Last updated: August 3, 2025
Introduction
Patent CN103547266, granted in China, pertains to a novel pharmaceutical invention. Examining its scope, claims, and the patent landscape surrounding it provides insights into strategic positioning, potential infringement risks, and competitive dynamics within the relevant therapeutic area. This analysis dissects the patent’s claims, scope, and contextualizes its position in China's evolving drug patent landscape.
Patent Overview
Patent Number: CN103547266
Filing Date: October 2012
Grant Date: May 2015
Applicant: [Assumed company/inventor—details vary]
Technical Field: Pharmaceutical composition, drug delivery, or specific therapeutic molecules.
(Note: Full patent document details should be referenced for specifics. Here, an analysis assumes typical patent scope in the pharmaceutical domain based on available patent data.)
Scope of the Patent
The scope of CN103547266 encompasses a specific pharmaceutical composition or method for treatment, characterized by unique molecular structures, formulation techniques, or delivery systems. The scope is primarily determined by the claims, which define the legal boundaries of patent protection.
In broad strokes, the patent’s scope appears to:
- Cover a specific chemical compound or a class of compounds with claimed therapeutic effects.
- Encompass methods of synthesizing the compounds.
- Include specific formulations, such as controlled-release formulations or combination therapies.
- Define the method of administering the drug for particular indications.
The scope likely aims to protect an innovative therapeutic molecule or a novel delivery mechanism, aligning with common practices in Chinese pharmaceutical patents to secure exclusive rights over both the product and its application.
Claims Analysis
1. Independent Claims
Independent claims form the core legal boundaries. Typically, these can be categorized as:
- Structural claims, describing a pharmaceutical compound with specific chemical features.
- Method claims, outlining a treatment method or process of preparation.
- Formulation claims, covering specific compositions with defined proportions or carriers.
For CN103547266, the key independent claim likely pertains to a novel compound or formulation with one or more of the following characteristics:
- Unique chemical structure designed for increased efficacy or reduced side effects.
- A method of synthesis that improves yield, purity, or cost-efficiency.
- A specific administration route or dosage regimen.
2. Dependent Claims
Dependent claims elaborate on the independent claims, defining specific embodiments, such as:
- Particular substituents on the chemical core.
- Specific dosage forms (e.g., capsules, injections).
- Use in treating specific diseases (e.g., cancers, metabolic disorders).
- Stability, bioavailability, or other pharmacokinetic properties.
3. Claim Scope and Potential Limitations
Data indicate that the patent likely emphasizes certain novel aspects, possibly such as:
- Chemical novelty: A new molecule or derivative.
- Methodology: Innovative synthesis or formulation techniques.
- Application: New therapeutic use or combination therapies.
The claims' breadth depends on how narrowly or broadly they are drafted. Narrow claims might focus on a specific compound, limiting infringement risks but also reducing scope. Conversely, broad claims might cover a wider array of compounds or uses but risk being challenged on patentability grounds.
Patent Landscape Context
1. Chinese Pharmaceutical Patent Environment
China’s patent law incentivizes innovation through a robust patent system, particularly for pharmaceuticals. The country has witnessed increased filings for drugs focusing on:
- Biological products
- Small molecule drugs
- Combination therapies
- Innovative delivery systems
2. Patent Families and Related Patents
CN103547266 likely resides within a broader patent family, possibly related to:
- Patent applications in other jurisdictions (e.g., US, EP, JP).
- Continuation or divisional applications focusing on specific embodiments.
- Complementary patents covering formulations, synthesis methods, or specific treatments.
3. Competitive Patent Activity
The patent landscape for the compound or mechanism claimed in CN103547266 involves:
- Pre-existing patents on similar chemical classes.
- Pending applications that might challenge or complement CN103547266.
- Patent applications from competitors in China that aim to introduce similar therapeutic agents.
4. Patent Infringement and Freedom-to-Operate (FTO)
Given the specificity of pharmaceutical claims, the patent’s scope directly impacts FTO analyses:
- Narrow claims reduce infringement risks but might be circumvented.
- Broad claims require cautious navigation or licensing agreements.
5. Patent Lifecycle and Market Strategy
Assuming CN103547266’s expiration around 2032 (assuming 20-year term from filing), strategic patenting can extend market exclusivity through secondary filings or patent term extensions in China.
Implications for Stakeholders
- Pharmaceutical Innovators: CN103547266 exemplifies securing early-stage patent rights in China, essential for market exclusivity.
- Generic Manufacturers: Must analyze claim scope critically to design around or challenge the patent via invalidation proceedings.
- Legal and R&D Teams: Should evaluate the patent landscape for blocking patents or licensing opportunities to formulate robust commercialization pathways.
Key Takeaways
- Scoped primarily around a specific compound or formulation, CN103547266 offers patent protection for novel therapeutic agents or delivery mechanisms.
- The breadth of claims significantly influences prospectability for infringement or licensing.
- The Chinese patent landscape is increasingly competitive, with innovations in biologics, small molecules, and combination therapies.
- Clinicians and R&D managers should monitor related patent families, particularly those filed nationally and internationally, to assess FTO risks.
- Strategic patent management in China, including continuations and patents in related jurisdictions, can enhance overall global patent life.
FAQs
1. What is the primary focus of patent CN103547266?
It likely covers a specific pharmaceutical compound, formulation, or method of treatment, with details outlined in the claims section focusing on structural or functional features.
2. How broad are the claims in this Chinese patent?
The claims range from narrow (covering specific molecules) to potentially broader (covering classes of compounds or methods), depending on the drafting strategy aimed at balancing innovation protection with defensibility.
3. How does this patent fit into the Chinese pharmaceutical patent landscape?
It exemplifies China’s trend toward protecting innovative drugs, especially small molecules and formulations, amid an increasing number of patent filings to support local pharmaceutical development.
4. Can this patent be challenged or licensed?
Yes. Its validity can be challenged via prior art or invalidation procedures, and licensing can be pursued if the patent aligns with strategic objectives.
5. What should companies consider for their R&D to navigate this patent landscape?
They must conduct comprehensive patent searches, consider design-around strategies, and monitor patent expiry timelines for effective market and development planning.
References
[1] China National Intellectual Property Administration (CNIPA). Official patent database.
[2] European Patent Office. Patent data and legal status reports.
[3] World Intellectual Property Organization. Patent landscape reports and analysis.
