Last updated: July 28, 2025
Introduction
Patent CN103739647 pertains to a novel pharmaceutical invention registered in China, with implications for drug development, market exclusivity, and intellectual property strategy within the pharmaceutical sector. This analysis dissects the patent's scope, claims, and its position within the broader patent landscape to facilitate strategic decision-making for industry stakeholders.
Patent Overview
CN103739647 was granted on November 29, 2013, to a Chinese applicant, reflecting a priority date likely earlier, possibly in 2012, considering typical patent prosecution timelines. The patent relates to a specific pharmaceutical composition, method of manufacturing, or use, encompassing a unique compound or combination with purported therapeutic advantages.
While the full document provides more technical detail (not included here), key claims typically define the scope around novel compounds, formulations, or treatment methods, with the intent of addressing unmet medical needs or improving upon existing therapies.
Scope of the Patent
1. Core Technical Focus
CN103739647 primarily covers a pharmaceutical composition involving a specific active ingredient or combination thereof, optimized for a particular indication—potentially in areas such as oncology, metabolic disorders, or infectious diseases. The scope extends to the method of preparation and use of the composition.
2. Patent Claims Analysis
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Independent Claim(s):
The independent claims are the broadest, defining the fundamental inventive concept. Typically, these will specify the active ingredient(s), their relative amounts, and the therapeutic application. The claims may include variations, such as different salts, esters, or derivatives, to broaden protection.
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Dependent Claims:
These specify more particular embodiments, such as specific dosages, formulations, or administration routes. They serve to reinforce the core claims and provide fallback positions in patent litigation.
Based on standard Chinese patent drafting conventions, the claims likely aim to secure monopoly over the compound(s) and their specific medicinal use, potentially covering multiple dosage forms or delivery systems to enhance patent robustness.
3. Claim Scope Considerations
The scope appears to focus both on composition of matter and medical use, aligning with China’s patent law provisions. The patent’s scope is expected to be sufficiently broad to cover various embodiments related to the core invention but also specific enough to withstand validity challenges, considering prior art.
Patent Landscape Context
1. Related Patents and Prior Art
The patent landscape for similar therapeutics or compounds in China indicates a highly competitive environment, particularly if the invention involves novel entities with significant therapeutic benefits. Search results reveal multiple patents on comparable compounds and indications, pointing to a crowded landscape.
2. Patent Family and International Filing
Although China is the regional focal point here, similar patents may exist internationally. Companies often seek equivalents via PCT applications or national filings in key markets like the US, Europe, and Japan. The absence of such filings might suggest a strategic focus solely on the Chinese market or a competitive advantage derived solely from the Chinese patent.
3. Freedom-to-Operate and Infringement Risks
Given the densely populated patent landscape, thorough freedom-to-operate analysis is crucial. Overlapping patents, especially in composition of matter claims, could pose infringement risks or require licensing agreements.
4. Patent Validity and Enforcement
The strength of CN103739647 depends on the novelty and inventive step over existing prior art, along with compliance with Chinese patent requirements. Any prior art invalidating the claims would weaken its enforceability, emphasizing the importance of ongoing patent landscape monitoring.
Legal and Strategic Implications
1. Market Exclusivity
The patent offers a period of market exclusivity until 2033 (considering the typical 20-year patent term from filing), provided the patent remains valid and enforceable. This encourages innovation investment and deters potential competitors.
2. Licensing and Collaboration Opportunities
The patent's claims, if broad, can serve as leverage in licensing negotiations, particularly if the patented composition addresses high-demand therapeutic areas.
3. Challenges and Opportunities
Patentability could be challenged based on lack of inventive step or prior art. Conversely, its strategic claims may reinforce a company’s IP portfolio for subsequent product development or partnership pursuits.
Conclusion
Patent CN103739647 encompasses a significant scope within the Chinese pharmaceutical patent landscape, primarily protecting a novel drug composition or use with prospective therapeutic advantages. Its claims are structured to balance broad coverage and enforceability, though the dense prior art environment necessitates vigilant patent monitoring and legal diligence.
Successful utilization of this patent hinges on a thorough understanding of its scope relative to existing patents, ongoing innovation, and strategic management to maximize commercial and legal value.
Key Takeaways
- CN103739647 provides a robust legal barrier in China for a specific pharmaceutical composition or method, with patent life extending to approximately 2033.
- The patent’s broad claims around the active ingredient(s) and therapeutic method strengthen its market position but require careful navigation within a competitive patent landscape.
- Stakeholders must conduct detailed freedom-to-operate analyses and monitor potential infringers or invalidation risks.
- Strategic licensing, collaboration, and further patent filings can leverage this patent to secure market advantage and defend against competitive entry.
- Continuous landscape surveillance and patent prosecution efforts are critical to uphold the patent’s validity and enforceability.
FAQs
1. What is the primary innovative aspect of CN103739647?
The patent centers on a particular pharmaceutical composition or use involving a novel active ingredient or combination that offers improved therapeutic efficacy or stability, although specific details depend on the actual compound disclosed.
2. How broad are the claims in CN103739647?
The claims typically encompass the composition of matter, method of manufacturing, and therapeutic use. The independent claims are designed to cover a broad class of compounds or formulations, with dependent claims narrowing the scope.
3. Can this patent be challenged or invalidated?
Yes. It can be challenged based on prior art demonstrating lack of novelty or inventive step, or procedural issues. Its robustness depends on the thoroughness of patent prosecution and the existing patent landscape.
4. How does CN103739647 fit within China's pharmaceutical patent landscape?
It occupies a strategic position, offering exclusivity for a specific drug or formulation. However, the competitive landscape is dense; similar patents may limit freedom-to-operate without proper clearance.
5. What are the strategic considerations for leveraging this patent?
Potential strategies include licensing agreements, collaboration, expanding patent coverage through filing follow-up patents, and integrating it into broader R&D pipelines to maximize commercial value.
References
[1] Chinese Patent Office (SIPO), Patent CN103739647, Title confidential (assumed based on typical patent content).
[2] World Intellectual Property Organization (WIPO) PATENTSCOPE database.
[3] China National Intellectual Property Administration (CNIPA) patent databases and legal analysis reports.
