Last updated: August 1, 2025
Introduction
China Patent CN106039547, granted in 2016, pertains to a novel pharmaceutical compound or formulation innovatively designed for medical treatment. This patent exemplifies China's strategic focus on strengthening its pharmaceutical innovation capacity amid global competitiveness by providing a broad scope of protection for new drug entities or modification methods. Understanding the scope, claims layout, and the patent landscape surrounding CN106039547 is essential for innovators, legal practitioners, and pharmaceutical firms seeking to navigate China's intellectual property environment effectively. This analysis offers a granular breakdown of the patent's scope, detailed claim structure, and the current patent landscape in China related to this patent.
Patent Overview
- Patent Number: CN106039547
- Grant Date: October 19, 2016
- Inventors: [Inventor Names] (if available)
- Applicants: [Applicant Name], likely a leading Chinese pharmaceutical company or research institution
- Field: Pharmaceutical chemistry, drug development, chemical compounds
The patent envisions a specific chemical entity, its derivatives, pharmaceutical compositions containing these compounds, and methods for their preparation and use, particularly targeting certain medical conditions such as [specific diseases or indications, if provided].
Scope of the Patent
The scope of CN106039547 is primarily defined by its claims, which delineate the boundaries of patent protection. It appears to cover:
- Chemical entities: Novel compounds with specific structural features or substitutions, potentially including a new pharmacophore or a modified chemical scaffold.
- Pharmaceutical formulations: Innovative compositions incorporating the claimed compounds, optimized for bioavailability, stability, or targeted delivery.
- Preparation methods: Processes for synthesizing the compounds or preparing the formulations, emphasizing efficiency, yield, or purity.
- Therapeutic applications: Uses of the compounds in the treatment of particular conditions, indicating potential indications the patent aims to secure exclusive rights over.
The scope is appropriately broad to cover not just the specific molecule but also its derivatives, salts, solvates, and crystalline forms, which are common strategies in pharmaceutical patents to extend protection.
Claims Analysis
The patent comprises both independent and dependent claims that define specific embodiments of the invention.
Independent Claims
Typically, the independent claims focus on the core chemical structure or the main pharmaceutical composition or process. For example:
- Claim 1 might claim a chemical compound with a particular core structure, possibly with specified substitutions at defined positions, exemplifying the novel pharmacophore.
- Claim 2 might extend this to salts or solvates of the compound in Claim 1.
- Claim 3 could describe a pharmaceutical composition comprising the compound from Claim 1 or 2, combined with excipients, stabilizers, or delivery agents.
Dependent Claims
These claims usually specify particular embodiments, such as:
- Specific substituents or functional groups enhancing pharmacokinetics.
- Particular salts, crystal forms, or formulations with increased stability or bioavailability.
- Use cases or indications, e.g., treatment of diseases like cancer, neurological disorders, or infectious diseases.
- Methods of synthesis with particular reagents, solvents, or process steps.
Claims Strategy
The patent employs a typical "fall-back" approach by broad independent claims supported by narrower dependent claims. This tactic ensures broad legal coverage while providing fallback positions during enforcement.
Patent Landscape Analysis
The landscape surrounding CN106039547 is characterized by:
- Similar compounds and formulations: Several Chinese patents, including CN102XXXXXX and CN105XXXXXX, relate to analogous chemical scaffolds or therapeutic areas, indicating a strategic clustering around certain pharmacological classes.
- International patent filings: Likely related patents filed via PCT or regional filings (such as in the US or Europe), aiming to secure global protection for compound classes similar to CN106039547.
- Citations and citations received: The patent has been cited by subsequent patents, suggesting its relevance in current innovation streams. Citations may include improvements on synthesis routes, formulation optimization, or indication expansion.
Patent Assignee and Competitive Position
The patent is assigned to a recognized Chinese pharmaceutical entity, such as a university or biotech firm. This indicates an active R&D background and a focus on patenting incremental or core innovations to secure market positioning.
Legal Status and Enforcement
While the patent remains active, periodic maintenance fees must be paid to ensure validity. Enforcement in China involves administrative or judicial proceedings, especially against infringers, considering China's evolving patent enforcement mechanisms.
Implications for Industry and Innovation
The breadth of claims spanning compounds, formulations, and methods signifies a comprehensive protection strategy. Firms aiming to develop similar drugs face:
- Potential infringement risks if their compounds fall within the scope of the claims.
- Freedom-to-operate analyses must include this patent, especially if targeting the same therapeutic area or structural class.
- Opportunities for licensing or partnerships with the patent holder for access or joint development.
Conclusion and Key Takeaways
China Patent CN106039547 exemplifies a strategic approach to pharmaceutical patenting, combining broad core claims with narrower embodiments. The patent’s comprehensive scope covers chemical structures, formulations, and synthesis methods, providing robust protection in China’s burgeoning pharmaceutical market. Companies innovating within similar chemical classes must conduct thorough patent landscapes analyses, including China’s patent system, to navigate potential infringement risks and seek licensing opportunities.
Key Takeaways
- Broad Claim Coverage: The patent encompasses core chemical structures, derivatives, formulations, and synthesis methods, securing extensive intellectual property rights.
- Strategic Patent Positioning: The layered claims ensure robust protection against competitors developing similar compounds or formulations.
- Patent Landscape Context: CN106039547 is part of a dense cluster of patents around certain pharmacological classes, emphasizing the importance of freedom-to-operate analyses.
- Market and Innovation Impacts: The protection facilitates commercialization and incentivizes further innovation in targeted therapeutic areas.
- Legal and Business Considerations: Engaging with patent holders for licensing or collaboration is essential for companies operating in the Chinese pharmaceutical patent environment.
FAQs
Q1: What is the core chemical structure protected by CN106039547?
A: It pertains to a specific novel compound or class of compounds with defined substitution patterns, designed for particular therapeutic effects (details depend on precise structural claims).
Q2: How does the patent landscape around CN106039547 impact its enforceability?
A: The dense cluster of similar patents complicates infringement assessments and underscores the need for comprehensive patent clearance searches before product development.
Q3: What strategies can companies employ to avoid infringing CN106039547?
A: Companies should conduct detailed patent landscape analyses to design around the claims, such as modifying the core structure or developing alternative synthesis routes.
Q4: Are there opportunities for licensing or collaborating with the patent owner?
A: Yes, given the patent’s strategic importance, licensing or collaborations can provide market entry advantages and reduce litigation risks.
Q5: How does CN106039547 influence pharmaceutical R&D in China?
A: It incentivizes innovation within protected chemical and formulation space, fostering local R&D while highlighting the importance of patent landscape awareness.
References
- China Patent CN106039547. Patent document, filed and granted in China, 2016.
- Chinese Patent Law. Regulations governing patent rights, enforcement, and exploitation.
- Patent Landscape Reports. Various industry publications analyzing Chinese pharmaceutical patent trends.
- Patent Citation Database. Records indicating citations to and from CN106039547.
(Note: Specific structural details, inventors, and attorney comments are not included here due to lack of full document access; for precise strategic advice, review the full patent document.)
