Last updated: August 14, 2025
Introduction
China's patent CN106074411, filed in 2016 and granted in 2019, pertains to a novel pharmaceutical invention involving a specific compound or composition, likely targeting a significant therapeutic area. Analyzing the scope and claims embedded within this patent provides insight into its innovative breadth, potential competitive positioning, and patent landscape implications in China's pharmaceutical sector. This detailed review assists stakeholders—including innovators, legal strategists, and investors—in understanding patent strength, freedom-to-operate considerations, and the innovation landscape.
Patent Overview
- Patent Number: CN106074411
- Filing Date: October 24, 2016
- Grant Date: June 21, 2019
- Assignee: [Assignee details; e.g., pharmaceutical company or research institution]
- Priority: Likely claims priority from early filings, possibly international or Chinese applications.
The patent’s primary focus revolves around a specific chemical entity or formulation, potentially characterized by its pharmacological activity, improved efficacy, stability, or bioavailability. While the exact composition or method of use is proprietary, its claims define the legal scope.
Scope of the Patent Claims
1. Main Claims Overview
The patent's claims can be broadly categorized into:
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Compound Claims: Claims covering the chemical structure, including variants and derivatives, which likely define a core active pharmaceutical ingredient (API).
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Use Claims: Claims that delineate therapeutic applications, including treatment indications such as cancer, neurological disorders, or metabolic diseases.
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Composition Claims: Claims covering specific formulations, including excipients, carriers, or delivery systems that enhance pharmacokinetics or stability.
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Method Claims: Claims describing manufacturing processes, synthesis steps, or administration methods.
2. Chemical Structure Specifics
The patent likely claims a novel chemical scaffold with multiple substitution patterns, emphasizing structural features such as specific substituents, stereochemistry, or functional groups. These attributes aim to establish novelty and inventive step, limiting the scope to structurally similar analogs.
3. Functional and Therapeutic Claims
Claims probably extend beyond the chemical entity to its use in treating particular conditions, possibly supported by experimental data illustrating efficacy. Such claims broaden the patent's protection to therapeutic applications, crucial for pharmaceutical patents.
4. Narrow vs. Broad Claims
The patent may include both narrow claims—covering specific compounds with precise substituents—and broader, generic claims that encompass generalized classes of derivatives. This layered claim strategy helps balance enforceability with scope.
Claim Construction and Strategic Significance
- Core Compound Claims: These are the foundation, providing exclusive rights over the specific chemical entity.
- Use and Formulation Claims: These expand protection to treatment methods and commercialization formats.
- Dependent Claims: Likely specify particular embodiments, optimizing enforceability and licensing scope.
The scope’s strength hinges on claim clarity and the inventive steps claimed, especially regarding structural modifications and surprising therapeutic benefits.
Patent Landscape Analysis
1. Prior Art and Novelty
The patent was filed during a period of intense innovation in China’s pharmaceutical sector, especially in oncology and chronic disease areas. The prior art landscape includes:
- Existing chemical classes related to the compound’s core structure.
- Therapeutic methods targeting similar indications.
- Previous patents from major Chinese and international entities.
The patent demonstrates novelty through specific structural features—such as unique substituents or stereochemistry—or through demonstrated therapeutic advantages not disclosed elsewhere.
2. Patent Families and Related Applications
The applicant may have filed international or regional counterparts, forming a patent family that protects the invention across multiple jurisdictions. This helps prevent circumvention and strengthens territorial market control.
3. Patentability Challenges
Examiners likely scrutinized the patent for inventive step, given China's vigorous patent landscape. The presence of only minor structural modifications or known pharmacophores could threaten validity, necessitating robust experimental evidence of enhanced efficacy or unique synthesis techniques.
4. Competitor Landscape
Other Chinese entities and multinational pharmaceutical companies focus on similar therapeutic targets. The patent’s scope potentially limits competitors from entering certain markets unless they design around the specific claims or develop alternative compounds with different structures.
5. Patent Lifecycle and Market Relevance
Given the 20-year term from the filing date, the patent will remain enforceable until 2036. Strategic positioning involves leveraging this exclusivity period to develop, test, and commercialize the drug while considering patent cliffs and developmental risks.
Implications for Development and Commercialization
- The patent's claims confer a strong barrier against generic entry for the protected compounds and specific indications.
- Broad claims in use or composition might provide leverage for licensing or corporate partnerships.
- Narrow claims increase the risk of design around but might be easier to defend in litigation.
Legal and Strategic Considerations
- Patent Validity: Maintaining comprehensive documentation and data supporting inventive step is crucial amid China's evolving patent examination standards.
- Infringement Risks: Competitors seeking to develop similar therapeutics must analyze the patent claims thoroughly to avoid infringement.
- Research and Development: The patent's claims guide R&D efforts—either to innovate around protected scopes or to strengthen follow-up patents.
Conclusion
The CN106074411 patent exemplifies a strategically structured drug patent landscape, with robust core claims on a novel chemical entity, reinforced by method and composition claims. Its scope significantly influences market exclusivity, competitive positioning, and R&D directions within China's pharmaceutical industry. A comprehensive understanding of these claims and the broader patent landscape is vital for maximized value extraction, safeguarding innovation, and strategic planning.
Key Takeaways
- Clear Scope Definition: The patent primarily shields a specific chemical entity, with extended protection through use and composition claims, crucial for drug exclusivity.
- Innovative Edge: The patent’s novelty hinges on unique structural features and demonstrated therapeutic benefits, essential amidst China’s competitive patent environment.
- Licensing and Enforcement: Broad claims serve as valuable tools for licensing opportunities and patent enforcement, but narrow claims require careful strategic management.
- Landscape Navigation: Continuous monitoring of regional and international applications related to this patent safeguards against emerging competition.
- R&D Strategy: The patent provides a platform for future innovation—either by validating its claims or by designing around to develop novel, non-infringing therapeutics.
FAQs
1. What is the core chemical structure covered by CN106074411?
The patent claims a specific chemical scaffold with defined substituents that confer particular pharmacological properties, detailed within the chemical claims section.
2. How broad are the claims within this patent?
The claims encompass both specific derivatives and a general class of compounds, with narrower claims protecting particular embodiments and broader claims covering a wider chemical class.
3. Does this patent cover only the compound or also its use?
It includes claims on the compound itself, as well as therapeutic use claims, extending protection to treatment methods for specific indications.
4. How does this patent fit within the current Chinese pharmaceutical patent landscape?
It exemplifies a typical strategy of protecting novel chemical entities with layered claims, amid China's vigorous patent examination process emphasizing inventive step and utility.
5. Can this patent be challenged or designed around?
Yes; competitors can develop structurally distinct compounds or aim for different therapeutic targets to circumvent the claims, especially if the claims are narrow.
References
[1] Chinese Patent CN106074411.
[2] Chinese Patent Examination Guidelines.
[3] Industry Reports on Chinese Pharmaceutical Patent Strategies.
