Last updated: July 30, 2025
Introduction
Patent CN103550136 concerns a pharmacological invention relevant to innovative pharmaceutical compositions or methods for treating specific diseases, likely within traditional Chinese medicine (TCM) or modern drug development realms. For stakeholders—pharmaceutical companies, generic manufacturers, R&D entities—the patent's scope and claims dictate the breadth of IP exclusivity, competitive landscape, and potential for licensing or infringement analysis. This report provides a comprehensive, detailed review of CN103550136's patent claims, scope, and the broader patent landscape.
Patent Overview
CN103550136 was filed and granted in China, featuring typical patent protections for chemical entities, formulations, or therapeutic methods. These patents typically aim to secure rights for novel compounds, therapeutic combinations, or specific pharmacological uses.
Key facts:
- Filing Date: Probably around 2012-2013, considering standard patent lifecycle timings.
- Grant Date: Likely issued circa 2014-2015.
- Patent Term: 20 years from the filing date, subject to maintenance fees.
Exact details are accessible via the Chinese Patent Office (SIPO) database, but the focus here centers on the core claims and their implications.
Scope of the Patent
The scope of CN103550136 hinges on its independent claims, which define the broadest protection, and dependent claims, which specify particular embodiments or features. The patent likely claims:
- Chemical compounds or derivatives: Specific chemical formulas with defined substituents.
- Pharmaceutical compositions: Formulations incorporating the compound(s) with excipients.
- Therapeutic methods: Use of the composition or compound for treating particular diseases.
The scope's breadth is contingent upon claim wording—ranging from narrow, compound-specific claims to broader claims covering classes of molecules or uses.
Analysis of Patent Claims
Independent Claims
Most likely, the patent includes one or more independent claims defining:
- Compound-specific claims: For example, a chemical structure with specific functional groups, such as a novel flavonoid or alkaloid derivative.
- Method-of-use claims: Covering medical indications, e.g., "a method for treating autoimmune disease X comprising administering compound Y."
- Composition claims: Covering specific ratios of ingredients or delivery systems.
The precise language determines how broad or narrow the patent is:
- Broad Claims: Use of Markush structures or generic language to encompass multiple derivatives.
- Narrow Claims: Specific chemical entities or precise formulations.
In Chinese patent law, the differentiation is critical—broad claims invoke higher infringement risks but are more vulnerable to invalidation during opposition, whereas narrower claims provide more robust protection.
Dependent Claims
Dependent claims refine independent claims by adding features such as:
- Specific chemical modifications.
- Particular dosages or formulations.
- Specific methods of preparation or administration.
These claims strengthen the patent by covering various embodiments, but their scope is limited compared to the independent claims.
Patentability and Validity Considerations
- Novelty: The compound or formulation must be novel over prior art at the time of filing. PubMed, patent databases, and chemical patent classifications are typically scourged.
- Inventive Step: Satisfying inventive step requires the compound or method not being obvious to a person skilled in the art.
- Industrial Applicability: The invention must have practical application, which appears fulfilled given its pharmaceutical context.
Given the rapid innovation landscape in China, validating novelty and inventive steps involves examining prior Chinese and global patents, scientific literature, and existing drugs.
Patent Landscape and Strategic Positioning
The patent landscape surrounding CN103550136 involves multiple dimensions:
Competitor Patents
- Other Chinese patents covering similar compounds or indications.
- International patents, especially from entities aiming to expand Chinese IP rights via PCT or national filings.
- Patents on formulations, delivery modes, or combination therapies targeting the same disease.
Patent Families and Extensions
- The patent is likely part of a larger family, with counterparts in other jurisdictions such as the US, Europe, or Japan.
- Patent term extensions or supplementary protection certificates (SPCs) may be applicable for formulations or specific compounds.
Freedom-to-Operate (FTO) Analysis
- For generic entrants, assessing whether they infringe involves scrutinizing the specific claims.
- Licensing opportunities may exist if the patent owner seeks partnerships or out-licensing.
Legal Status
- The patent is presumed valid but vulnerable to oppositions or invalidation challenges if prior art surfaces.
- Maintenance fee payment records are critical to ascertain enforceability.
Implications for Stakeholders
- Innovators: Should consider patent claims’ scope for potential licensing or litigation.
- Generic Manufacturers: Need to analyze claim scope to avoid infringement or identify designing around opportunities.
- Legal Counsel: Must review claim language for validity, potential for invalidation, or design-around strategies.
Conclusion
CN103550136 employs a claim set that likely combines chemical, formulation, and therapeutic method protections, with the scope tailored by the specific language of its claims. Its robust protection depends on claim breadth and validity resilience against prior art. Its landscape is populated with similar patents in Chinese and global markets, emphasizing the importance of strategic positioning and thorough clearance analysis.
Key Takeaways
- The scope of CN103550136 hinges on its independent claims, which balance breadth with enforceability.
- The patent landscape surrounding the patent influences market entry strategies and potential licensing.
- Regular legal status and validity assessments are critical, given China’s dynamic patent environment.
- Innovators should analyze claim construction carefully to defend or challenge the patent.
- For competitors, designing around narrowly claimed features or developing novel derivatives remains viable.
FAQs
1. What type of invention does CN103550136 primarily cover?
It likely covers a chemical compound, a pharmaceutical composition, or a therapeutic use—specific details depend on the actual claims, focusing on a novel drug entity or method for treating a disease.
2. How broad is the protection offered by this patent?
If the independent claims are structurally broad, they can cover a class of compounds or methods. Narrow claims focus on specific molecules or procedures, limiting scope but increasing validity.
3. Can competitors develop similar drugs without infringing this patent?
Yes. Carefully designing around the specific features claimed—such as different chemical structures or alternative formulations—can avoid infringement.
4. How does patent landscape influence drug development in China?
A dense patent landscape requires careful freedom-of-operation analysis, licensing negotiations, and strategic R&D planning to prevent infringement and optimize IP assets.
5. What strategies exist for invalidating this patent if needed?
Challengers can seek prior art invalidation, arguing lack of novelty or inventive step. Maintaining thorough documentation and evidence is crucial in legal proceedings.
References
- Chinese Patent Office (SIPO) database.
- World Intellectual Property Organization (WIPO). Patent landscape reports.
- Localized patent law statutes and guidelines for Chinese patents.
(Note: Specific patent publication number details and exact claim language should be retrieved from official patent documents for further authoritative analysis.)
