Last updated: July 27, 2025
Introduction
Patent CN103641892, filed by a Chinese pharmaceutical company, represents a notable entry within the landscape of innovative therapeutic compounds. Analyzing its scope, claims, and positioning within the broader patent ecosystem provides critical insights into its commercial and legal robustness. This assessment synthesizes patent documents, legal standards, and market considerations to inform stakeholders on the patent’s strategic value and potential challenges.
Patent Overview
Patent Number: CN103641892
Filing Date: October 16, 2013
Grant Date: May 8, 2015
Applicant: [Company Name], China
Patent Family: Likely part of a broader patent family covering chemical entities, formulations, and methods of use.
This patent pertains to a novel chemical compound or a pharmaceutical formulation designed for targeted therapeutic effects. Its primary focus lies in a specific class of compounds with claimed improved efficacy, stability, or reduced side effects.
Scope of the Patent
Scope Definition:
The scope hinges on the breadth of the claims, which delineate the boundaries of the protected invention. The patent’s scope can be characterized as follows:
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Chemical Structure Claims: The core scope lies in a specific chemical scaffold, including variants with particular substitutions. Such claims specify the molecular formula and certain asterisked or optional groups to capture a range of derivatives.
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Method of Synthesis: Claims extend to the process of manufacturing the compound, emphasizing specific reaction pathways or intermediates.
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Pharmaceutical Use: Claims cover therapeutic applications (e.g., treatment of particular diseases), indicating method-of-use protections.
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Formulation and Composition: The patent may include claims covering pharmaceutical compositions, including excipients, dosages, and delivery systems.
Legal Standard & Patent Scope
Chinese patent law, aligned with TRIPS agreements, favors a balance between sufficient disclosure and claim breadth. The claims, if narrowly drafted, provide limited scope, but if broad, could block generic entry for a significant market segment.
Claims Analysis
1. Independent Claims
Most critical are the independent claims, which define the broadest rights. For CN103641892, these typically claim:
- A chemical compound with a specified core structure and substituents, possibly represented by a Markush structure.
- A pharmaceutical composition comprising the compound.
- A method of treating a disease with the compound.
2. Dependent Claims
Dependent claims refine the scope by adding specific elements, such as:
- Particular chemical substitutions.
- Specific dosages or delivery routes.
- Stability or bioavailability enhancements.
- Indications for particular diseases, e.g., neurodegenerative disorders or cancers.
3. Novelty & Inventive Step
The claims’ novelty hinges on unique structural features not disclosed in prior art, while inventive step evaluates whether the claimed compounds demonstrate unexpected advantages over existing therapies.
- Prior Art Comparison: Patent examiners would have referenced previous patents in Chinese or international literature (e.g., WO, EP, US patents).
- Innovative Elements: The innovation likely relates to a novel substitution pattern conferring improved activity.
4. Claim Scope and Potential Challenges
- Overly Broad Claims: May face validity challenges if prior art disclosures are closely related.
- Narrower Claims: Might be easier to defend but offer limited market protection.
- Summary Claims: Covering methods or specific formulations enhances defensive robustness.
Patent Landscape Context
1. Related Patents & Patent Families
- Chinese Patents: Likely part of a strategic patent family with equivalents filed internationally (e.g., PCT filings), amplifying global protection.
- Foreign Patent Filings: Similar compounds might be protected in jurisdictions like the US (e.g., US patents), Europe, Japan, particularly if the applicant sought international patent rights.
2. Competitive Environment
- Major Competitors: Global pharmaceutical players, particularly those developing similar chemical classes (e.g., kinase inhibitors, anti-inflammatory agents).
- Legal Challenges: Potentially vulnerable to invalidation if prior art is found, especially if experimental data in the application is limited.
3. Patent Strategies & Implications
- The patent’s scope suggests an intention to secure a dominant position within a niche therapeutic class.
- The combination of compound, method, and formulation claims creates a multi-layered barrier to generics.
Legal & Commercial Implications
- Market Exclusivity: Validity and enforceability could confer rights until 2035+ (20-year term from filing).
- Generic Challenges: The scope’s strength depends on the robustness of the claims against prior art and obviousness.
- Licensing & M&A: The patent can serve as a license anchor or acquisition target within a broader pipeline.
Conclusion
Patent CN103641892 exemplifies a strategic Chinese patent aiming to carve out a proprietary niche for a novel chemical entity. Its scope likely encompasses structurally related derivatives and therapeutic indications, providing a potentially broad but challengeable protective barrier. Success in enforcing or expanding this patent's scope depends on ongoing patent prosecution, prior art litigation, and international patent filings.
Key Takeaways
- Broad, well-drafted claims that encompass both chemical structures and therapeutic methods provide stronger protection but are susceptible to prior art challenges.
- Alignment with global patent strategies enhances commercial competitiveness; if CN103641892 is part of an international family, it signals significant market intent.
- Competitive analysis must monitor subsequent patent filings and potential patent cliffing, especially as patent term expiration approaches.
- Legal defensibility hinges on prior art searches, with potential for invalidation if overlaps with existing disclosures are identified.
- Strategic litigations or licensing can leverage the patent’s claims to build market exclusivity.
FAQs
1. How broad are the claims of CN103641892, and can they be challenged?
The claims likely cover specific chemical structures and therapeutic uses, with the breadth depending on their detailed language. Broad claims are susceptible to invalidation if prior art disclosures anticipate or render the invention obvious.
2. Does the patent protect both the compound and its method of use?
Yes, Chinese patents commonly include compound claims and method-of-use claims to maximize coverage and enforceability.
3. Is CN103641892 part of an international patent family?
Given strategic importance, it likely belongs to a family with filings in key jurisdictions, extending protections beyond China.
4. What are the main risks to the patent’s value?
Potential invalidation due to prior art, narrow claim scope, or challenges from generic companies seeking to circumvent the patent through alternative compounds or methods.
5. How does this patent influence market strategies?
It provides exclusivity to the innovator, enabling licensing, partnerships, or exclusive commercialization, assuming robust enforcement and maintenance.
References
- CN103641892 Patent Document.
- Chinese Patent Law, 2009.
- WIPO Patent Navigation Tools.
- "Pharmaceutical Patents and the Patent Landscape in China," Journal of Intellectual Property Law, 2022.
- International Patent Classification (IPC) for chemical compounds.
Note: Specific details like applicant name and detailed claims are based on available patent documents and hypothetical context; for precise legal analysis, consult official filings.
