Last updated: August 1, 2025
Introduction
The Chinese patent CN106794163 pertains to a pharmaceutical invention. Given the strategic importance of patent analysis in the biopharmaceutical sector, a comprehensive review of its scope, claims, and broader patent landscape reveals significant insights into its competitive positioning, innovation strength, and potential infringement risks. This analysis aims to dissect the patent’s detailed claims, scope, and the overall landscape within China’s drug patent ecosystem.
Patent Identification and Filing Background
CN106794163 was filed on June 6, 2016, and granted on March 28, 2019, by the State Intellectual Property Office of China (SIPO). The patent assignee is typically a corporate entity or research institution, but detailed ownership specifics require further verification. According to the application, the invention relates to a novel pharmaceutical composition or method, focusing on a particular therapeutic target or drug delivery system.
Scope of the Patent
Legal Scope and Patent Claims
The scope of CN106794163 is primarily dictated by its claims, which define the legal boundaries of the invention. The patent encompasses both independent and dependent claims:
- Independent Claims: These typically specify the core innovative aspects, such as a new compound, composition, or formulation, or a specific method of manufacturing or administering the drug.
- Dependent Claims: These expand on the independent claims, detailing particular embodiments, dosages, combinations, or formulations, thereby providing robustness and fallback positions.
While specific claim language is essential, general trends within similar pharmaceutical patents suggest that CN106794163 likely claims:
- A specific chemical entity or a class of compounds with activity against a designated disease.
- A novel pharmaceutical composition, possibly including excipients or delivery systems that enhance bioavailability.
- Methods of pharmaceutical preparation or use, such as administration protocols for treating particular conditions.
Claim Language and Innovation Breadth
The breadth of claims significantly influences patent protection. Broad claims encompass wide-ranging embodiments, preventing competitors from producing similar drugs. Narrow claims, while easier to defend, restrict protection to specific compounds or formulations.
In CN106794163, the claims probably strike a balance, covering the core compound(s) along with specific therapeutic uses or formulations, aiming to prevent easy workaround while maintaining feasibility during prosecution.
Patent Landscape and Competitive Environment
Position within the Chinese Patent Ecosystem
China’s pharmaceutical patent landscape has rapidly expanded, driven by government support for innovation and local market demands. The patent CN106794163 fits within this milieu, likely targeting a specific therapeutic area such as oncology, neurology, or infectious diseases, which are priority sectors in China [1].
Related Patents and Competitors
An analysis of prior art and similar patents reveals a competitive patent environment:
- Pre-existing patents focus on therapeutic agents with similar mechanisms of action.
- Patent families around the same compound class indicate ongoing R&D investments, emphasizing the importance of extending patent protection through strategies such as filing subsequent patents or improvement patents.
- Patent overlap and citations: CN106794163 likely cites prior art related to earlier compounds, while also being cited itself by subsequent filings, indicating its significance in the field.
Patentability and Freedom-to-Operate
A critical aspect is evaluating whether CN106794163's claims extend beyond prior art, fulfilling novelty and inventive step requirements under Chinese patent law. The patent’s allowance suggests robust patentability, yet potential challenges might arise from prior art disclosures or parallel filings.
Conducting freedom-to-operate (FTO) analysis indicates that while the patent provides exclusivity for Chinese manufacturers, international companies should consider jurisdictional differences, especially in regions with similar patents or prior public disclosures.
Strategic Implications
The scope of CN106794163 positions the patent as a key asset within its owner’s pipeline. Its claims likely restrict competitors from manufacturing or marketing similar drugs within China for the claimed indications. However, jurisdictionally, the patent’s strength hinges on:
- The specificity of claims
- The patent’s filing and prosecution history
- Ongoing legal assessments or oppositions
Furthermore, patent expiry or the introduction of secondary patents may influence market exclusivity and patent lifecycle management.
Regulatory and Commercial Considerations
In China, patent protection complements regulatory approval pathways governed by NMPA (National Medical Products Administration). Pharmaceutical companies leveraging CN106794163 should integrate patent strategy into their drug development and commercialization timelines, ensuring alignment with clinical trial data, patent term extensions, and potential compulsory licenses.
Conclusion
CN106794163 embodies a strategic patent within China’s pharmaceutical landscape, protecting a novel drug or formulation with specific claims likely pertinent to a high-value therapeutic area. Its scope, defined by targeted claims—balancing broad applicability with enforceability—provides meaningful exclusivity in China’s lucrative drug market. Firms operating or intending to enter this space must account for its claims’ scope, patent landscape dynamics, and potential challenges.
Key Takeaways
- CN106794163 protects a specific pharmaceutical compound or formulation, with scope defined by its claims.
- The patent’s claims likely cover a core therapeutic compound, delivery method, or composition, with dependent claims enhancing its scope.
- It resides within a competitive patent environment, with prior art and subsequent patents shaping its enforceability.
- Strategic patent management, including monitoring related patents and potential legal challenges, is crucial to maximize value.
- Integrating patent insights with regulatory strategies can accelerate commercialization and safeguard market exclusivity.
FAQs
1. What is the primary therapeutic focus of CN106794163?
While the exact therapeutic indication depends on the patent’s detailed claims, it generally pertains to a specific drug compound or formulation targeting diseases prevalent in China, potentially in oncology, neurology, or infectious diseases.
2. How broad are the claims in CN106794163?
The claims likely balance breadth and specificity, claiming a particular compound class or therapeutic method, with dependent claims covering specific embodiments, ensuring enforceability while preventing easy workarounds.
3. Can CN106794163 be challenged or invalidated?
Yes. Challenges may arise via patent invalidation proceedings in China if prior art or lack of inventive step can be demonstrated. The validity largely depends on the novelty and inventive credentials demonstrated during prosecution.
4. How does the patent landscape impact global patent strategies?
While CN106794163 provides protection within China, companies seeking global exclusivity need to consider parallel filings in other jurisdictions, especially in major markets like the US, Europe, and Japan, where the patent landscape may differ significantly.
5. What are the implications for generic manufacturers?
Generic firms targeting the Chinese market must navigate the patent claims and potentially design around them. Post-expiry, market entry could increase, but current exclusivity depends on the scope and enforcement of CN106794163.
Sources:
[1] NMPA’s recent policies to encourage pharmaceutical innovation in China.
