Last updated: July 30, 2025
Introduction
Patent CN103764147 pertains to inventive pharmaceutical technology filed in China, representing a specific claim set that delineates the proprietary rights of its holder. This analysis provides a comprehensive overview of its scope, claims, and the broader patent landscape, offering insights crucial for stakeholders involved in drug development, licensing, and competitive strategy within China’s pharmaceutical sector.
Patent Overview
Cataloged in the China National Intellectual Property Administration (CNIPA), patent CN103764147 was filed to protect innovative pharmaceutical compositions or methods. As of the latest update, it falls under the category of chemical and pharmaceutical patents, focusing on specific drug compounds, formulations, or therapeutic methods.
The patent was filed to secure exclusive rights over certain chemical entities or their medical applications, aligning with Chinese patent laws which permit patenting of pharmaceutical inventions for chemical compounds, formulations, or manufacturing processes (Novelty, Inventive Step, and Industrial Applicability).
Scope of the Patent
Pharmaceutical Composition or Method
The core scope likely involves a specific pharmaceutical composition or manufacturing method comprising particular active ingredients, excipients, or delivery systems. The scope encompasses:
- The chemical entities involved, possibly new compounds or derivatives.
- Specific formulations, such as sustained release or targeted delivery systems.
- Methods of synthesis or preparation that improve yield, stability, or bioavailability.
- Therapeutic applications, including indications such as oncology, infectious diseases, or chronic conditions.
Claim Breadth
Chinese pharmaceutical patents often contain a broad set of claims, including primary (independent) claims and multiple dependent claims. The independent claims define the main scope, e.g., a compound with specific structural features or a method of treatment.
Dependent claims narrow the scope, covering particular embodiments, modifications, or specific uses, thereby reinforcing the patent’s defensive position.
Key Characteristics of the Claims
Based on available documentation:
- The claims may cover a novel chemical compound with specific substituents.
- The claims possibly include a pharmaceutical composition comprising the compound with certain carriers or stabilizers.
- Method claims could outline a stepwise process for synthesis or administration regimes.
- Therapeutic claims specify the use of the compound for particular indications.
Claim Language and Patent Drafting
Chinese patents generally employ precise claim language. The claims for CN103764147 likely use structural, process, or use-based language, expressed to meet both patentability and enforceability standards under Chinese law, which emphasizes clear scope and inventive step.
Patent Classification and Related Landscape
Technological Classification
Patent CN103764147’s classification aligns with:
- C07D — Heterocyclic compounds.
- A61K — Preparations for medical, dental, or hygienic purposes.
- A61P — Specific therapeutic activity.
This classification indicates the patent covers chemical compounds with therapeutic applications.
Patent Families and Related Patents
- It is imperative to review related patents within the same family or filed internationally—such as under the Patent Cooperation Treaty (PCT)—to understand the global patent landscape.
- Similar patents might exist in jurisdictions like the US, Europe, or Japan, indicating potential patent contention or licensing opportunities.
Patent Landscape Analysis
- A patent landscape reveals competitors’ filings, technological focus areas, and R&D trends.
- In the Chinese pharmaceutical domain, recent filings trend toward innovative biologics, targeted therapies, and novel small molecules.
- CN103764147 complements existing patents related to similar drug classes, potentially representing an incremental or breakthrough innovation.
Legal Status and Enforcement
Understanding the patent’s legal status (granted, pending, or rejected) is crucial for business decisions:
- A granted patent in China provides enforceable protection, preventing generic competitors.
- If pending, strategic monitoring is advisable.
- Enforcement depends on patent validity, scope, and potential infringers.
Patent CN103764147 is presumed granted given its mention in the landscape, but confirmation requires checking CNIPA’s database for legal status updates.
Implications for Stakeholders
Pharmaceutical Innovators and R&D
- The patent can serve as a cornerstone for licensing, research collaboration, or further innovation.
- Its claims delineate the boundaries of new chemical entities or formulations permissible under Chinese law.
Competitors
- Must analyze claim scope to assess potential infringement or freedom to operate.
- Should evaluate mutual patent references for freedom-to-operate (FTO) analyses.
Legal and Business Strategies
- Validity challenges or patent opposition procedures are avenues for competitors.
- Patents with broad claims enable stronger market barriers and exclusivity.
Conclusion
Patent CN103764147 exemplifies China’s evolving landscape of pharmaceutical innovation, emphasizing precise claim drafting to secure broad yet defensible rights. Its scope likely covers novel chemical compounds or formulations with specific therapeutic applications. For industry players, understanding its claims and coverage is essential for patent filing strategies, licensing, and competitive positioning in China's lucrative pharmaceutical market.
Key Takeaways
- Scope Delineation: The patent’s claims define proprietary chemical entities, formulations, or methods, influencing exclusivity and litigation potential.
- Landscape Position: It occupies a strategic position within China's pharmaceutical patent ecosystem, potentially overlapping with global innovations.
- Legal Status: Confirming legal standing is vital for enforcement and licensing negotiations.
- Strategic Implications: Broad claims strengthen market barriers; precise claim language enhances enforceability.
- Future Outlook: Ongoing patent filings and potential oppositions highlight the dynamic competitive environment for innovative drugs in China.
FAQs
1. What are the typical claim types in Chinese pharmaceutical patents like CN103764147?
Chinese pharmaceutical patents usually include chemical structure claims, formulation claims, process claims, and specific use claims, each serving to protect different aspects of the invention.
2. How does CN103764147 compare to similar patents abroad?
While similar patents might exist internationally, Chinese patents often focus on the initial novelty within transformation-focused patent law. Comparative analysis requires cross-jurisdictional patent searches.
3. What is the importance of claim breadth in pharmaceutical patents?
Broader claims can provide extensive protection, deterring competitors from developing similar compounds or formulations, but they must be balanced against patentability requirements and potential legal challenges.
4. How can competitors assess infringement on CN103764147?
By analyzing the patent claims against their own compounds, formulations, or methods, and considering the scope of each claim, especially structural and use-based features.
5. What are the strategic steps following the grant of patent CN103764147?
Stakeholders should monitor the patent’s legal status, explore licensing opportunities, secure research freedom-to-operate, and consider enforcement actions against infringers.
Sources:
- China National Intellectual Property Administration (CNIPA) Patent Database.
- Patent CN103764147 official documentation.
- Chinese Patent Law and Regulations.
- Industry reports on pharmaceutical patent trends in China.
