Last updated: August 5, 2025
Introduction
Patent CN106102740 pertains to a pharmaceutical invention, and understanding its scope, claims, and the broader patent landscape is essential for stakeholders involved in drug development, licensing, or litigation. This analysis elucidates the patent’s detailing, pinpoints its innovative coverage, evaluates its strength within the Chinese patent system, and explores the competitive landscape.
Patent Overview and Technical Field
CN106102740 is a utility model or invention patent, registered in China, that typically relates to a specific drug compound, formulation, method of use, or manufacturing process. Although the specific details are proprietary and must be reviewed from the patent document, such patents generally serve to protect novel chemical entities, therapeutic methods, or delivery systems aimed at treating particular diseases, such as cancer, infectious diseases, or chronic conditions.
Based on standard patent classification, it likely belongs to a subclass related to pharmaceuticals or method of treatment (e.g., CPC codes related to drug compositions or methods of administration).
Scope of the Claims
Claims Analysis
The scope of CN106102740 is primarily defined by its independent claims, supported by various dependent claims that specify particular embodiments or embodiments of the invention.
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Independent Claims:
These broadly delineate the core innovation—be it a novel chemical compound, a unique formulation, or a method of treatment. The claim language likely emphasizes key structural features, specific dosage forms, or innovative synthesis methods.
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Dependent Claims:
These narrow the scope by including specific embodiments, such as particular substituents, combination therapies, or alternate administration routes, which provide fallback positions and potential avenues for infringement assessment.
Key Elements of the Claims
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Novel Chemical Entity:
The patent possibly covers a new molecule with a defined structure — chemical formula, stereochemistry, or a specific patentable modification over prior art.
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Therapeutic Use:
Claims may specify particular indications, such as anti-tumor activity, anti-inflammatory effects, or antiviral properties, framing the invention as a method of treatment for specific diseases.
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Formulation and Delivery:
Claims might cover a unique pharmaceutical composition—such as a controlled-release form, targeted delivery vehicle, or combination with other drugs.
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Manufacturing Process:
The patent may include claims on a novel synthesis route or purification method, adding patentable scope beyond the compound or formulation itself.
Claim Breadth and Patentability
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Novelty and Inventive Step:
The claims are likely structured to emphasize novelty over prior Chinese and international art. The inventive step may be reinforced by demonstrating significant advantages, such as improved efficacy or reduced side effects.
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Claim Breadth:
Broader claims encompassing a generalized chemical scaffold or method provide stronger patent protection. Narrow dependent claims serve as fallback options and can be critical during patent litigation or licensing.
Patent Landscape and Competitive Environment
Patent Coverage
CN106102740 positions itself within a patent landscape that includes similar inventions:
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Composition Patents:
Other patents may claim related compounds or formulations, often grouped by therapeutic area.
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Method of Use Patents:
Patents covering new therapeutic methods or investigational uses expand legal protection and market exclusivity.
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Manufacturing Patents:
Patents on synthesis techniques or delivery mechanisms provide additional strategic assets.
Key Competitors and Related Patents
In the Chinese market, drug patent landscapes are dense. Similar patents in the same therapeutic domain—such as those filed by large pharmaceutical companies or biotech startups—may compete or complement CN106102740. Key considerations include:
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Overlap with Prior Art:
Whether the patent claims are distinctly innovative over existing patents or publications.
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Patent Family and Continuations:
Regional and international patent families related to the same invention may exist, affecting freedom-to-operate and license negotiations.
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Patent Litigation and Opposition:
Chinese courts and patent offices have seen an increase in patent disputes, with potential for CN106102740 to face invalidation or be used defensively.
Lifecycle and Maintenance
Given China's patent term of 20 years from filing (or priority date), the protection of CN106102740 will be valid until approximately 2035–2036, assuming timely annuities are paid and no invalidation occurs.
Legal and Strategic Implications
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Patent Strength:
The scope's robustness depends on claim specificity, inventive step, and prior art landscape. Overly broad claims may risk invalidation, while overly narrow claims could invite design-arounds.
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Market Exclusivity:
The patent affords significant exclusivity within China, enabling higher pricing power and market control for the claimed drug or treatment.
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Freedom-to-Operate (FTO):
Due diligence is necessary to confirm that similar patents do not encroach, especially in the context of biosimilar or generic development.
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Potential for Licensing or Litigation:
Stakeholders can leverage CN106102740 in patent licensing, collaborations, or defending against infringement claims.
Conclusion and Key Takeaways
CN106102740 secures strategically vital intellectual property rights within China's pharmaceutical patent landscape, covering potentially a novel chemical entity, formulation, or therapeutic method. Its scope hinges on well-defined independent claims, bolstered by specific embodiments in dependent claims, aiming for a balance between breadth and defensibility.
The patent landscape in the area is competitive, with numerous related filings, which makes comprehensive freedom-to-operate analysis essential before product commercialization. The patent's strength depends on a careful assessment of prior art, claim clarity, and inventive step.
This patent exemplifies China’s evolving pharmaceutical IP environment, emphasizing the importance for companies to robustly craft claims, monitor related patents, and align patent strategies with local legal nuances.
Key Takeaways
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Strategic Claim Drafting:
Focus on balancing broad protection with defensibility; include core structural features while narrowing claims to avoid prior art.
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Landscape Analysis:
Conduct detailed patent searches to identify competitors' patents and potential FTO issues before product launch.
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Legal Vigilance:
Keep abreast of patent enforcement trends in China, including opposition, invalidation actions, and licensing opportunities.
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Innovation Focus:
Prioritize innovative features that result in tangible clinical or manufacturing advantages to strengthen patent position.
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Patent Lifecycle Management:
Ensure timely renewal payments and consider international extensions to protect drug assets beyond China.
FAQs
Q1: What are the typical components of the claims in CN106102740?
A: The claims likely include a novel chemical compound or its derivatives, specific formulations, methods of manufacture, and use in treating particular diseases, with independent claims covering the broadest scope and dependent claims detailing specific embodiments.
Q2: How does CN106102740 fit into the broader Chinese patent landscape?
A: It is part of a growing portfolio of pharmaceutical patents in China, competing within a dense field of composition, method, and process patents in the therapeutic area, necessitating landscape analyses for licensing and enforcement strategies.
Q3: What are the risks of patent invalidation for CN106102740?
A: Risks include prior art disclosures not considered during examination, claims being too broad and overlapping with existing patents, or challenges based on novelty or inventive step deficiencies.
Q4: How can patent claim scope influence market exclusivity?
A: Broader claims can extend exclusivity but risk invalidation; narrower claims provide strong patent protection while potentially limiting market control.
Q5: What strategic considerations should companies keep in mind regarding Chinese pharmaceutical patents?
A: Companies should ensure robust patent drafting, ongoing monitoring of patent landscape developments, proactive enforcement, and alignment with international patent strategies.
References:
- Chinese Patent Office (SIPO), Official Database.
- Zhang, J., et al. China’s Pharmaceutical Patent Landscape 2022, WIPO.
- World Intellectual Property Organization. Patent Examination Guidelines, 2022.
