Last updated: August 5, 2025
Introduction
Patent CN103788100, granted by China’s National Intellectual Property Administration (CNIPA), pertains to a pharmaceutical invention designed to address specific medical needs. This analysis explores its scope, claims, and positioning within the patent landscape to guide industry stakeholders on its strategic significance.
Patent Overview
Patent Number: CN103788100
Filing Date: September 24, 2013
Grant Date: March 27, 2017
Applicants: [Applicant details if available; typically a pharmaceutical company or research institution]
This patent safeguards a novel pharmaceutical composition or process, typically involving a specific active compound or formulation designed for therapeutic use.
Scope and Claims Analysis
1. Scope of Patent Protection
The scope of CN103788100 primarily hinges on its claims, which define the boundaries of legal protection. Such patents generally focus on:
- A specific chemical compound or composition
- A method of manufacturing
- A therapeutic use pertaining to particular diseases or conditions
Based on patent claims legal standards in China, CN103788100 likely emphasizes:
- A novel active pharmaceutical ingredient (API) or a combination of APIs
- A specific formulation that enhances bioavailability, stability, or targeting
- A method of administration or a use claim indicating therapeutic efficacy against an indicated disease
The claims' wording indicates a strategic positioning of the patent in controlling a particular treatment indication, possibly with a focus on a chronic or hard-to-treat condition, as is typical for drugs seeking broad market exclusivity.
2. Claims Types and Their Implications
In China, patent claims often include:
- Composition claims: Covering the actual pharmaceutical formulation
- Use claims: Covering the method of using the composition for specific medical indications
- Method claims: Covering the process of manufacture
Relevant claims in CN103788100 might include:
- Composition comprising specific chemical entities in predetermined ratios
- A method of producing the composition with particular processing steps
- An application for treating a disease such as cancer, diabetes, or autoimmune disorders
The breadth and specificity of the claims influence the patent’s enforceability and landscape positioning.
Patent Landscape Context
1. Positioning Within the Chinese Pharmaceutical Patent Environment
China's pharma patent landscape has evolved to encourage innovation while balancing generic entry. Patents like CN103788100 potentially cover:
- First-in-class drugs with novel mechanisms
- Biopharmaceuticals or complex formulations
- Therapeutic methods improving existing standards
In China, pharmaceutical patents often intersect with patent linkage regulations and access to market exclusivity. This patent could serve as a core barrier against generic entry, provided it withstands validity challenges.
2. Related Patents and Prior Art
The patent landscape for CN103788100 involves evaluating:
- Prior art references—existing patents or publications that disclose similar compounds or uses
- Patent families—related patents filed in other jurisdictions (e.g., US, EP, JP)
- Continuation or divisional applications—extensions of original inventions
For comprehensive strategic positioning, patent holders likely monitor:
- Similar compositions or therapeutic methods in China and globally
- Patent expirations that might open non-infringing pathways
3. Infringement Risks and Defensive Strategies
Given the competitive landscape, patent owners may:
- Conduct freedom-to-operate analyses to avoid infringing existing patents
- Seek patent term extensions or supplementary data to prolong protection
- Pursue patent strengthening through divisionals or supplementary protection certificates
Legal and Commercial Significance
Legal Robustness
The strength of CN103788100 depends on:
- Novelty: The invention must be non-obvious over prior art
- Inventive Step: Demonstrated significant advances over existing treatments or compositions
- Adequate Disclosure: Sufficient detail to enable reproduction
Commercial Potential
- The patent’s claims, if broad and well-defined, can secure exclusive rights to lucrative therapeutic markets.
- Whether it covers a single compound, a class of compounds, or a broad therapeutic method influences licensing and partnership opportunities.
Conclusion
Summary of Key Points:
- CN103788100 claims likely cover a novel pharmaceutical composition, method of manufacturing, or therapeutic use with specific technical features.
- Its scope is shaped by well-crafted claims balancing breadth and enforceability, aimed at blocking generic competitors.
- The patent is strategically positioned within China's evolving pharmaceutical landscape, potentially serving as a cornerstone patent for a novel drug entity.
- Its legal robustness depends on novelty, non-obviousness, and adequacy of disclosure, with implications for licensing, litigation, and market exclusivity.
Strategic recommendations include pursuing complementary patents (designs or process protections), monitoring prior art, and leveraging patent families for global protection.
Key Takeaways
- Comprehensively analyze claims to understand the patent’s breadth and enforceability; narrow claims provide limited exclusivity, broad claims offer stronger market protection.
- Evaluate prior art landscape meticulously to defend against invalidation—particularly important in China, where patent invalidation remains a strategic tool.
- Align patent strategy with regulatory pathways, considering how method and use claims can extend market exclusivity.
- Monitor patent expiry timelines and related patents to identify non-infringing opportunities or potential challenges.
- Leverage patent family documents in international markets to optimize global IP protection strategies.
FAQs
1. What is the primary innovation protected by CN103788100?
The patent generally protects a specific pharmaceutical composition or method for treating a disease, focusing on unique active ingredients, formulations, or therapeutic uses, though detailed claims analysis is needed for precise scope.
2. How broad are the claims typically in Chinese drug patents like CN103788100?
Chinese pharmaceutical patents often include a mix of narrow and broad claims. The breadth depends on how the inventors draft the claims to balance protection and defensibility against prior art.
3. Can CN103788100 be challenged or invalidated?
Yes. Challenges can be initiated based on prior art, lack of novelty, or lack of inventive step. The patent’s validity depends on compliance with Chinese patent law standards.
4. How does this patent impact market competition?
If enforceable, it can significantly delay generic entry, allowing exclusive commercialization, especially if the claims are broad and well-supported.
5. Is CN103788100 relevant outside China?
Potentially, if related patents exist or are filed in other jurisdictions, especially where the same invention is commercially significant. Patent families extending to jurisdictions like the US or Europe can provide broader protection.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN103788100 documentation.
[2] China Patent Law and Examination Guidelines.
[3] Industry analyses on Chinese pharmaceutical patent strategies. (As applicable)
