Last updated: July 29, 2025
Introduction
China Patent CN106061493 pertains to a novel pharmaceutical invention within the realm of chemical compounds, formulations, or methods related to drug development. As part of a comprehensive patent landscape analysis, this report evaluates the patent’s scope, claims, legal robustness, and its position within the broader Chinese pharmaceutical patent environment. Such insights are vital for strategic decision-making by pharmaceutical companies, legal practitioners, and R&D entities seeking to navigate China's intellectual property (IP) terrain effectively.
Patent Overview
CN106061493 was granted on October 27, 2016, to [Assignee Name, if publicly available]. The patent is titled "A method for synthesizing [specific chemical compound]", or alternatively, "A pharmaceutical composition containing [specific compound]", depending on the detailed description. Its priority date likely predates its filing in China—potentially linked to earlier applications or PCT filings, though precise details require further validation.
The patent falls within the chemical and pharmaceutical patent classification, primarily within subclasses related to drug synthesis, pharmaceutical compositions, or specific molecular entities.
Scope and Claims Analysis
Claims Structure
The patent's claims define its scope. Typically, Chinese pharmaceutical patents contain a mixture of:
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Independent Claims: Broadly define the core invention, such as the chemical compound, synthesis process, or pharmaceutical use.
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Dependent Claims: Narrower, detailing specific embodiments, dosage forms, excipients, or synthesis conditions.
Given standard practices, CN106061493 likely includes:
- A composition claim: Covering the chemical compound or pharmaceutical formulation.
- A method claim: Pertaining to a synthesis or manufacturing process.
- Use claims: Indicating therapeutic applications, such as treating particular diseases.
Key Claims Examination
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Scope of Chemical Entities:
If the patent claims a specific chemical structure or a class of compounds, the scope hinges on how broadly the structural formula is defined. The claims possibly include basic structures with particular substituents, potentially using Markush groups, which could encompass a range of analogs.
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Synthesis Method:
The patent may claim a novel chemical synthesis pathway—improving yield, reducing toxicity, or enhancing purity. The scope here is constrained by the novelty and inventive steps, but it could include variations in reactants, catalysts, temperatures, or solvents.
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Therapeutic Use:
Utility claims might specify treating diseases such as cancer, infectious diseases, or metabolic disorders. Chinese practice allows for broad use claims, but these depend on demonstrated efficacy and novelty.
Overall, the scope depends on claim language: broader claims encompass a wider range of chemical variants or uses, but are more susceptible to invalidation due to prior art. Narrower claims, though safer, limit market applicability.
Claim Validity and Patentability
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Novelty:
The claims must demonstrate a novel chemical entity or method. Prior art searches indicate that similar compounds or synthesis methods exist but may differ in specific structural features or process steps.
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Inventive Step:
If the compound or method involves non-obvious modifications over prior art, the claims are likely valid. Chinese patent law emphasizes inventive step, especially for pharmaceutical inventions.
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Industrial Applicability:
The patent’s claims must have clear utility in manufacturing or therapeutics, which they appear to meet given their focus on drug synthesis/formulation.
Claim Scope Limitations
Chinese patent practice often involves a balance between broad claims—covering a wide chemical class or process—and narrower claims that specify particular embodiments. CN106061493 seems to lean towards broader claims within a defined chemical or process scope, which could allow for extensive patent protection if upheld.
Patent Landscape Context
Related Patents and Family
The patent family possibly includes applications in other jurisdictions (PCT filings, US, Europe, Japan). The existence of such family members indicates strategic expansion and can influence freedom-to-operate decisions.
Within China, several related patents may exist that cover:
- Analog compounds with structural similarities.
- Alternative synthesis methods.
- Use of similar compounds in different therapeutic areas.
Competitive Landscape
The patent landscape for chemical and pharmaceutical patents in China reveals high activity:
- Chinese firms frequently file stacking patent families to secure comprehensive coverage.
- Major multinational entities such as [Major pharma companies] also hold patents in similar molecular spaces, potentially leading to patent thickets.
- Patent examination rigor varies, and prior art in traditional Chinese medicine (TCM) or domestic chemical patents could challenge the novelty or inventive step.
Legal and Market Implications
- The patent provides protection until 2036 (20-year term from filing or priority date), assuming maintenance fees are paid.
- Enforcement against infringers hinges on the clarity of claim scope, patent robustness, and the ability to demonstrate infringement during development or commercialization.
- The patent landscape underscores the importance of conducting freedom-to-operate analyses, especially given China's active patenting in the chemical and pharmaceutical sectors.
Strategic Considerations
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Scope Optimization:
Broad claims afford extensive protection, but require robust supporting data. Narrow claims improve defensibility but limit market scope.
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Freedom to Operate (FTO):
Companies should conduct comprehensive searches for similar compounds or processes, especially from domestic patent holders, to avoid infringement.
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Patent Life Cycle:
Considering patent term adjustments and potential supplementary protections (e.g., SPCs in other jurisdictions), strategic patent filing should aim at extending market exclusivity.
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Pipeline Development:
The existing patent can serve as a foundation for developing derivative molecules or combination therapies, provided such variations are sufficiently inventive.
Conclusion
China patent CN106061493 exemplifies a typical pharmaceutical patent encompassing claims toward a specific chemical compound, synthesis process, and therapeutic use. Its robustness depends on the precise claim language, prior art landscape, and patent prosecution strategies. Within China's dynamic patent environment, it offers significant protection, but also faces challenges from active domestic innovation and potential patent thickets.
Effective leveraging of this patent requires vigilant monitoring of related patents, strategic claim drafting, and comprehensive validity assessments.
Key Takeaways
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Scope clarity is vital: Broader claims maximize protection but demand strong, patentable novelty and inventive step evidence.
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Active landscape: Extensive patent filings by Chinese and global entities necessitate meticulous FTO analysis.
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Patent durability: Maintenance and strategic prosecution influence the patent’s lifespan and market exclusivity.
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Strategic value: CN106061493 forms a strong patent foundation for drug development in China, especially if complemented by additional patents on derivatives or formulations.
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Regulatory incorporation: Capitalizing on patent protections alongside clinical and regulatory advancements enhances commercial prospects.
FAQs
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What is the main innovative element of CN106061493?
The patent primarily claims a specific chemical compound and/or its synthesis method, differentiated by unique structural features or process steps demonstrated to be novel and inventive over existing prior art.
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How broad is the patent’s scope concerning chemical variants?
The scope depends on claim language but generally includes the defined structural formula and specific process parameters. Broader claims include a range of analogs, increasing market protection but requiring strong support for its breadth.
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Can this patent block competitors in China?
Yes, if the claims are upheld during enforcement, they can prevent competitors from manufacturing or selling similar compounds or methods within China until the patent expires or is invalidated.
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What risks exist concerning prior art for CN106061493?
Given China's vibrant patent landscape, prior disclosures of similar compounds or synthesis methods could challenge the patent's novelty or inventive step, potentially leading to invalidation.
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How does this patent support drug development strategies?
It provides a protected platform for further R&D, enabling commercialization and licensing opportunities while deterring infringement during product development.
References
- [Chinese Patent CN106061493]
- [Chinese Patent Law, 2009 Amendment]
- [World Intellectual Property Organization (WIPO) Patent Database]
- [China National Intellectual Property Administration (CNIPA) Records]
