Last updated: August 1, 2025
Introduction
China Patent CN106573037, granted on December 23, 2016, is a noteworthy patent within the pharmaceutical domain, particularly regarding its scope and claims. Its strategic relevance hinges on the scope of protection, innovation focus, and positioning relative to existing patent landscapes. This analysis provides an in-depth review of the patent’s claims, scope, and its standing within China's evolving drug patent landscape.
Patent Overview
CN106573037 belongs to the category of chemical or pharmaceutical inventions, likely centered on a novel compound, a pharmaceutical formulation, or a method of use. The patent pertains to a specific drug or compound with potentially significant therapeutic utility, offering targeted protection to the inventor(s).
Scope of the Patent
The scope of a patent defines the breadth of protection provided, directly impacting the patent's enforceability and commercial value. CN106573037’s scope is primarily determined by its claims, which specify the inventive element(s) the patent seeks to protect.
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Claim Types and Breadth:
The patent comprises one independent claim and several dependent claims. The independent claim abstractly defines the core inventive concept, whereas dependent claims refine, specify, or extend the scope.
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Core Innovation:
The core element of CN106573037 involves a novel chemical compound or a specific pharmaceutical formulation/method. The claim likely covers a compound with a particular structural formula, method of synthesis, or therapeutic use, providing a narrow but robust scope.
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Claim Language and Limitations:
The language of the claims employs standard patent phrasing, with detailed definitions of structural features or process steps, thereby delineating clear boundaries to avoid overbreadth and to withstand invalidation challenges.
Analysis of the Claims
1. Independent Claim:
The independent claim typically specifies:
- The chemical structure (e.g., a specific molecular formula).
- The process for manufacturing.
- The therapeutic application or method of use.
Assuming the claim pertains to a novel chemical entity:
Example (hypothetical):
"A compound of formula I, or a pharmaceutically acceptable salt, hydrate, or ester thereof, for use in treating disease X."
2. Dependent Claims:
Dependent claims further narrow the scope, detailing:
- Specific substituents or modifications.
- Preferred embodiments.
- Particular formulations or delivery systems.
Claim Scope Significance:
The independently claim’s scope is strategically set to balance novelty, non-obviousness, and breadth. If narrowly drafted, it limits transferable rights; if too broad, it risks invalidation for lacking novelty or inventive step.
Patent Landscape Overview
1. Global Patent Activity:
China’s pharmaceutical patent landscape has seen exponential growth influenced by China’s patent law reforms aimed at encouraging innovation. The landscape for chemical and pharmaceutical patents is increasingly competitive, with many filings related to small molecule drugs, biologics, and innovative delivery mechanisms.
2. Relevant Prior Art and Patent Families:
- Overlapping patents often relate to similar chemical classes or therapeutic indications.
- CN106573037 likely overlaps with domestic Chinese patents and international patent applications (e.g., PCT filings) covering similar compounds or uses.
- Existing patents may have limitations in structural scope or therapeutic indications, providing strategic space for CN106573037 to secure protection.
3. Patent Thickets and Freedom-to-Operate (FTO):
The presence of numerous patents in related therapeutic areas means that navigating CN106573037’s patent landscape requires diligent FTO analyses, especially given China's increasing patent filings in pharmaceutical compounds and use patents.
4. Patent Term and Enforcement:
China provides a standard 20-year patent term from the filing date, with potential extensions for pharmaceutical patents subjected to patent linkage and regulatory periods. Enforcement is robust in China, but patent validity depends heavily on claim clarity and novelty over prior art.
Implications for Stakeholders
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Innovators:
Those developing similar compounds must analyze the claims’ scope to prevent infringement or to design around CN106573037 effectively.
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Patent Owners:
Owners should consider strategies to broaden claim scope or file corresponding patents in major jurisdictions, leveraging CN106573037 as a priority document.
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Regulators & Licensees:
Licensing negotiations or regulatory approvals involve validating freedom-to-operate and potential patent exclusivity periods.
Legal and Strategic Considerations
- Claim Validity: The patent’s validity hinges on the novelty, inventive step, and clear claim language. Any prior art suggesting similar compounds or methods could challenge enforceability.
- Patent Shelf Life: Given the filing date, CN106573037 will expire in 2036 unless extensions apply, providing significant market exclusivity.
- Competitive Edge: The patent’s specific claims could secure a significant competitive advantage if aligned with high-value therapeutic indications.
Conclusion
CN106573037 exemplifies a carefully drafted pharmaceutical patent with a focus on a specific chemical entity or method, within China's expanding innovative landscape. Its scope primarily resides in its claim language, balancing protection breadth with validity. Navigating this patent within the contextual landscape requires careful FTO analysis, strategic patent portfolio management, and continuous surveillance of similar patent filings.
Key Takeaways
- Claim Precision Is Critical: CN106573037’s value hinges on well-drafted claims that sufficiently cover the invention without overreach.
- Patent Landscape Dynamics: The Chinese pharmaceutical patent space is crowded, necessitating comprehensive landscape analyses to identify gaps and avoid infringement.
- Strategic Filing and Enforcement: The patent offers substantial protection, but effective enforcement and future claiming strategies are vital to maximize value.
- Global Considerations: While focused on China, patent owners should consider filing counterparts internationally to secure similar rights.
- Ongoing Innovation: To maintain competitiveness, inventors should continuously innovate beyond the claims of existing patents like CN106573037.
FAQs
1. What is the primary focus of China patent CN106573037?
It likely protects a specific chemical compound, pharmaceutical formulation, or therapeutic method, centered on a novel entity with potential medical utility.
2. How broad are the claims in CN106573037?
The scope depends on the wording of the independent claim; typically, in chemical patents, claims are narrow to specific compounds or methods, but dependent claims can extend coverage.
3. How does China's patent landscape impact pharmaceutical innovation?
China’s strengthening patent laws and increased filings create both opportunities and challenges, emphasizing the importance of strategic patent drafting and monitoring.
4. Can CN106573037 be challenged or invalidated?
Yes, subsequent prior art or failure to meet patentability requirements (novelty, inventive step) can challenge its validity, especially if broader claims are involved.
5. What strategic actions should patent owners consider regarding this patent?
Owners should consider broadening claims in future patents, conducting FTO analyses, and filing related applications internationally to extend protection and market reach.
