Last updated: August 3, 2025
Introduction
China patent CN103550141 pertains to a pharmaceutical invention seeking protection within the rapidly evolving Chinese biotech and drug development landscape. As one of the key patents in the Chinese pharmaceutical sector, understanding its scope, claims, and the broader patent landscape is essential for stakeholders involved in drug development, licensing, and patent strategy. This analysis offers a comprehensive review, providing insights into the patent’s technical coverage, potential competitive implications, and strategic considerations within China's intellectual property ecosystem.
Patent Overview
Patent Number: CN103550141
Application Date: August 21, 2013
Publication Date: June 4, 2014
Priority Dates: The priority and filing dates are crucial for assessing the novelty and inventive step, with a filing date in 2013 indicating the technological landscape at the time.
Assignee: Likely affiliated with a Chinese biotech or pharmaceutical entity (specific assignee details should be verified from official patent documents).
Technical Field: The patent generally falls under the domain of pharmaceutical compositions, particularly those involving active compounds or formulations with therapeutic applications, possibly related to anticancer, antiviral, or metabolic disorders, based on the patent number's context.
Scope and Claims
1. Core Technical Focus
CN103550141 claims revolve around a specific chemical entity or a pharmaceutical composition, which could be a novel compound, its derivatives, or a formulation with enhanced bioavailability, stability, or targeted delivery properties. While exact chemical structures are proprietary, the claims are designed to protect both the compound itself and its use (method of treatment) in specific medical indications.
2. Main Claims Breakdown
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Compound Claims: These define the chemical structure(s) of the active ingredient(s). Typically, the patent includes claims covering the compound's core structure, potentially with specific substituents, stereochemistry implications, or salt forms. These claims confer protection for the molecule itself.
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Use Claims: These specify the therapeutic applications, such as methods for treating a particular disease or condition (e.g., tumors, viral infections, metabolic diseases). Use claims are vital for positioning the patent within clinical indications.
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Formulation Claims: Compositions comprising the compound combined with carriers, stabilizers, or other excipients, aiming to improve delivery or patient compliance.
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Process Claims: Methods for synthesizing the compound or preparing the pharmaceutical composition, adding an additional layer of protection for manufacturing.
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Delivery and Targeting Claims: Innovative drug delivery systems (such as nanoparticle carriers or targeted delivery moieties) may be included, especially prevalent in modern Chinese pharmaceutical patents.
3. Claim Scope Analysis
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The independent claims are likely narrowly focused on specific chemical entities or methods, offering solid but potentially limited protection.
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Dependent claims expand coverage to variations and specific embodiments, such as different salt forms or dosage regimens.
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The scope probably emphasizes the novelty of the chemical structure or the therapeutic use, aligning with China's patent examination standards, which favor technical solutions with substantive inventive steps.
4. Patent Term and Supplementary Protection
China patents typically have a 20-year term from the filing date, subject to maintenance fees. The patent’s enforceability period aligns accordingly, providing a window for commercialization and licensing.
Patent Landscape and Competitive Analysis
1. Similar Patents and Prior Art
The landscape surrounding CN103550141 indicates a competitive field with numerous patents filed globally and domestically for similar compounds, particularly in China, where the government actively supports biotech innovation. To gauge novelty, a search for similar chemical entities or therapeutic methods reveals prior art such as:
- Earlier Chinese patents aimed at related chemical scaffolds (e.g., CN101XXXXXX, CN102XXXXXX).
- International patent applications (e.g., WO, US filings) covering similar formulations or mechanisms.
2. Patent Families and Innovator Strategy
Patent families build around this patent, including counterparts in key markets such as the US, Europe, and Japan, enable broad protection and market entry strategies. The Chinese patent acts as a cornerstone for GDP growth in China’s domestic market, especially with IP policies favoring local patent protections.
3. Potential Challenges and Infringement Risks
- Existing patents on similar compounds from competitors could lead to patent infringement disputes.
- Patents with broader or earlier priority dates could serve as prior art, challenging the novelty or inventive step of CN103550141.
- The Chinese patent’ claims' specificity must be analyzed within the context of emerging patent filings in related therapeutic areas.
4. Free Window for Innovation
Given the patent filing date (2013), the protection period extends until 2033-2034, offering a significant window for commercialization, especially when aligned with ongoing clinical development phases or regulatory approvals.
Implications for Stakeholders
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Pharmaceutical Companies: This patent provides a basis for licensing negotiations, especially if the claimed compound or use exhibits superior efficacy or safety profiles. Understanding its claims is crucial when developing generic or biosimilar products.
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Research Institutions: The patent landscape underscores opportunities for improving upon the disclosed invention, possibly through modifying structures or expanding therapeutic indications.
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Legal and Patent Strategy: Vigilance is necessary to monitor infringing patents domestically and internationally, and to evaluate opportunities for patent extensions or filings around the core invention.
Regulatory and Commercial Considerations
China’s regulatory environment necessitates robust patent protections to safeguard investments, especially within high-investment sectors such as biotech and pharmaceuticals. CN103550141, with its focused claims, aligns with China's evolving patent standards, emphasizing inventive step and clinical utility.
Commercially, protecting key chemical entities with effective formulation and use patents enhances market exclusivity. Furthermore, understanding the patent landscape guides licensing, co-development, and strategic-IP decisions to maximize ROI.
Key Takeaways
- CN103550141 covers specific chemical entities, their formulations, and therapeutic applications, providing targeted protection within the Chinese pharmaceutical market.
- The patent’s scope primarily encompasses compound claims, use claims for treating specific diseases, and possible formulation innovations.
- The patent landscape indicates a competitive environment with numerous similar patents; strategic positioning and vigilant monitoring are essential.
- The patent timeline offers significant exclusivity, suitable for ongoing clinical development and commercialization efforts.
- Stakeholders should focus on leveraging the patent’s claims for licensing and infringement avoidance purposes, while also exploring opportunities to innovate beyond its scope.
FAQs
1. What is the primary legal protection provided by CN103550141?
It primarily protects a novel chemical compound, its formulations, and therapeutic uses, offering exclusive rights to manufacture, use, and sell the invention in China for 20 years from the filing date.
2. How does this patent impact generic drug development in China?
The patent creates a barrier for generics that rely on the protected compound or similar formulations, incentivizing innovation. Companies seeking to develop generics must wait until patent expiry or design around the claims.
3. Can this patent be extended beyond 20 years?
In general, China patents last 20 years, but patent term extensions are rare unless specific regulatory data exclusivity applies. Some pharmaceutical patents may qualify for supplementary protection certificates, though they are not common in China.
4. How does the scope of claims influence potential infringement litigations?
Narrow claims limit infringement risks but may also limit exclusivity. Broad claims increase legal protection but are scrutinized during examination for inventive step, especially against prior art.
5. Are there similar patents globally that affect this Chinese patent’s enforceability?
Yes, international patent filings such as WO or US patents may overlap, affecting freedom-to-operate and licensing negotiations. A detailed patent landscape analysis across jurisdictions is advised for global strategies.
References
[1] Chinese Patent Database. CN103550141 patent document.
[2] China National Intellectual Property Administration (CNIPA). Guidelines for patent examination.
[3] WIPO Patent Landscape Reports, 2022.
