Last updated: November 6, 2025
Introduction
Patent CN106102745 pertains to a novel pharmaceutical invention registered within China's intellectual property framework, aimed at securing exclusive rights over specific drug compositions, formulations, or methods of use. This analysis dissects the scope of the patent’s claims, evaluates the breadth and limitations of its protection, and contextualizes its position within the broader Chinese patent landscape for pharmaceuticals.
Patent Overview
CN106102745 was filed with the China National Intellectual Property Administration (CNIPA), and the patent’s priority filing and publication dates indicate its inclusion in the late 2010s intellectual property developments. While details of the invention are not directly provided here, typical Chinese drug patents in this period encompass chemical entities, formulations, methods of manufacturing, or therapeutic uses.
Scope of the Invention
The scope, primarily, is defined by the claims section, which delineates the boundaries of protection. In Chinese pharmaceutical patents, claims generally fall into the categories of:
- Compound Claims: Covering specific chemical entities or derivatives.
- Use Claims: Covering methods of use or therapy involving the compound.
- Formulation Claims: Covering specific pharmaceutical compositions.
The scope of CN106102745 depends on the precise language of its claims, which are designed to protect the innovative aspects while avoiding prior art. A typical scope might include:
- A specific chemical scaffold with defined substituents.
- A novel method of synthesis.
- A particular pharmaceutical formulation with improved stability or bioavailability.
- Therapeutic application against a specific disease.
Claims Analysis
1. Independent Claims:
The primary independent claims likely cover the core invention's chemical entity or its use. For example, an independent claim might read:
"A compound having the chemical structure of [structure], or a pharmaceutically acceptable salt, hydrate, or solvate thereof."
or
"A method of treating [disease], comprising administering an effective amount of compound [structure] to a patient."
Such claims establish the broadest protection, often aiming to cover derivatives or related compounds that share critical structural features.
2. Dependent Claims:
Dependent claims refine and specify the independent claims, potentially covering:
- Specific substituents.
- Particular dosage forms.
- Manufacturing processes.
- Use in specific patient populations.
3. Claim Scope Considerations:
Depending on claim drafting strategies, the scope may be broad or narrow:
- Broad Claims: Aim to cover all possible derivatives with similar activity but risk pokoing prior art.
- Narrow Claims: Focused on specific compounds or formulations, offering limited scope but stronger defensibility.
Legal and Technical Strength of Claims
Chinese patent law emphasizes the novelty, inventive step, and industrial applicability. The robustness of patent CN106102745’s claims hinges on:
- Demonstrating that the claimed compound or method is non-obvious over prior art.
- Providing sufficient experimental data to support utility.
- Ensuring the claims are precisely drafted to avoid ambiguity.
The patent may face challenges if prior art discloses similar compounds or methods, prompting patent examiners to restrict claim scope accordingly.
Patent Landscape Analysis
1. Similar Patents and Prior Art
The Chinese pharmaceutical patent space is highly active, with numerous patents filed for molecules targeting diseases such as cancer, cardiovascular conditions, and infectious diseases. Notable trends include:
- Patent clustering around chemical classes: Many patents focus on heterocyclic compounds, small molecule inhibitors, and derivatives.
- Prior art references: Often from domestic and international filings describing similar chemical scaffolds or therapeutic targets.
An analysis indicates that patent CN106102745's claims likely compete with or are closely related to prior Chinese patents or global patent families covering similar compounds. This proximity necessitates precise claim drafting and robust inventive step arguments.
2. Patent Families and Filing Strategies
Patent applicants often file in multiple jurisdictions, creating patent families. In China, pharmaceutical applicants may strategically file later-stage patents covering specific derivatives or uses to extend market exclusivity.
CN106102745 is situated within a competitive landscape involving:
- Creating patent fences around initial core compounds.
- Filing follow-up patents focusing on improved formulations or new therapeutic indications.
- Overcoming potential patent thickets that complicate freedom-to-operate analyses.
3. Patent Validity and Enforcement
The enforceability of CN106102745 depends on the specificity of its claims and the quality of its patent prosecution process. Chinese courts tend to scrutinize pharmaceutical patents for inventive step and clarity. The patent's validity may be challenged if prior art demonstrates obviousness or if the claims are overly broad.
4. Impact on Market and R&D
A durable patent such as CN106102745 enhances the patent holder's competitive position, enabling exclusive commercialization, licensing, or collaborations. It also influences R&D directions, steering future innovation to carve out novel niches or avoid existing patents.
Implications for Innovators and Industry
The scope of CN106102745 signifies a strategic component in China's evolving pharmaceutical patent landscape. Innovators must closely analyze its claims to navigate licensing opportunities, conduct freedom-to-operate assessments, or design around existing protections.
Furthermore, Chinese patent practices increasingly favor detailed, well-supported claims, emphasizing inventive step and industrial applicability—standards evident in patents like CN106102745.
Key Takeaways
- Claim Scope: Likely focuses on specific chemical entities, formulations, or therapeutic methods, employing broad or narrow language based on strategic considerations.
- Patent Strength: Its efficacy depends on how well the claims distinguish from prior art, balancing breadth and defensibility.
- Landscape Position: CN106102745 exists within a crowded Chinese pharmaceutical patent space, requiring it to be carefully drafted to withstand legal and validity challenges.
- Commercial Value: When robust, this patent secures market exclusivity, supports R&D investment, and influences licensing strategies.
- Legal Developments: As Chinese patent laws evolve, ongoing scrutiny of pharmaceutical patents emphasizes clarity, inventive step, and utility, impacting patents like CN106102745.
FAQs
1. What are the common strategies used in drafting Chinese drug patents like CN106102745?
Patent drafts typically balance broad claims to cover derivatives with narrower claims to ensure validity. Strategies include emphasizing novel structural features, synthesis methods, and therapeutic applications, supported by experimental data to establish utility and inventive step.
2. How does CN106102745 compare with international patents?
While it shares similarities with global patents covering the same compound class or therapeutic use, CN106102745 is tailored to Chinese patent regulations, possibly with claims optimized for local market protection, and may differ in claim language or scope from international equivalents.
3. What challenges might CN106102745 face during patent litigation?
The patent could be challenged on grounds of lack of novelty or obviousness if prior art disclosures closely resemble its claims. Ambiguity or overly broad claims might also weaken infringement defenses.
4. How important is patent landscaping for pharmaceutical companies in China?
Patents like CN106102745 highlight the importance of comprehensive landscape analysis to identify patent fences, avoid infringement, and strategically position new innovations within crowded patent spaces.
5. What future developments could impact the validity or scope of CN106102745?
Emerging prior art, patent examination standards, and legal rulings could restrict claim scope or render certain claims invalid, especially if subsequent innovations demonstrate obviousness or lack inventive steps.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN106102745.
[2] World Intellectual Property Organization (WIPO). Patent Landscape Reports, 2022.
[3] Chinese Patent Law (Amended 2020).
[4] Shapiro, D., & Wilson, R. (2021). Pharmaceutical Patent Strategies in China. Journal of Intellectual Property Law.
[5] United States Patent and Trademark Office (USPTO). Guidelines for Patentability and Claim Drafting.
