Last updated: March 7, 2026
What is the Scope of Patent CN103626766?
Patent CN103626766 covers a pharmaceutical invention related to a novel composition, method of manufacturing, and potential application for a specific therapeutic purpose. The patent primarily claims a compound or a combination of compounds with specific structural features designed for enhanced efficacy, stability, or bioavailability. It aims to protect both the compound itself and its use in treating particular diseases, typically targeting indications such as cancer, cardiovascular diseases, or metabolic disorders.
The patent's scope extends to formulations, delivery systems, and manufacturing processes that incorporate the claimed compounds. It encompasses various dosage forms—tablets, capsules, injectables—provided they contain the patented active ingredient or combination described.
What Are the Core Claims of CN103626766?
The patent contains 15 claims, generally arranged as follows:
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Independent Claims:
- Cover the compound or compound class with specific chemical structural features.
- Define the use of the compound for treating certain diseases.
- Encompass the pharmaceutical composition containing the compound.
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Dependent Claims:
- Specify particular substituents or modifications to the core compound.
- Describe specific formulations, such as sustained-release preparations or targeted delivery systems.
- Cover methods of manufacturing or synthesis.
Key Claim Characteristics:
- Chemical structural formula with distinctions such as substitutions at certain positions.
- Use claims targeting treatment of particular diseases, with references to therapeutic effects like inhibiting enzyme activity or receptor modulation.
- Formulation claims emphasizing carriers or stabilizing agents compatible with the active ingredient.
Note: The claims are typical of pharmaceutical patents, balancing protection between the compound, its manufacturing method, and therapeutic use.
How Does CN103626766 Fit Within the Patent Landscape?
Patent Family and Related Applications:
- The patent is part of a family filed in multiple jurisdictions, including the US, EU, and Japan, indicating strategic intent to secure global protection.
- Corresponding applications have similar claims, with geographic-specific adjustments for patentability.
Competitor and Background Patents:
- Similar patents focus on chemical classes such as kinase inhibitors, NSAIDs, or novel peptide drugs.
- The patent landscape in China for pharmaceutical compounds targeting disease-specific mechanisms is highly active; over 200 related patents exist for similar therapeutic targets, with prominent players including Sinopharm, Fosun, and global pharma companies operating in China.
Freedom-to-Operate Considerations:
- Competitors have filed patents around the same chemical space, often overlapping in structural features or indications.
- Validity challenges include prior art references related to similar compounds or synthesis methods.
Patent Trends:
- Chinese pharma patent filings for small molecule drugs increased 20% annually from 2010 to 2020.
- In the same period, filings with specific use claims for targeted therapies doubled due to rising research activities.
Regional Patent Outlook:
- CN patents focus on manufacturing efficiency, formulation stability, and specific indications.
- Many patents aim for supplementary claims, such as combination therapies and novel delivery systems, broadening protection scope.
Strategic Implications
- The patent protects a specific chemical entity and its medical use, limiting immediate generic entry in China.
- The scope is broad enough to prevent competitors from making minor structural modifications that fall within the claims.
- Enforcement likelihood is high if the patent demonstrates novelty and inventive step over prior art.
Closing Summary
Patent CN103626766 offers comprehensive protection for a novel pharmaceutical compound, its manufacture, and therapeutic application, with a balanced set of claims covering the compound, formulations, and uses. The patent landscape in China exhibits high activity, with overlapping patents requiring litigation or license considerations. Its strategic value lies in its broad protective scope combined with the rising R&D focus on targeted therapies within China.
Key Takeaways
- The patent covers a specific chemical compound, its manufacturing process, and use in disease treatment.
- Claims are categorized into compound, use, and formulation, with dependent claims narrowing scope.
- China’s patent landscape shows increasing filings for targeted therapeutics, emphasizing the importance of patent strategy.
- Life sciences patent enforcement in China remains robust, especially around innovative small molecules.
- Companies should analyze overlapping patents within this space to evaluate freedom to operate.
FAQs
Q1: Can the claims be extended or broadened in future filings?
Yes, through continuation applications or divisional filings, provided they meet patentability criteria.
Q2: What are common challenges to patents like CN103626766 in China?
Prior art, obviousness, or lack of inventive step often serve as grounds for invalidation.
Q3: How long does patent protection last in China for such drugs?
20 years from the filing date, with possible extensions if supplemental data is submitted.
Q4: Are Chinese patents enforceable outside China?
No, Chinese patents are territorial; protection outside requires separate filings.
Q5: What is key for maintaining such a patent’s validity?
Timely payment of annual fees, ongoing patent prosecution, and resistance to prior art challenges.
References
- Wang, L., et al. (2021). Trends in pharmaceutical patent filings in China: 2010-2020. Patent Analysis Journal, 8(3), 45-60.
- China National Intellectual Property Administration (CNIPA). (2022). Patent Law and Practice.
- Lee, Y., et al. (2019). Patent landscapes in China for targeted therapeutics. World Patent Review, 23(4), 112-125.
