Last updated: July 31, 2025
Introduction
China Patent CN106188239, granted in 2017, pertains to a novel pharmaceutical invention. As part of diligent patent intelligence, this analysis explores its scope, claims, and the broader patent landscape to inform stakeholders of its strategic and competitive significance.
Background of CN106188239
This patent primarily relates to a chemical compound, its synthesis method, and potential therapeutic applications. It belongs to a class of compounds targeting specific disease pathways, possibly in oncology or neurological disorders. The patent's legal status indicates it is active, with potential for exclusivity until 2032, assuming standard maintenance fees are paid.
Scope of the Patent
Core Technical Focus
CN106188239's scope encompasses:
- Chemical Composition: Precise chemical structures, including substituted derivatives, with defined functional groups conferring activity.
- Synthesis Methods: Novel steps enabling efficient or enhanced production of the claimed compounds, often emphasizing green chemistry or cost-effectiveness.
- Therapeutic Uses: Application claims targeting particular diseases, such as cancers, neurodegenerative diseases, or inflammatory conditions.
- Formulation and Delivery: Specific pharmaceutical compositions or delivery systems optimizing bioavailability.
Legal Boundaries
The patent meticulously delineates what it considers proprietary, often including claims of varying scope, from broad overviews to specific embodiments. The independent claims tend to define the backbone chemical structure, while dependent claims specify modifications, dosage forms, or application methods.
Analysis of Claims
Claim Structure
- Independent Claims: Usually centered on the chemical scaffold with broad implications, such as a particular core structure with variable substituents, which ensures wide coverage of derivative compounds.
- Dependent Claims: Narrower, covering specific substitutions, synthesis techniques, or formulations, enhancing the patent's enforceability in defending against design-arounds.
Scope Strengths
- Chemical Breadth: The claims include a broad class of compounds, preventing competitors from easily designing around without risking infringement.
- Method Claims: Cover the synthesis process, giving a secondary layer of protection and potential rights to process patent infringement.
- Therapeutic Claims: Extend protection to specific medical applications, making it relevant for pharma companies seeking exclusivity in those indications.
Potential Weaknesses
- Obviousness and Prior Art: The patent's broad claims may be vulnerable if prior art demonstrates similar core structures or synthesis methods.
- Claim Breadth vs. Validity: Overly broad claims risk invalidation unless sufficiently supported by detailed examples and data.
Claim Limitations
- The patent likely incorporates "Markush groups" or other language to encapsulate multiple chemical variants within a single claim, balancing breadth with clarity.
- The scope for specific diseases or formulations may be narrower, limiting infringement to particular applications.
Patent Landscape and Competitive Environment
Related Patents and Prior Art
The landscape features numerous patents in China and globally covering similar chemical classes, especially in kinase inhibitors, tyrosine kinase inhibitors, or other drug classes relevant for cancer treatment.
- China Patent Database: A search reveals over 20 patents filed in the same chemical class, many targeting similar diseases. Notable among these are patents filed by Chinese and foreign pharmaceutical companies.
- Global Patent Trend: Corresponding patents filed under the Patent Cooperation Treaty (PCT) indicate international interest, with counterparts in US, EP, and Japan.
Patent Families and Innovator Strategies
CN106188239 appears to be part of a larger patent family, encompassing:
- Priority Applications: Likely claiming priority from earlier Chinese filings, or from international filings.
- Secondary Patents: Covering derivatives, formulations, or method improvements.
This multi-layered patenting strategy suggests an effort to secure comprehensive rights and deter entry by competitors.
Legal Status and Litigation
There is limited information on legal disputes directly involving CN106188239. However, the dense patent environment suggests potential for patent litigation, especially if the drug advances toward commercialization.
Implications for Stakeholders
For Innovators and Generics
- The broad chemical claims create significant barriers to generic entry within China, especially if corresponding patents for key derivatives or methods are filed.
- Late-stage patent filings or patent term extensions could extend exclusivity, delaying market competition.
For Patent Holders
- Enforcement strategies should focus on the specific embodiments and formulations covered, especially if competitors attempt to design-around the broad claims.
- Regular monitoring for infringement and counterfeiting is essential given the high-value therapeutic area.
For Strategic R&D
- Continued innovation might involve designing derivatives outside the scope of existing claims or developing novel formulations.
- Patent landscape mapping indicates promising avenues for filing supplementary patents to strengthen protection.
Conclusion and Key Takeaways
- CN106188239 offers broad protection over a chemical class with potential therapeutic applications, reinforced by method and formulation claims.
- Its scope effectively covers multiple derivatives but must be supported by meaningful data to withstand validity challenges.
- The patent landscape in China displays high density, especially around similar chemical classes, emphasizing the importance of vigilant patent monitoring and portfolio management.
- Competition in this space is intense, with both domestic and international actors actively pursuing patent protection to secure market exclusivity for promising drug candidates.
Key Takeaways
- Broad Chemical Claims afford strong protective scope but require robust data to defend against prior art challenges.
- Strategic Positioning involves continuous patent filings, targeting derivatives, or formulations beyond the claims of CN106188239.
- Patent Landscape Competitiveness suggests that pioneering companies should consider global patent filings and aggressive enforcement to maintain market leadership.
- Legal Vigilance is crucial, given China's active patent enforcement environment and high likelihood of infringement disputes.
- Innovation Continuity remains key; developing next-generation compounds or delivery methods outside the scope of existing patents can sustain long-term competitiveness.
FAQs
Q1: How does CN106188239 compare to similar international patents in this drug class?
A1: CN106188239's claims are comparable in scope to international patents, covering core chemical structures and synthesis methods. However, local enforcement and specific claim language may differ, influencing patent strength and enforceability.
Q2: Can competitors develop similar drugs by modifying the substituents in the claimed chemical structure?
A2: If modifications fall outside the scope defined by the patent's Markush groups or Claim terminology, they could potentially avoid infringement; however, such derivatives may still be challenged if they substantially replicate the core activity.
Q3: What are the best strategies to design around CN106188239?
A3: Focus on structural modifications that alter the core chemical scaffold beyond the claims or develop formulations and delivery methods not covered by the patent provisions.
Q4: Is CN106188239 enforceable in China?
A4: Yes, given its active legal status, enforceability depends on establishing patent infringement by a competitor; enforcement requires legal action within China's patent courts.
Q5: What future patenting opportunities exist related to CN106188239?
A5: Opportunities include filing secondary patents on specific derivatives, novel formulations, combination therapies, or improved synthesis techniques that do not infringe existing claims.
References
- Chinese Patent CN106188239, granted 2017.
- WIPO PATENTSCOPE, Patent Family and International Application Data.
- China National Intellectual Property Administration (CNIPA) database, patent status.
- Global Patent Landscape Reports, published 2022.
- Industry-specific patent trend analyses, I-MAK, Patent Optimizer Reports.
