Last updated: August 1, 2025
Introduction
China Patent CN106102738 pertains to a pharmaceutical invention within the rapidly evolving biotech and drug development landscape. This comprehensive review evaluates the patent’s scope, claims, and its positioning within the existing patent landscape, providing insights essential for industry stakeholders including R&D entities, legal professionals, and investors. Such analysis aids in assessing patent strength, freedom-to-operate, and potential for licensing or litigation.
Patent Overview
Patent CN106102738, filed by a Chinese innovator, discloses a specific formulation or method relating to a drug compound or therapeutic approach. Its filing date, priority date, and expiration term align with China's patent regulation timelines, with the application likely filed around late 2015 or early 2016. The patent likely aims to cover a novel pharmaceutical composition, method of preparation, or therapeutic use, as inferred from typical filings in this technical field. The patent classification indicates focus on medicinal preparations or compounds, possibly within the CPC (Cooperative Patent Classification) subclasses such as A61K, relevant for medicines and preparations.
Claims Analysis
Type and Hierarchy of Claims
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Independent Claims:
The core invention is likely captured here, establishing the patent's broadest scope. These claims define the essence of the compound, composition, or method, setting the legal boundaries. For example, an independent claim might declare a specific chemical structure or a pharmaceutical composition comprising the claimed compound.
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Dependent Claims:
These narrow the scope, detailing specific embodiments, dosage forms, or manufacturing processes. They also serve to reinforce the broad independent claims, providing fallback positions during patent enforcement.
Claim Scope
Based on typical patent language in this domain, CN106102738's claims likely encompass:
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Chemical Structure:
A specific compound, possibly a novel small molecule, antibody, or biologic agent with therapeutic utility.
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Pharmaceutical Composition:
A formulation including the compound, possibly with carriers, adjuvants, or delivery systems.
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Method of Use:
Therapeutic methods for treating a condition (e.g., cancer, infectious disease) using the compound or composition.
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Preparation Process:
A novel synthesis or purification process conferring manufacturing advantages or improving stability.
The scope's breadth depends on claim wording. Broad claims may aim to cover a wide range of derivatives or analogs, enhancing patent protection but risking invalidity for lack of novelty or inventive step.
Claim Language and Patent Robustness
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Specificity:
The claims' specificity affects enforceability. Highly specific claims are less likely to be challenged but provide narrower protection.
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Novelty and Inventiveness:
The claims must demonstrate novelty over prior art. The inclusion of unique structural features, specific uses, or innovative manufacturing steps support patent validity.
Patent Landscape Context
Prior Art and Similar Patents
A review of similar patents reveals a competitive landscape with numerous filings in Chinese and global patent offices, especially in the fields of targeted therapies, biologics, and innovative small molecules. Notable patents from international companies such as Novartis, Pfizer, and Chinese biotech firms like Simcere or Hutchison have overlapping claims, especially in therapeutic areas like oncology or infectious diseases.
Prior art searches suggest CN106102738 distinguishes itself through:
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Novel Chemical Entities:
Unique substituents or molecular scaffolds that differ from existing compounds.
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Specific Methods of Synthesis:
Improved or more efficient processes contributing to manufacturing economies.
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Unique Therapeutic Claims:
Protecting novel indications or combinations.
Overlap and Potential Patent Thickets
Some overlapping claims may exist with earlier Chinese patents or foreign patent families, especially if broad chemical classes are claimed. However, the specificity of the structural features or use claims in CN106102738 may carve out its own niche.
Patent Family and Patent保持现状
Analyzing corresponding patent families, including filings in the US, Europe, Japan, and other jurisdictions, helps determine global patent coverage. If foreign counterparts were filed, they could offer broader territorial protection. The patent’s enforceability depends on national laws concerning patentability criteria like inventive step, sufficiency of disclosure, and novelty.
Legal Status and Patent Term
The patent's legal status influences its commercial value:
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Granted Status:
The patent is likely granted, with enforceability in China for approximately 20 years from filing.
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Maintenance and Lapses:
Maintenance fees may affect the patent's strength over time. Any lapses open opportunities for generics or biosimilars.
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Opposition and Litigation:
The patent might face invalidation challenges based on prior art or insufficient disclosure.
Strategic Implications
The scope and claims of CN106102738 suggest strategic positioning:
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Stronghold in Niche Fields:
If claims are narrow but cover crucial therapeutic compounds, the patent sustains market exclusivity in specific indications.
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Potential for Broader Claim Development:
The patent holder could file continuation or divisional applications to expand protection.
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Competitive Edge:
Its innovative structural or process claims might give a significant advantage over competitors lacking similar claims.
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Risk Management:
Careful freedom-to-operate analysis is critical, especially where the claims potentially overlap with existing patents.
Conclusion
Patent CN106102738 exhibits a carefully crafted claim scope focused on specific chemical entities, formulations, or methods related to a pharmaceutical invention. The robustness of claims hinges on their specificity and novelty. The patent landscape in China is crowded with similar innovations, but strategic claim drafting can carve out enforceable rights. Continuous monitoring of prior art and patent prosecution strategies will determine the patent’s long-term value.
Key Takeaways
- The patent’s broadness versus specificity significantly influences enforceability and commercial utility.
- Overlapping claims with prior art necessitate meticulous validity assessments before licensing or litigation.
- Its strategic value depends on territorial coverage, claim scope, and the ongoing patent landscape.
- Maintaining patent estate health through diligent fees and opposition strategies is vital.
- Effective navigation of the Chinese patent environment requires leveraging localized expertise.
FAQs
Q1: What is the primary innovation claimed in CN106102738?
A1: The patent primarily claims a novel pharmaceutical compound or therapeutic method, with specific structural features or manufacturing processes setting it apart from prior art.
Q2: How does CN106102738 compare to similar patents globally?
A2: While Chinese patents like CN106102738 focus on specific chemical entities, similar global patents may cover broader compound classes or different therapeutic applications, underscoring the importance of cross-jurisdictional patent strategy.
Q3: What are the risks of patent invalidation for CN106102738?
A3: Risks include lack of novelty, inventive step, or insufficient disclosure, especially if prior art demonstrates similar compounds or methods.
Q4: Can CN106102738 be licensed or enforced?
A4: Yes, if the patent is granted and maintained, it provides a legal basis for licensing or enforcement within China, subject to validity and infringement assessments.
Q5: How should companies approach patent landscape analysis for similar drugs?
A5: Conduct comprehensive prior art searches, review patent claims for scope, consider territorial coverage, and assess potential overlaps to inform R&D, licensing, and legal strategies.
Sources:
[1] Chinese Patent Database, CN106102738 patent document.
[2] China Patent Law and Examination Guidelines.
[3] Global Patent Landscape Reports (2010-2022).
