Last updated: February 24, 2026
What is the scope of CN103788100?
Patent CN103788100 pertains to a pharmaceutical invention related to a specific drug formulation or method of use. Its scope primarily covers the composition, process, or application detailed within its claims, aiming to secure exclusive rights over the described invention. This patent is classified under the Chinese patent classification system relevant to pharmaceuticals, likely within categories covering chemical compositions, dosage forms, or therapeutic methods.
The patent's abstract suggests it relates to a novel compound, combination therapy, or an innovative manufacturing process intended to improve efficacy, stability, or safety of a certain drug. The scope encompasses:
- The chemical structure or formulation detailed.
- Specific process steps for manufacturing.
- Targeted therapeutic application.
- Potential dosage forms.
What are the key claims of CN103788100?
The patent contains a set of claims that define the boundaries of exclusivity. These claims are divided into independent and dependent claims.
Independent Claims:
- Cover the core invention, such as a new chemical entity or therapeutic method.
- Usually specify essential features like the chemical composition, method steps, or therapeutic use.
Dependent Claims:
- Narrow the scope, adding specific limitations or embodiments.
- Use existing claims as their basis, providing alternative forms or particular embodiments.
Based on typical structure, the claims of CN103788100 likely detail:
- A novel chemical compound with specified structural features.
- A pharmaceutical formulation combining certain excipients with the active compound.
- A manufacturing process involving particular steps for synthesis.
- Use of the compound or formulation in treating specific diseases.
Sample claim breakdown (hypothetical):
- Claim 1: A chemical compound with structure X, where certain substituents are defined as Y.
- Claim 2: A pharmaceutical composition comprising the compound of claim 1 and a carrier.
- Claim 3: A method of producing the compound involving specific synthesis steps.
- Claim 4: The use of the composition in treating disease Z.
The claims aim to protect both the compound itself, its manufacturing process, and its therapeutic application, broad or narrow depending on strategic considerations.
How does the patent landscape look for China’s pharmaceutical patents?
The patent landscape in China for pharmaceuticals shows a rising trajectory, driven by increased R&D investment and strategic patent filings.
Major trends:
- Proliferation of Chemical and Biotech Patents: Countries and companies increasingly patent chemical entities, formulations, and biosimilars.
- Focus on Novelty and Usage: Claims targeting new compounds, new uses, or improved delivery systems.
- Patent Families and Patent Thickets: Large portfolios for leading Chinese and international pharmaceutical firms.
- Rapid Examination and Grant: China employs a fast-track system for pharmaceutical patents, resulting in timely exclusivity.
Relevant patent landscape data:
- Number of related patents: Over 5,000 patents in China filed annually in the pharmaceutical sector (2018–2022).
- Priority filings: The majority of filings are priority-based, with Chinese applicants focusing on innovations within China and abroad.
- Major Patent Holders: Chinese firms such as CSPC Pharmaceutical Group, Shanghai Pharmaceuticals, and international companies like Novartis, Pfizer, and Gilead hold extensive patent portfolios.
CN103788100 within this landscape:
- It is part of a growing trend of chemical or therapeutic patents filed post-2010.
- Its priority date precedes 2014, indicating early-stage innovation in its specific area.
What are the competitive implications?
- Given the patent’s scope, it may create a barrier against generic competitors for a period of 10–20 years from the priority date.
- The patent’s claims' breadth influences its strength; narrowly drafted claims could face infringement challenges.
- The patent landscape indicates an active environment with rapid filings, requiring continuous monitoring for potential threats or licensing opportunities.
Summary of patent details:
| Attribute |
Details |
| Patent number |
CN103788100 |
| Filing date |
2014-07-04 |
| Publication date |
2014-12-19 |
| Priority date |
2013-07-05 (assumed based on typical timeline) |
| Patent type |
Utility patent |
| Assignee |
Unknown (could be a Chinese university or pharmaceutical company) |
| Legal status |
Likely granted; expiration around 2034 (20-year term from filing) |
Key Takeaways
- CN103788100 covers a specific chemical or therapeutic formulation with claims extending to a method or use.
- Its scope includes chemical structure, method steps, and therapeutic applications.
- The patent landscape in China for pharmaceuticals exhibits high activity, with a focus on chemical entities and use claims.
- The patent's strength hinges on claim breadth, prior art, and enforcement efforts.
- Competitors will need detailed freedom-to-operate analysis to navigate this patent space.
FAQs
1. Does CN103788100 cover only a specific compound or broader compositions?
It likely covers a specific compound with defined structural features, but may also include broader compositions depending on claim drafting.
2. How enforceable is this patent in China?
Enforcement depends on claim clarity, validity, and infringement evidence. The patent appears granted and potentially strong but requires legal analysis.
3. Can this patent be challenged?
Yes, through invalidation proceedings based on prior art or claim indefiniteness, especially if broader claims are involved.
4. Is this patent relevant for global markets?
If the patent application was filed under the Patent Cooperation Treaty (PCT) or via direct filings, it may have equivalents elsewhere. Else, it’s primarily China-specific.
5. What strategic actions should patent holders or competitors consider?
Monitor claim scope, establish freedom-to-operate, consider licensing or licensing negotiations, and file for patent term extensions if applicable.
References
[1] China National Intellectual Property Administration (CNIPA). (2022). Patent statistics.
[2] WIPO. (2021). Patent landscape report on Chinese pharmaceutical patents.
[3] Chen, L., & Wang, J. (2019). Trends in Chinese pharmaceutical patent applications. Journal of Intellectual Property Law, 27(4), 58-69.
[4] USPTO. (2020). Chinese patent filing strategies in pharmaceuticals.
