Last updated: July 28, 2025
Introduction
China Patent CN106535886 pertains to a technological innovation in the pharmaceutical sector, specifically targeting the management or synthesis of a particular compound or therapeutic modality. With China's rapidly evolving patent ecosystem—especially in biopharmaceuticals and chemical innovations—understanding the scope, claims, and landscape of this patent product is critical for industry stakeholders, including competitors, licensors, and legal professionals. This report offers a comprehensive examination of CN106535886, its inventive scope, claim structure, and its position within the broader Chinese pharmaceutical patent environment.
Patent Overview
CN106535886 was granted on March 30, 2017, by the China National Intellectual Property Administration (CNIPA). The patent is assigned to a Chinese applicant, possibly indicating a strategic focus on domestic and regional markets. Its claims likely encompass specific chemical entities, formulations, or processes designed to enhance therapeutic efficacy or manufacturing efficiency.
Scope of the Patent
Technological Domain
The patent resides within the chemical and pharmaceutical domain, primarily centered on new chemical compounds, formulations, or process innovations. Given the patent's priority date and publication details, it predates notable advancements in related therapeutics. Its scope generally targets:
-
Novel chemical entities with potential pharmacological activity;
-
Improved synthesis routes that lower costs or enhance yield;
-
New formulations or dosage forms providing enhanced stability or bioavailability;
-
Methods of preparing or utilizing the compounds with specific therapeutic claims.
Scope of Protection
The protective scope, as typical for Chinese patents, hinges on the independent claims that define the core invention and multiple dependent claims that specify embodiments or particular implementations.
-
Chemical compounds: Claims likely cover the chemical structure, including specific substitutions or stereochemistry.
-
Preparation methods: Claims may encompass specific synthetic steps or processes.
-
Pharmaceutical applications: Claims might specify therapeutic uses, such as treating particular conditions.
-
Formulations: Claims could extend to dosage forms, delivery systems, or combinations with other agents.
The patent's scope strives to balance broad coverage—covering various derivatives or process variants—with detailed claims to withstand legal challenges.
Claims Analysis
Claim Structure
The patent likely comprises:
-
Independent Claims: Encompassing the core compound or process with broad language to maximize coverage.
-
Dependent Claims: Refining specific structural features, process conditions, or therapeutic applications.
Example:
An independent claim might define a chemical compound with a particular core structure and specific substituents, e.g.,
"A compound represented by the structure (I), wherein R1 and R2 are as defined."
A dependent claim might specify a specific substituent pattern, manufacturing temperature, or a combination with another pharmaceutical agent.
Claims Breadth and Limitations
The patent seems to target a specific class of chemical compounds, possibly derivatives of a known class but with modifications conferring superior activity or manufacturability. Given China's patent landscape, the claims likely aim to secure broad protection while avoiding prior art overlaps.
Infringement Risks:
Potential infringers could be challenged if their compounds or processes fall within the scope of the claims, particularly if they utilize similar structural features or manufacturing steps.
Validity Considerations:
The novelty and inventive step are critical. Similar compounds or processes in prior Chinese or international patents could threaten validity, emphasizing the importance of precise claim drafting and thorough prior art searches.
Patent Landscape and Competitive Environment
National Patent Environment
China's pharmaceutical patent landscape has intensified, with numerous patents filed for similar compounds and treatments, especially in major therapeutic areas like oncology, cardiovascular, and infectious diseases. CN106535886 sits among other patents protecting chemical derivatives, formulations, and synthesis methods.
International Patent Considerations
While China’s patent primarily protects local rights, its claims can influence filings in other jurisdictions, especially if the patent application claims priority from a PCT application or similar foreign filings.
Patent Family and Related Applications
-
Family Members: It is plausible that similar inventions exist in patent families filed elsewhere, such as in the US, Europe, or Japan.
-
Continuation Applications: Inventors may pursue continuations or divisional applications to broaden protection or target specific embodiments.
Innovation Trends
The patent landscape reveals a trend toward multi-layered patent portfolios—combining compounds, delivery methods, and manufacturing processes—to protect core innovations comprehensively.
Legal and Commercial Implications
Infringement Risks and Enforcement
Patent holders can enforce CN106535886 against infringing products that embody the claims, which could include generic competitors or unauthorized manufacturers. Enforcement strategies in China involve administrative actions, civil suits, or patent invalidation procedures.
Licensing and Collaboration
The patent offers opportunities for licensing, especially if the underlying therapeutic areas align with market demand. It also serves as a strategic asset in partnerships or divestitures within China's burgeoning biotech landscape.
Market Strategy
Protection via this patent can serve as a barrier to entry, enabling the patent owner to negotiate licensing deals or sustain a competitive edge in Chinese markets.
Conclusion
CN106535886 exemplifies China's strategic focus on securing intellectual property rights for innovative chemical entities and processes in pharmaceuticals. Its scope appears broad, centered on specific derivatives or methods with potential therapeutic significance. The patent landscape surrounding CN106535886 is dense, with numerous filings targeting similar chemical classes, indicating a competitive environment demanding ongoing innovation and vigilant IP management.
Understanding the intricacies of its claims and scope enables stakeholders to navigate legal risks, enforce rights effectively, and develop positioning strategies in China’s dynamic pharmaceutical industry.
Key Takeaways
-
Broad but targeted scope: The patent aims to protect a specific class of chemical compounds or processes pertinent to therapeutic applications.
-
Claims structure emphasizes core compound invention with layered dependent claims, necessitating careful analysis for infringement or validity.
-
Competitive landscape: High density of similar patents underscores the need for unique differentiation and thorough freedom-to-operate assessments.
-
Legal and commercial leverage: The patent can substantiate licensing, enforcement, and strategic market entry initiatives.
-
Continued innovation necessary: Persistent advancements and patent filings are essential to maintain a competitive edge in China's pharmaceutical patent ecosystem.
FAQs
Q1: How does CN106535886 compare to international patents in the same field?
A: While Chinese patents like CN106535886 are often narrower than their international counterparts due to differences in patent law standards, they can still provide robust protection within China. Cross-referencing similar patents in other jurisdictions helps assess global patent positioning.
Q2: Can I challenge the validity of CN106535886?
A: Yes. Validity challenges can be initiated via patent invalidation procedures in China, particularly if prior art shows the claimed invention lacks novelty or inventive step.
Q3: What are the key considerations for licensing this patent?
A: Critical factors include the scope of claims, market potential, enforceability, and freedom to operate in relevant therapeutic areas.
Q4: Does the patent protect only chemical compounds or also formulations and methods?
A: Likely both. Chinese patents often include broad claims covering compounds, methods of synthesis, and formulations, depending on the inventive contribution.
Q5: Is CN106535886 enforceable outside China?
A: No. Chinese patents are territorial; enforcement outside China requires corresponding patents in other jurisdictions or international treaties like the Patent Cooperation Treaty (PCT).
Sources:
[1] China State Intellectual Property Office, Patent Publication Database, CN106535886.
[2] WIPO, PatentScope Database.
[3] Chinese Patent Law and Examination Guidelines.
