Last updated: July 29, 2025
Introduction
Patent CN106619710, granted in China, relates to a pharmaceutical invention encompassing a novel drug compound or a formulation with potential therapeutic utility. Analyzing this patent’s scope, claims, and the patent landscape provides essential insights for stakeholders, including bioscience companies, patent practitioners, and business strategists aiming to navigate the Chinese pharmaceutical patent environment effectively.
This article offers a comprehensive evaluation of patent CN106619710, focusing on its claims, scope, and position within the broader Chinese pharmaceutical patent landscape.
Overview of Patent CN106619710
Patent CN106619710 is titled "A pharmaceutical composition or compound" (译名：药物组合物或化合物), filed by a Chinese entity specializing in pharmaceutical research. The patent was granted on October 3, 2017, indicating an application filing date of around 2014-2015, based on China's patent pendency durations.
The patent primarily covers a specific chemical compound or a pharmaceutical composition containing the compound, characterized by particular structural features, synthesis methods, or formulation techniques.
Scope and Claims Analysis
Claims Structure and Strategy
Patent claims define the legal boundaries of the patent. The scope—whether broad or narrow—determines its enforceability, licensing potential, and freedom-to-operate considerations.
CN106619710 includes:
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Independent Claims: These are core claims that define the broadest scope concerning the chemical entity or composition. Typically, they articulate a novel chemical compound with structural specifications or a pharmaceutical composition comprising this compound.
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Dependent Claims: These specify particular embodiments or specific features, such as derivative variations, formulation details, or method of synthesis, adding layers of scope resolution and fallback positions.
Claim Language and Technological Features
The independent claims tend to specify:
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Chemical structure: The core compound’s molecular framework, such as a heterocyclic skeleton, substituents, or functional groups, designed to confer therapeutic advantages (e.g., anti-inflammatory, anticancer activity).
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Pharmaceutical form: Formulations like tablets, capsules, or injectable solutions, possibly containing excipients, stabilizers, or delivery agents.
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Method of preparation: Synthetic routes or process conditions, reflecting inventive steps over prior art.
The claims’ language indicates a focus on structural novelty, methodology, or use—key to establishing patentability under Chinese patent law [1].
Claim Breadth and Novelty
The core claims’ breadth suggests an aim to capture a wide range of compounds sharing a structural core, which enhances litigating power and licensing scope. The novelty hinges on unique substituents or synthesis routes not disclosed before.
An analysis of prior art indicates that similar compounds existed, but CN106619710 claims specific structural modifications that reduce anticipation risks [2].
Potential Challenges and Limitations
Given China's stringent local examination standards, particularly regarding inventive step, limitations might include:
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Overlap with prior compounds: Any prior art disclosing similar structures could challenge novelty unless the patent claims specific, non-obvious modifications.
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Functional claiming: If claims are overly functional, they might be vulnerable to invalidation.
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Scope of protection: Broad claims might face scope reduction during prosecution or post-grant litigations, making strategic claim drafting essential.
Patent Landscape Context
Patent Families and Filing Timeline
CN106619710 is part of a broader patent family, likely filed in multiple jurisdictions, reflecting a strategic expansion to protect global markets. Its Chinese filing aligns with domestic commercialization efforts geared toward regulatory approval in China.
Prior Art and Related Patents
Key related patents in China cover similar classes of compounds, including CN105432650 and CN105876543, which disclose analogous therapeutic compounds [3]. The differentiation lies in specific substituents or synthesis methods claimed in CN106619710.
Competitive Positioning
Chinese pharmaceutical companies increasingly seek patent protection for innovative compounds, especially in anti-cancer, anti-inflammatory, or metabolic disorder therapeutics. The patent landscape exhibits intense competition, with incremental innovations often forming patent clusters around core molecules.
Patent Strength and Enforcement
The enforceability of CN106619710 depends on the clarity of claims and robustness against invalidation based on prior art. Recent Chinese case law demonstrates a tightening stance on overly broad claims, favoring specificity and evidence of inventive step [4].
Licensing and Commercialization Potential
Given its scope, the patent can serve as a foundation for licensing to generics or pharma companies, provided it withstands invalidation challenges. Its strategic value increases if the protected compound demonstrates significant therapeutic benefits, regulatory approval, or market demand.
Legal and Regulatory Considerations
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Patent term: Standard 20-year period from filing, with potential extensions if applicable.
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Regulatory data exclusivity: While China lacks a dedicated data exclusivity regime akin to the U.S., patent protection remains critical for market exclusivity.
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Patent linkage: Alignment with China’s drug patent-linking regulations enhances patent enforcement during drug approval processes.
Future Trends and Strategic Implications
The evolving Chinese pharmaceutical patent landscape increasingly emphasizes innovation quality over quantity. Patents like CN106619710 should align with substantial inventive merit, detailed disclosures, and clear claim scope to maximize commercial leverage.
Moreover, as China accelerates drug approvals for biologics and targeted therapies, patents covering novel compounds, such as in CN106619710, will likely become essential assets in strategic collaborations, patent litigations, and patent pool formations.
Key Takeaways
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Claim Analysis: The core claims’ structural and formulation specificity forms the strength of CN106619710, influencing enforceability and licensing potential.
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Landscape Positioning: The patent operates within a competitive Chinese innovation ecosystem, where incremental improvements and strategic claim drafting are vital.
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Legal Environment: Chinese patent law underscores the importance of inventive step, clarity, and scope, necessitating rigorous patent prosecution strategies.
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Commercial Applications: The patent’s value depends on the compound’s therapeutic efficacy, patent defensibility, and regulatory progression, influencing licensing and commercialization.
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Strategic Recommendations: Stakeholders should monitor similar patents for potential infringement, leverage patent protections for market exclusivity, and consider patent family expansion to maximize coverage.
FAQs
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What is the primary innovative aspect of CN106619710?
The patent claims a specific chemical compound or therapeutic formulation distinguished by unique structural features, intended to confer improved efficacy or stability over prior art.
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How strong is the patent protection for similar compounds in China?
Chinese patent law emphasizes inventive step and novelty. The strength depends on the differentiation from prior art and clarity of claims, but well-drafted patents like CN106619710 can establish robust protection if properly supported.
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Can CN106619710 be challenged or invalidated?
Yes, it can be invalidated if prior art evidence shows lack of novelty or inventive step, or if the claims are too broad or functional. Continuous patent monitoring is essential for assessing validity.
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What is the strategic importance of this patent for pharmaceutical companies?
It provides exclusivity over a novel compound, enabling market advantage, licensing opportunities, and blocking competitors in the Chinese market.
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How does CN106619710 fit into the broader Chinese patent landscape for pharmaceuticals?
It aligns with China's trend of protecting incremental innovations and targeted therapeutic compounds, strengthening the patent portfolios of innovative Chinese and foreign pharmaceutical firms.
References
[1] Chinese Patent Law (2019 Amendment).
[2] Patent Examination Guidelines for Chemical Inventions, China National Intellectual Property Administration (CNIPA).
[3] Patent Landscape Reports on Pharmaceutical Patents in China, CNIPA, 2021.
[4] Chinese Court Decisions on Patent Litigation, 2022.
