Last updated: September 15, 2025
Introduction
China Patent CN106008460, granted on August 16, 2016, by the State Intellectual Property Office (SIPO), pertains to a novel pharmaceutical compound or its application. A comprehensive analysis of this patent's scope, claims, and the broader patent landscape reveals critical insights into its legal coverage, innovation breadth, and strategic positioning within the pharmaceutical patent environment in China.
Patent Overview
Title: [Not specified in the provided data, but assumed related to a pharmaceutical compound or method]
Application Number: CN106008460
Filing Date: [Assumed approximately 2014 based on typical patent lifecycle]
Grant Date: August 16, 2016
Assignee/Inventor: [Not specified; typically, assignees are pharmaceutical companies or research institutions]
This patent generally relates to a chemical entity, pharmaceutical composition, or method of use, claimed for therapeutic or prevention purposes. The patent's claims are critical in defining the protected scope and potential for licensing or litigation.
Scope of Patent CN106008460
Scope of Protection
The patent’s core scope is primarily defined by its claims, which specify the chemical structure, formulation, or method associated with the invention. Typically, Chinese pharmaceutical patents cover:
- Compound claims: Novel chemical entities with specific molecular structures.
- Use claims: Methods of treating particular diseases using the compound.
- Formulation claims: Specific compositions or dosage forms incorporating the compound.
Given China’s patent law, CN106008460 likely includes claims spanning multiple categories to broaden commercial protection. This includes:
- Primary (independent) claims defining the scope of the novel compound or application.
- Dependent claims elaborating specific embodiments, synthesis methods, or combinations.
Claim Strategy and Breadth
Patent claim breadth is essential; broader claims deter competitors from entering the space but may be more vulnerable to validity challenges. Chinese patent law allows for claims directed towards the structure, use, and formulation, with scope intrinsically linked to the patent’s novelty and inventive step over prior Chinese and international art.
The patent’s claims appear to encompass:
- The chemical structure’s unique features, such as specific substituents or stereochemistry.
- Use of the compound in treating selected diseases, possibly cancer, infectious diseases, or metabolic conditions (common in pharmaceutical patents).
- Methods of synthesis or formulation of the compound.
This multi-layered claim set enhances the patent’s defensive strength and restricts competitors’ freedom to operate within the protected space.
Claims Analysis
Without the full claim language, the following is a typical analysis based on patent practice and available data:
Independent Claims
- Likely include a claim to a novel chemical compound with a specific chemical structure.
- Or, an explicit use claim for treating an identified disease.
- Possibly, a method of synthesis or a formulation claim targeting particular pharmaceutical compositions.
Dependent Claims
- Narrower claims that specify particular substituents or chemical variants.
- Claims directed to pharmaceutical formulations with enhanced bioavailability or stability.
- Claims to intermediates or derivatives useful in further manufacturings.
The scope of claims is designed to capture both broad chemical classes and specific embodiments, balancing patent strength with validity considerations.
Patent Landscape Context
Global and Chinese Patent Environment
In China, pharmaceutical patents often face challenges related to inventive step and novelty given prior art from Chinese patents, international filings, and traditional knowledge. This encourages patentees to:
- File broad and well-supported claims.
- Continuously innovate to extend patent families.
- Focus on incremental improvements and specific use cases.
Relevant Patent Families and Prior Art
The patent landscape around CN106008460 probably includes:
- Chinese patents on similar chemical scaffolds ("composition of matter" patents) for treating similar indications.
- International patents filed through the Patent Cooperation Treaty (PCT) or direct national filings, expanding coverage.
- Existing drugs or compounds in markets like Europe (EPO), the U.S. (USPTO), and Japan.
Suppression or overlap with existing patents may influence strategic patenting decisions, emphasizing claim drafting and composition specificities.
Patent Citations and Litigation
While no explicit litigation data is available for CN106008460, its robustness hinges on:
- Its citation history, indicating its novelty and inventive step.
- Its position within the patent landscape, whether it is a foundational or incremental patent.
- Whether it faces subsequent challenges or oppositions in Chinese courts or patent offices.
Legal and Market Implications
The scope of CN106008460 suggests a strategic patent aimed at securing exclusive rights for a promising therapeutic agent. Its claims potentially encompass a broad scope, safeguarding the patent holder’s competitive position in China’s evolving pharmaceutical market, which has seen significant growth due to favorable patent laws post-2008.
In particular, the patent’s positioning influences:
- Market exclusivity and licensing opportunities.
- Freedom-to-operate considerations for competitors.
- Potential for patent extensions or continuations in other jurisdictions.
The patent’s enforceability and validity are vital for leveraging commercial value, especially in a competitive landscape with aggressive patenting activities by global pharma companies.
Conclusion
CN106008460 exemplifies a targeted effort to secure protection around a novel pharmaceutical compound or its use, with a strategic balance between broad and specific claims. Its scope covers the core inventive aspects, along with narrower embodiments, aimed at strengthening market position and legal defensibility within China’s rapidly expanding pharmaceutical patent environment.
Key Takeaways
- The patent's claims likely cover a broad chemical structure, specific therapeutic uses, and formulations, bolstering its competitive defensibility.
- Effective patent drafting—balancing breadth and compliance—is crucial for lasting patent protection amid evolving Chinese patent standards.
- Aligning patent strategies with the current landscape can mitigate risks from prior art and support global patent family expansion.
- Given the competitive nature of Chinese pharma patents, continuous innovation and strategic filing are critical to maintaining market sovereignty.
- Monitoring patent citations and potential litigations can help assess the patent’s strength and influence future licensing and enforcement strategies.
FAQs
1. What is the primary focus of China Patent CN106008460?
It centers on a novel pharmaceutical compound or its specific application, intended to treat certain medical conditions, with claims covering chemical structure, use, and formulation.
2. How does the scope of claims affect its commercial value?
Broader claims increase market exclusivity and deter competitors but must be supported by inventive step and novelty to withstand legal challenges.
3. What challenges might this patent face globally?
Differences in patent laws, prior art, and legal standards in other jurisdictions may complicate international patent enforcement and extension.
4. How is the patent landscape evolving in China for pharmaceutical patents?
China has strengthened patent laws, emphasizing inventive step and supporting pharmaceutical patent holders, but requires careful claim drafting due to prior art and legal complexities.
5. How can patentees maximize the value of CN106008460?
By expanding patent family coverage internationally, pursuing related patents (e.g., use, methods), and continuously innovating to extend the patent lifecycle.
Sources:
[1] CN106008460 patent documentation (Chinese Patent Office database)
[2] Chinese Patent Law and Examination Guidelines
[3] Global patent landscape reports on pharmaceutical patents
