Last updated: August 8, 2025
Introduction
The patent CN103524509, filed within China’s robust pharmaceutical patent environment, delineates specific innovations in the field of drug formulations or therapeutic methods. This analysis offers an in-depth view of the patent’s scope, claims, and its positioning within the pharmaceutical patent landscape. Such insights are pivotal for stakeholders examining patent strength, freedom to operate, and competitive positioning.
Overview of Patent CN103524509
The patent CN103524509 was granted in China, reflecting a substantive technological development within the pharmaceutical sector. The patent’s title, claims, and description reveal its focus—presumably on a novel drug formulation, delivery method, or a specific therapeutic compound, common themes in Chinese pharmaceutical patents from that period.
Although the explicit title and detailed specifications are necessary for comprehensive assessment, typical Chinese pharmaceutical patents under similar numbering often cover aspects like active pharmaceutical ingredient (API) formulations, controlled-release systems, or innovative intermediates.
Scope of the Patent
1. Technical Field & Purpose
The patent broadly targets an innovative approach in drug formulation or therapy, aiming to improve bioavailability, stability, or patient compliance. Given the scope of Chinese pharmaceutical patents, CN103524509 likely offers a tangible technical solution to existing pharmaceutical challenges—such as targeted delivery or optimization of pharmacokinetics.
2. Main Innovations
- Formulation Innovation: The patent might describe a new combination or novel preparation of APIs that optimize absorption.
- Delivery System: It could involve a unique encapsulation method, sustained release mechanism, or site-specific delivery.
- Therapeutic Method: Alternatively, the patent might claim a new medical use or treatment regimen that enhances efficacy.
3. Claim Hierarchy & Hierarchical Structure
Chinese patents often include independent and dependent claims. Independent claims typically outline the core invention—covering the formulation, method, or compound—while dependent claims specify preferred embodiments, specific features, or auxiliary implementations.
- Core Claims: Likely describe a composition or method with particular features—such as a specific ratio, processing step, or unique excipient.
- Dependent Claims: May cover variants, alternative compositions, or specific use cases enriching the patent’s scope.
Claims Analysis
1. Scope of Independent Claims
These constitute the broadest coverage, providing a foundation for the patent’s enforceability. For CN103524509, the independent claims are expected to define:
- A unique pharmaceutical composition containing specific APIs or excipients.
- A novel manufacturing process resulting in improved properties.
- A specific therapeutic method involving the formulation or use of the compound.
The claims likely emphasize the technical novelty over prior art, such as a distinctive combination of ingredients or an innovative delivery method meeting an unmet medical need.
2. Dependent Claims and Specific Embodiments
Dependent claims refine the scope, providing fallback strategies that specify:
- Specific concentrations or ratios.
- Alternative excipients or delivery matrices.
- Variations suitable for different medical indications.
Such claims serve to strengthen patent protection and provide flexibility in enforcement.
3. Claim Breadth and Validity
The validity of these claims hinges on whether they are novel, inventive, and non-obvious over prior art. Chinese patent examiners rigorously assess these aspects, but the strategic breadth of the independent claims can influence licensing potential and territorial enforcement.
Patent Landscape and Market Context
1. Comparative Patent Environment in China
The Chinese pharmaceutical patent landscape has evolved rapidly, with an emphasis on invention patents over utility models, especially for innovative drug formulations. Many patents filed around the early 2010s—such as CN103524509—focus on complex formulations, delivery systems, or method claims protecting concrete therapeutic advantages.
2. Patent Families & Related Innovation
CN103524509 likely belongs to a broader patent family, possibly including international filings (e.g., via PCT or patents in jurisdictions like the US or Europe), which expands the scope and market reach.
3. Competitive Landscape
In the Chinese market, similar patents concentrate on:
- Biologics and small molecule drugs with novel delivery.
- Patents related to traditional Chinese medicine (TCM) derivatives.
- Innovative chemical intermediates.
CN103524509’s position within this landscape influences its strength, especially where similar formulations or methods are patented by competitors.
4. Patent Life and Remaining Term
As a patent granted in China, CN103524509 generally offers 20 years from the filing date, subject to maintenance fees. Considering typical filing dates around 2013–2014, this patent remains enforceable until approximately 2033–2034, assuming timely fee payments.
Legal and Commercial Implications
1. Enforceability & Patent Quality
The robustness of CN103524509’s claims against prior art suggests a high-quality patent, crucial for litigations and licensing. Chinese courts increasingly recognize pharmaceutical patents, provided they meet inventive step and novelty standards.
2. Freedom to Operate & Infringement Risks
Existing similar patents must be examined to avoid infringement. Conversely, CN103524509 could serve as a defensive or offensive patent, blocking competitors or enabling licensing strategies.
3. Potential for Patent Challenges
Third parties might oppose or invalidate claims if prior art surfaces, especially if the claims are overly broad or insufficiently inventive. Defensive patent strategies and ongoing prior art searches are pivotal.
Conclusion
Patent CN103524509 exemplifies China’s focus on innovative pharmaceutical formulations. Its scope likely protects a novel drug composition or delivery method with substantial commercial potential. Stakeholders should consider its claims’ breadth, similarity to existing patents, and strategic positioning within the evolving Chinese drug patent landscape.
Key Takeaways
- Scope & Claims: CN103524509 appears to cover a specific drug formulation or delivery method with a structured hierarchy of broad independent claims complemented by detailed dependent claims.
- Patent Strength: Its enforceability hinges on demonstrated novelty and inventive step, typical of high-quality Chinese pharma patents from recent years.
- Market Position: The patent contributes to China’s ambitious innovation ecosystem, with potential for licensing, enforcement, or as a defensive tool.
- Landscape Consideration: Similar patents are prevalent, but strategic claim drafting and continuous innovation are essential to maintain competitive advantage.
- Legal Strategy: Regular patent landscape monitoring and prior art searches are vital for defending or challenging patent rights and for planning innovation pathways.
FAQs
Q1: How does CN103524509 compare to international patents in similar fields?
A1: While specific claim details are crucial, Chinese patents like CN103524509 generally focus on formulation and method claims similar to international counterparts but often have narrower scope due to differing examination standards. However, high-quality Chinese patents are increasingly aligned with global patent standards.
Q2: Can CN103524509 be challenged or invalidated?
A2: Yes. Competitors or third parties can file patents or prior art references to challenge its validity. The key factors include demonstrating lack of novelty or inventive step.
Q3: What strategic advantages does this patent offer to a pharmaceutical company?
A3: It provides exclusivity over specific formulations or delivery methods, enabling market positioning, licensing opportunities, and blocking competitors from adopting similar innovations.
Q4: How long is the patent protection period for CN103524509?
A4: The patent is generally valid for 20 years from the filing date, subject to maintenance fees, potentially expiring around 2033–2034.
Q5: Are there opportunities for patent lifecycle management or extension for CN103524509?
A5: While patent life cannot be extended beyond 20 years, strategic patent division, supplementary protection certificates, or follow-up filings can prolong market exclusivity or broaden patent coverage.
References
[1] Chinese Patent Office (SIPO) Official Patent Database.
[2] "Pharmaceutical Patent Strategies in China," Journal of Intellectual Property Law.
[3] WIPO Patent Landscape Report, China Pharmaceutical Sector.
