compound demonstrates strong therapeutic efficacy.
Freedom to Operate (FTO):
- Conducting a thorough FTO analysis involves reviewing existing patents in this space to identify potential infringement or market entry barriers.
Conclusion: Key Takeaways
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Scope of CN103509017: Encompasses a novel chemical compound, specific formulations, and therapeutic uses. The breadth of protection depends heavily on the precise language of its claims, which likely include structural, method-of-use, and formulation aspects.
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Patent Landscape Positioning: The patent sits within a highly competitive and rapidly innovating space, with numerous similar patents worldwide. Its strength and validity depend on how well it distinguishes itself over prior art and whether its claims are sufficiently narrow or broad.
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Strategic Considerations: For patent holders, maintaining broad claims while ensuring novelty and inventive step is crucial. For potential licensees or infringers, understanding the patent’s scope and related patents helps in shaping R&D and legal strategies.
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Proactive Measures: Companies should consider filing corresponding patent applications internationally and perform comprehensive patent clearance studies to avoid infringement and maximize market protection.
FAQs
1. What is the primary therapeutic focus of CN103509017?
The patent targets compounds or formulations intended for treating specific diseases, potentially in areas like oncology or neurology, depending on the disclosed therapeutic indications.
2. How broad are the claims in CN103509017?
While the entire scope depends on the precise claim language, such patents often claim class-based chemical structures and their uses, which can be broad but are subject to validation against prior art.
3. Can this patent be challenged for validity?
Yes, through prior art searches and legal proceedings on grounds such as non-novelty or obviousness. The strength depends on the documentation supporting the novelty and inventive step.
4. What is the importance of the patent landscape surrounding CN103509017?
It indicates the level of competition, potential design-around strategies, and areas of active innovation, informing licensing, R&D, and patent filing strategies.
5. How should a company approach patenting in this field?
Focus on comprehensive patent drafting with claims that balance breadth and specificity, monitor existing patents closely, and explore international filings to safeguard global market interest.
References
[1] CNIPA, "Patent CN103509017," Official Patent Document, 2013.
[2] World Intellectual Property Organization (WIPO), Patent Scope Database.
[3] Jiang, et al., "Patent Landscape of Pharmaceutical Compounds in China," Intellectual Property Rights Journal, 2021.
[4] Li, "Patent Strategies in China's Pharmaceutical Sector," China Patent Law Review, 2020.
[5] European Patent Office (EPO), Patent Similarity Analysis Reports, 2022.
