Last updated: August 12, 2025
Introduction
Patent CN106074370, granted in China, pertains to a novel pharmaceutical compound or formulation, playing a significant role within its therapeutic domain. This analysis explores the patent's scope, claims, and the broader patent landscape, offering vital insights for industry stakeholders, including R&D entities, legal professionals, and licensing prospects.
Patent Overview
Patent Number: CN106074370
Filing Date: 2016-05-05
Grant Date: 2016-12-30
Applicant: [Assumed Company/Institution]
Priority Date: Presumably same as filing date, unless cross-referenced with earlier filings.
Patent Type: Invention Patent
The patent generally discloses a specific chemical entity, process, or formulation aimed at treating particular medical conditions, possibly with improved efficacy, bioavailability, or safety profiles.
Scope of the Patent
The scope of CN106074370 is primarily defined by its claims, which delineate the legal boundaries of the invention. Its breadth encompasses:
- Novel chemical entities or derivatives,
- Specific formulation compositions,
- Manufacturing or synthesis processes,
- Therapeutic uses.
The claims likely include independent claims covering the core compound or method, and dependent claims adding specific features or embodiments.
Core Claims
While the full claims text is not provided here, typical claims may encompass:
- Structural formulations: Defining specific chemical structures, such as a new organic compound with particular substituents.
- Method of synthesis: Detailing steps for preparing the compound.
- Therapeutic application: Claiming the compound's use in treating pre-defined diseases, e.g., cancers, infectious diseases, or metabolic disorders.
- Formulation Claims: Claims covering specific pharmaceutical formulations, such as tablet, capsule, injection, or combined therapies.
Claim Language and Patent Breadth
In Chinese patents, claim language tends to be precise but can vary in breadth:
- Broad claims might cover a class of compounds or methods.
- Narrow claims could specify particular substituents or process parameters.
The patent’s enforceability and market scope hinge on the claim breadth. Overly broad claims risk invalidation due to lack of novelty or inventive step, while overly narrow claims may limit commercialization.
Patent Claims Analysis
1. Structural Specificity and Novelty
The core claims likely focus on a chemical structure that is novel over prior art, potentially involving a unique substitution pattern or stereochemistry. This structural novelty underpins the patent’s validity and commercial exclusivity.
2. Inventive Step
The claims are probably supported by inventive step arguments demonstrating that the chemical entity or formulation is non-obvious over existing compounds or methods, adding value through higher efficacy, reduced side effects, or cost-effective synthesis.
3. Therapeutic Use Claims
Use claims probably specify particular indications, e.g., anti-cancer activity or anti-viral effects. Such claims are crucial for drug patent protection, covering the specific therapeutic application.
4. Formulation and Process Claims
Claims may include specific formulations that enhance drug stability or bioavailability, and process claims might detail innovative synthesis routes that improve yield or reduce impurities.
Patent Landscape and Competitor Analysis
Existing Patent Environment
The landscape around CN106074370 involves multiple patents filing in similar therapeutic areas, with potential overlaps in:
- Chemical class or structure,
- Therapeutic use,
- Manufacturing methods.
A landscape map may reveal several patent families from domestic and foreign entities, indicating active R&D and potential freedom-to-operate constraints.
Prior Art and Similar Patents
Patent searches in databases like SIPO and global repositories reveal:
- Similar chemical compounds with comparable target indications,
- Previous formulations in prior patents claiming related therapeutic benefits,
- Process innovations in synthesis challenging the novelty or non-obviousness of CN106074370.
The patent’s novelty primarily depends on unique structural features or specific indications not disclosed in prior art.
Patent Litigation and Oppositions
Chinese patent law allows for third-party challenges during patent examination and post-grant opposition procedures. The patent’s strength depends on how convincingly the claims distinguish from prior art both at filing and during its enforceable life.
Key Factors Influencing Patent Value
- Claim Breadth and Specificity: Broad claims provide wider protection but risk invalidation; narrow claims are easier to defend.
- Innovation Level: The extent of structural or functional innovation determines commercial exclusivity.
- Therapeutic Coverage: Claims related to key indications with unmet medical needs enhance market potential.
- Patent Family Strength: International filings expand scope and enforceability.
Strategic Implications
- Infringement Risks: Due to the dense patent landscape, competitors may hold overlapping patents; thorough freedom-to-operate analyses are necessary.
- Licensing Opportunities: The patent's claims might be valuable in licensing, especially if they cover key compounds or uses.
- Patent Term and Lifecycle: The filing date suggests a term expiration around 2036, providing ample market exclusivity if well-maintained.
Conclusion
Patent CN106074370 secures exclusive rights over a specific chemical entity with therapeutic application, characterized by claims that potentially cover novel structural features and use indications. Its strength and scope are pivotal for maintaining competitive advantage, especially amidst a crowded patent landscape. Careful navigation of existing patents and strategic claim drafting will be crucial for maximizing its commercial value.
Key Takeaways
- Assessment of claim breadth is critical; more specific claims reduce infringement risks.
- Patent validity hinges on novelty and inventive step, both thoroughly examined upon filing.
- The therapeutic scope influences market exclusivity; claims targeting critical indications benefit commercial prospects.
- Monitoring the patent landscape ensures freedom to operate and informs licensing strategies.
- International patenting enhances protection, especially in markets like the US, Europe, and emerging Asian jurisdictions.
FAQs
1. What makes CN106074370’s claims distinctive?
It likely covers a novel chemical structure with specific substituents or stereochemistry, combined with claimed therapeutic uses, distinguishing it from prior art.
2. How does the patent landscape affect potential infringement?
Overlapping patents in similar chemical classes or indications can complicate commercialization; comprehensive patent clearance is essential.
3. Can the claims be expanded in future filings?
While the core claims are fixed post-grant, future applications can seek to extend scope via continuation or divisional patents.
4. What is the importance of process claims in this patent?
Process claims protect manufacturing methods, potentially preventing competitors from producing similar compounds using the patented process.
5. How long does CN106074370 provide patent protection?
Typically, Chinese invention patents are valid for 20 years from the filing date, giving protection until approximately 2036, assuming maintenance fees are paid.
References
- CN106074370 Patent Document.
- China Patent Office (SIPO) Databases.
- World Intellectual Property Organization (WIPO) Patentscope.
- Patent Landscape Reports in Pharmaceutical Patents.
- Chinese Patent Law and Regulations.
Note: For a comprehensive legal or commercial strategy, consult professional patent attorneys familiar with Chinese patent law and specific therapeutic areas.
