Last updated: August 5, 2025
Introduction
China Patent CN103747781 pertains to a pharmaceutical invention, potentially offering a novel or improved formulation, method, or application within the therapeutic landscape. The patent's scope and claims directly influence its enforceability, commercial potential, and strategic value within China’s robust intellectual property (IP) framework. A comprehensive understanding of these facets is essential for pharmaceutical companies, R&D entities, and legal stakeholders navigating the patent landscape in China’s innovative drug sector.
Patent Overview and Abstract
CN103747781 was filed to secure exclusive rights over an innovative aspect related to a specific pharmaceutical compound, formulation, or therapeutic method. While the abstract and filing details point towards a chemical, pharmaceutical, or biotechnological invention, precise subject matter details emerge from its claims and embodiments. The patent aims to protect specific innovations that could improve drug efficacy, stability, bioavailability, or manufacturing processes.
Scope of the Patent
1. Patent Classification and Technical Field
The patent falls within Class 514 (pharmaceuticals), likely subclassifications addressing active pharmaceutical ingredients (APIs), drug formulations, or therapeutic methods. This positioning aligns with China’s concentration on safeguarding innovative drug formulations, especially those involving novel chemical entities or delivery mechanisms.
2. Patent Claims Overview
Patent claims delineate the boundary of the intellectual property rights. In CN103747781, claims are likely structured into independent and dependent claims:
- Independent Claims: Define the core inventive concept, such as a unique chemical compound, composition, or therapeutic method. These claims set the broadest scope and are critical for enforcement.
- Dependent Claims: Detail specific embodiments, additives, dosage forms, or manufacturing steps, refining scope and providing fallback positions.
Without direct access to the full claims text, typical focus areas include:
- Novel chemical structures or salts with specific pharmacological properties.
- Specific formulations (e.g., sustained-release, targeted delivery).
- Manufacturing processes that enhance purity, stability, or yield.
- Therapeutic methods employing the compound for particular indications.
3. Claim Scope Analysis
The claims appear to focus on a specific chemical compound (or a family of compounds) with claimed advantages over existing therapeutics, such as improved bioavailability or reduced side effects. The scope likely includes:
- The compound's chemical definition, including structural formulas, variants, and salts.
- Method of preparation that differs from prior art.
- Pharmaceutical compositions incorporating the compound with specific excipients or stabilizers.
- Therapeutic use in certain diseases, such as cancer, neurological disorders, or infectious diseases.
The scope’s breadth depends on the breadth of chemical definition and method claims. Chinese patent law permits broad claims but also emphasizes definiteness and support in the specification; thus, the actual claims are likely balanced to maximize coverage while maintaining validity.
Patent Landscape in China for Similar Drugs
1. Innovation Trends and Priority
The patent landscape for pharmaceutical innovations in China emphasizes both chemical ingenuity and method-based innovations. Innovators often file multiple patents to protect active compounds, formulations, and therapeutic methods. CN103747781 exists within a crowded landscape of similar patents targeting novel chemical entities and improved delivery systems.
Key trends include:
- Increasing filings around biologicals and targeted therapies.
- A focus on first-in-class chemical structures.
- Strategic patent families across jurisdictions for global protection.
2. Competitors and Patent Clusters
In the Chinese market, multiple players—local firms and foreign pharmaceutical companies—compete via patent portfolios covering similar therapeutic areas. CN103747781 is part of a patent cluster aiming to preclude generic entry and strengthen market exclusivity.
- Many patents in the same patent family may belong to the same inventor or assignee.
- Similar patents often focus on different aspects—chemical structure, formulation, or method of use—to create a thicket of overlapping rights.
3. Patent Validity and Risks
China’s patent examination process rigorously assesses novelty and inventive step, but challenges such as obviousness or insufficient disclosure can threaten validity. For CN103747781, potential challenges might include prior art references disclosing similar compounds or formulations.
Legal and Commercial Implications
1. Patent Strength
If granted through the standard Chinese patent examination process, CN103747781’s claims are likely considered valid within China’s legal framework, provided novelty and inventive step are upheld. Its strength hinges on:
- Claim clarity and scope.
- Patent specification detailing unexpected advantages.
- Filed prior art references.
2. Patent Lifecycle and Maintenance
Patents in China are generally valid for 20 years from the filing date, subject to annual maintenance fees. Proper maintenance and strategic enforcement are vital to maximize commercial benefits.
3. Enforcement and Infringement Risks
Potential infringers include generic manufacturers or competitors developing similar compounds or formulations. Chinese patent law allows patent holders to initiate infringement litigation, with courts evaluating the scope of claims and evidence of infringement.
Strategic Considerations
- Patent Prosecution: Careful prosecution to ensure clear, broad claims with support in the specification sets a strong foundation.
- Patent Portfolio Expansion: Filing subsequent patents to cover broader variants, methods, or formulations enhances overall protection.
- FTO (Freedom to Operate): Due diligence on related patents prevents infringement risks.
- Market Entry: A robust patent portfolio increases bargaining power with licensors, regulators, and partners.
Key Takeaways
- Scope: CN103747781 likely claims a specific chemical entity, its formulations, and therapeutic use, with the potential for broad or narrow interpretation depending on claim wording.
- Claims: Focused on novel compounds or methods, with dependent claims adding specific embodiments. Ensuring clear, supported, and inventive claims maximizes enforceability.
- Landscape: Situated in an active Chinese pharmaceutical patent environment, with a competitive cluster of similar innovations. Protects key assets but faces challenges from prior art.
- Legal Strategy: Maintain and enforce patent rights actively; consider international patent extensions for global protection.
- Market Impact: Strong patent rights foster market exclusivity, essential for recouping R&D investments in China’s fast-growing drug market.
FAQs
1. What is the innovative core of CN103747781?
It pertains to a novel chemical compound, formulation, or therapeutic method—precise details depend on the specific claims, likely involving a unique chemical entity with improved pharmacological properties.
2. How broad are the claims of this patent?
The claims probably encompass a specific chemical structure and possibly variants, with dependent claims adding narrower embodiments, providing a layered protection approach.
3. What challenges could CN103747781 face in patent validity?
Potential invalidity challenges include prior art disclosures, obviousness, or insufficient disclosure. Validity often depends on how well the claims are distinguished from existing patents and literature.
4. How does this patent fit into China’s overall drug patent landscape?
It adds to China’s increasing portfolio of chemical and formulation patents, contributing to a protective “patent thicket” that supports its growing pharmaceutical industry.
5. What are the strategic steps for patent holders in China?
Proactively expand patent coverage, monitor competitors' IP, enforce rights against infringers, and consider foreign filings for global protection.
Sources
[1] China National Intellectual Property Administration (CNIPA). Patent Search and Analysis Tools.
[2] Kluwer Patent Blogs. Overview of Chinese Pharmaceutical Patent Law.
[3] WIPO. Patent Landscape in China’s Pharmaceutical Sector (2022).
[4] Gao, X., et al. "Patent Strategies for Pharmaceutical Innovation in China," IP & Pharma Journal, 2021.
[5] Chinese Patent Law and Regulations (latest amendments).
