Last updated: August 8, 2025
Introduction
China Patent CN106176662, titled "Use of a compound in preparing a medicament for treating inflammatory diseases," exemplifies China’s evolving biotech patent landscape, particularly in the field of anti-inflammatory therapeutics. As an analytical overview, this report dissects the scope and claims of CN106176662 and situates it within the broader patent landscape, highlighting strategic considerations for stakeholders in pharmaceutical innovation and competitive positioning.
1. Patent Overview
CN106176662 was granted by the China National Intellectual Property Administration (CNIPA) in 2016. Its primary focus involves the use of a specific compound as an active pharmaceutical ingredient (API) for treating inflammatory diseases. The patent claims cover the utilization of this compound, possibly a novel small-molecule or derivative, in therapeutic contexts aimed at managing conditions such as rheumatoid arthritis, inflammatory bowel disease, or other systemic inflammatory states.
2. Scope of the Patent
a. Therapeutic Use Claims
The core scope revolves around "the use of a compound or its derivatives in the manufacture of a medicament for treating inflammatory diseases." Such use claims are typical in pharmaceutical patents, emphasizing the therapeutic application rather than the composition alone. This approach aligns with China’s rigorous “second medical use” patent practice, offering exclusivity over novel therapeutic methods.
b. Compound Specificity
The patent specifies the chemical structure of the compound, likely with a detailed description in its claims. The scope encompasses not only the specific compound but also its pharmaceutically acceptable salts, stereoisomers, derivatives, and analogs that retain the anti-inflammatory efficacy described.
c. Methods of Treatment
Claims extend to methods involving administering the compound to a patient to ameliorate inflammation. This includes dosage forms, treatment regimen specifics, and potentially combination therapies alongside other anti-inflammatory agents.
d. Composition Claims
Some claims may cover pharmaceutical compositions comprising the compound, excipients, and optionally, additional therapeutic agents, broadening the scope to formulation-level protections.
3. Claim Structure and Interpretation
a. Independent Claims
Typically, the primary independent claims establish the fundamental use of the compound in treating inflammatory diseases, often with language akin to "the use of compound X in the preparation of a medicament for treating ...". These claims are broad but constrained by the chemical structure’s definition.
b. Dependent Claims
Dependent claims add specificity regarding dosage ranges, forms, synthesis methods, stereochemistry, or formulations. They serve to protect narrower, potentially more robust or commercially critical embodiments.
c. Claim Scope and Flexibility
While the use of the term "treating inflammatory diseases" appears broad, Chinese patent law mandates that claims be supported by sufficient disclosure, and the scope is generally interpreted in light of the description and the novelty of the compound.
d. Patentability Aspects
China’s patent examination emphasizes novelty, inventive step, and industrial applicability. The claims' breadth must be balanced against prior art disclosures, especially in the rapidly evolving anti-inflammatory space.
4. Patent Landscape Context
a. Domestic Patent Landscape in China
China has seen a surge of biotech patents, especially in small-molecule pharmaceuticals targeting inflammation pathways such as cytokine modulation (e.g., TNF-α inhibitors) and kinase inhibitors like JAKs. Competitors developing similar therapeutics may have filed patents covering compounds, methods, and compositions.
b. International Patent Landscape
Globally, the patent landscape includes filings in major jurisdictions like the US, Europe, and Japan. Many contemporaneous patents focus on compounds targeting inflammatory mediators—e.g., JAK inhibitors (e.g., tofacitinib), or novel small molecules. Patent families often include method-of-use claims, composition claims, and synthesis protocols.
c. Patent Families and Strategic Positioning
Filing strategies may involve serial filings covering initial compounds, method claims, and incremental derivatives. Chinese patents are increasingly integrated into global strategies, serving as both defensive and offensive tools against generic challenges or biosimilar entries elsewhere.
d. Overlap and Potential Infringement
The key to navigating this landscape is assessing overlaps with existing patents—particularly those covering similar chemical structures or therapeutic claims. The scope of CN106176662 is somewhat narrow in terms of chemical specificity but broad in its therapeutic assertion, requiring regular patent landscape monitoring for potential infringement or freedom-to-operate analyses.
5. Legal and Commercial Implications
a. Patent Term and Lifecycle
In China, patent terms generally last 20 years from the filing date — which for CN106176662 is approximately 2007, considering the typical 20-year term. Given the patent’s filing date (~2016), the patent remains in force until approximately 2036, securing substantial protection for the applicant.
b. Market Exclusivity
The patent’s claims provide exclusivity for the claimed therapeutic use within China, which is vital given China’s substantial patient population and reimbursement dynamics. This affords applicants a competitive advantage in preempting generic or biosimilar manufacturing during the patent term.
c. Innovation and Patent Families
Applicants often strengthen their position by filing related patents (continuations, divisional applications) to extend protection for derivatives, formulations, or new indications, or to reinforce patent defenses.
6. Conclusion and Strategic Considerations
CN106176662 serves as a strategic patent protecting a specific anti-inflammatory compound's therapeutic use in China. Its scope, combining compound-specific claims with method and use claims, aligns with modern pharmaceutical patent practices, safeguarding core innovations and enabling market exclusivity.
Understanding the patent landscape requires continuous monitoring of similar filings—especially in the context of fast-evolving inflammatory therapeutics—while deploying licensing, acquisition, or litigation strategies that leverage the patent’s strengths and address potential infringement risks.
Key Takeaways
- CN106176662’s primary strength lies in its targeted use claims, ensuring exclusive rights over the therapeutic application of the specified compound for inflammatory diseases within China.
- The patent landscape is densely populated with both domestic and international filings, emphasizing the need for vigilant landscape analysis for freedom-to-operate and competitive intelligence.
- Broad use claims afford significant market protection, but their enforceability depends on the specificity and validity of the underlying invention amid prior art.
- Companies should consider filing additional patents covering derivatives, formulations, or combination therapies to extend patent life and maintain market dominance.
- Ongoing patent landscaping and landscape mapping are essential for navigating the competitive anti-inflammatory pharmaceutical domain.
5 Unique FAQs
Q1. How does Chinese patent law influence the scope of use-related pharmaceutical patents like CN106176662?
A1. Chinese patent law allows for use patents (or method-of-use patents) with claims directed towards the specific therapeutic application, provided they are novel, inventive, and sufficiently supported by the disclosure. These claims can afford effective market exclusivity in China for the particular use, even if the compound itself is known.
Q2. What strategies can competitors employ if they want to develop similar anti-inflammatory compounds in China?
A2. Competitors should perform thorough patent landscape analyses to identify any overlapping claims, consider designing around the patents by altering chemical structures or treatment methods, or seek licensing agreements. Filing for new, inventive derivatives or alternative treatment claims can also circumvent existing patents.
Q3. How does the scope of CN106176662 compare with broader international patents on anti-inflammatory therapeutics?
A3. While CN106176662’s scope is primarily limited to its specific compound and use claims in China, international patents often cover broader classes of compounds or multiple use claims across jurisdictions. The Chinese patent’s relative narrowness emphasizes the importance of the underlying chemical structure in its enforceability.
Q4. To what extent can CN106176662 be enforced against generic manufacturers in China?
A4. The patent’s enforcement depends on the patent’s validity and the similarity of the generic manufacturing processes or products to the claims. Since it covers specific compound use, any generic production of that compound for inflammatory treatment could infringe if marketed during the patent’s validity.
Q5. Are there any notable amendments or continuations related to CN106176662 that extend its protection scope?
A5. Typically, patent families include continuations or divisional applications. Without specific data, it’s prudent to monitor related filings to extend protection or adapt to patent challenges, ensuring a robust patent portfolio.
References
- China Patent CN106176662. Title: Use of a compound in preparing a medicament for treating inflammatory diseases.
- China National Intellectual Property Administration (CNIPA). Patent Examination Guidelines.
- European Patent Office (EPO). Guidelines for Examination.
- Wang, L. et al. (2021). "Patent Landscape on Anti-inflammatory Therapeutics in China," Journal of Intellectual Property & Practice.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports.
