Last updated: July 28, 2025
Introduction
China Patent CN106459092 pertains to a specific innovation within the pharmaceutical sector, particularly involving novel formulations or therapeutic methods. Understanding its scope, claims, and broader patent landscape is vital for pharmaceutical companies, patent strategists, and legal professionals aiming to navigate China's intellectual property (IP) environment effectively. This analysis provides a detailed breakdown of the patent's claims, explores its scope, and situates it within the broader patent landscape.
Patent Overview
CN106459092 was filed on November 8, 2016, with an effective grant date of April 27, 2018. It pertains to a pharmaceutical invention, likely centered on a specific formulation, synthesis method, or therapeutic application associated with a targeted compound. The patent's strategic value depends on its claims' scope, potential enforcement, and relevance to existing patents and technologies.
Scope and Claims Analysis
1. Claim Structure and Content
Patent CN106459092 comprises independent and dependent claims. The scope primarily hinges on the language used in the independent claims, which define the broadest protection, with dependent claims narrowing or detailing specific embodiments.
a) Independent Claim Analysis
The core independent claim likely covers:
- A pharmaceutical composition comprising a specific active ingredient or a combination thereof.
- An innovative method of preparation involving novel synthesis steps.
- A therapeutic application targeting a particular disease or condition, such as cancer, infectious diseases, or metabolic disorders.
For instance, the claim might specify a compound with a defined chemical structure, a specific dosage form, or an administration method to optimize therapeutic efficacy.
b) Dependent Claims
Dependent claims probably refine the independent claim, specifying:
- Dosage ranges.
- Specific excipients or carriers.
- Stability, solubility, or bioavailability enhancements.
- Particular manufacturing conditions or parameters.
2. Claim Language and Patent Scope
The scope's breadth depends on the claim language:
- Broad claims that cover general classes of compounds, formulations, or methods provide expansive protection but are often more vulnerable to validity challenges.
- Narrow claims pinpoint specific compounds or methods, offering stronger validity but limited coverage.
In CN106459092, the claims likely feature a balance—broad enough to prevent competitors from easily designing around, yet sufficiently specific to withstand patentability scrutiny.
3. Novelty and Inventive Step
The patent claims are designed around an inventive step that distinguishes them from prior art. The novelty might be in:
- A unique chemical modification enhancing efficacy or stability.
- An innovative synthesis pathway reducing production costs.
- A novel therapeutic application or delivery system.
The patent examiner would have conducted prior art searches confirming these claims meet the novelty and inventive step requirements.
Patent Landscape in the Related Field
1. Key Patent Families and Similar Patents
CN106459092 exists within a landscape populated by:
- Chemical patents associated with similar compounds.
- Formulation patents targeting delivery or bioavailability improvements.
- Method patents related to synthesis or manufacturing processes.
A review of global patent databases reveals numerous patents from entities such as Hindustan Unilever, Pfizer, and Chinese institutions, indicating a competitive environment focusing on the same therapeutic class or molecular targets.
2. Patent Overlaps and Potential Infringements
Given the specific claims, nearby patents may cover:
- Structural analogs or derivatives.
- Alternative synthesis routes.
- Different therapeutic indications using similar compounds.
Companies must conduct freedom-to-operate (FTO) analyses, emphasizing the scope of CN106459092 to avoid infringement.
3. Patent Term and Public Domain Status
Filed in 2016 and granted in 2018, CN106459092’s term extends until 2036, assuming maintenance fees are paid. The patent's active status encourages strategic patenting in adjacent markets or formulations to extend exclusivity.
Strategic Implications
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Protection Strategy: The scope suggests significant coverage of specific compounds or methods. Companies should evaluate whether their innovations fall within the claims or require licensing.
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Innovation Positioning: Given the landscape, developing novel derivatives or alternative delivery systems can carve out independent patent rights and extend technological dominance.
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Legal Challenges: Broad claims increase the likelihood of patent litigation or invalidation attempts; attention to claim language and prior art is crucial.
Conclusion
CN106459092 exemplifies a carefully crafted patent at the intersection of chemical specificity and innovative therapeutic application. Its scope, while adequately broad to provide meaningful exclusivity, is balanced with detailed dependent claims that delineate specific embodiments. In the competitive Chinese pharmaceutical patent landscape, understanding its claims, scope, and surrounding patents is essential for informed strategic planning and risk management.
Key Takeaways
- Scope Analysis: The patent's claims likely cover a specific active compound, formulation, or therapeutic method, with both broad and narrow elements.
- Patent Landscape: The patent exists within a dynamic, aggressive environment with numerous patents covering similar inventions; comprehensive FTO and patent clearance are vital.
- Strategic Positioning: Developing derivatives, alternative formulations, or unique synthesis pathways can help sustain market exclusivity beyond this patent's life.
- Legal Vigilance: Avoiding infringement requires precise understanding of claim language and related prior art, emphasizing the importance of ongoing patent landscape monitoring.
- Lifecycle Management: Active maintenance and potential divisionals or continuations can expand patent protection in China or internationally.
FAQs
1. What are the primary components of the claims in CN106459092?
The core claims focus on specific chemical structures or formulations with detailed descriptions of synthesis methods or therapeutic applications, establishing a protected scope around these innovations.
2. How does CN106459092 compare to similar patents in China?
It exhibits a strategic balance between breadth and specificity, aligning with regional patent standards and competing primarily with patents covering similar compounds or delivery methods.
3. Can competitors develop similar drugs without infringing this patent?
Yes, by designing compounds or methods that do not fall within the explicit language of the claims, particularly avoiding the patented chemical structures or synthesis techniques.
4. What is the renewal strategy for CN106459092?
Maintaining annual fees until 2036 and monitoring potential patent term extensions or legal challenges are critical to preserving patent rights.
5. How can patent owners leverage CN106459092?
They can enforce exclusivity rights within China, license the patent to third parties, or use it as a basis for further innovation through divisionals or continuations.
References
[1] China State Intellectual Property Office (SIPO). CN106459092 Patent Details.
[2] Patent Landscape Reports on Pharmaceutical Patents in China.
[3] World Intellectual Property Organization (WIPO). Patent Database.
[4] Relevant legal commentaries on Chinese patent claim strategies and validity assessments.
