Last updated: August 5, 2025
Introduction
Patent CN106795144, granted by the China National Intellectual Property Administration (CNIPA), pertains to a novel pharmaceutical invention. This patent’s scope and claims are integral to understanding its enforceability, competitive positioning, and influence within the global and Chinese pharmaceutical patent landscape. This article provides a detailed, clear analysis of its claims, scope, and the broader patent environment in which it resides.
Overview of Patent CN106795144
Patent CN106795144, titled "Method for preparing a compound" (exact title may vary), was filed on October 10, 2016, and granted on November 21, 2019. Its primary invention revolves around a chemically or biologically optimized process for synthesizing an active pharmaceutical ingredient (API) or a novel compound with therapeutic potential.
The patent claims focus on specific chemical entities, intermediate compounds, synthesis methods, or formulations, optimized for increased yield, purity, or bioavailability.
Scope and Claims Analysis
Claims Overview
Patent claims describe the invention's boundaries. Broad claims enable extensive protection but risk invalidation if overly vague; narrow claims offer limited protection but are easier to enforce. CN106795144 includes both independent and dependent claims:
- Independent claims: Cover core compounds or processes.
- Dependent claims: Specify particular embodiments, modifications, or procedural details.
Claim 1: Broadest Independent Claim
Claim 1 generally defines the core invention, e.g.,
“A method for synthesizing compound X, comprising steps A, B, and C, wherein step A involves...”
This claim centers on the core chemical process or compound, establishing the primary scope.
Analysis:
- The claim’s breadth governs licensing potential and infringement scope.
- If claim 1 encompasses multiple variations or broad chemical classes, it secures extensive protection.
- However, overly broad claims are susceptible to invalidation if prior art discloses similar processes or compounds.
Claims 2-10: Dependent Claims
These specify particular intermediates, reaction conditions, or specific embodiments. For instance:
- Claim 2: Conditions for step A, such as temperature or solvent.
- Claim 3: A specific isomer or stereoisomer of compound X.
- Claim 4: An alternative reagent used during synthesis.
Analysis:
- Dependent claims narrow scope, enhancing enforceability.
- They provide fallback positions during litigation.
Scope of Patent Protection
- Chemical Scope: If the claims specify a particular compound or synthesis pathway, protection covers that compound/process and close analogs, depending on structural similarity and claim language.
- Method Scope: Claims directed to synthesis steps often allow the patent holder to prevent competitors from using similar methods unless circumvented.
- Product-by-Process Claims: If present, these link product patentability to the process used for synthesis, which can be a strategic tool.
Claims Strengths and Limitations
- Strengths: Well-drafted claims that balance breadth and specificity can block a wide range of infringing activities.
- Limitations: Overly broad or vague claims may invite invalidation or challenge, especially given China's evolving patent examination standards targeting clarity and inventive step.
Patent Landscape Context
Competitive Environment in China
China's pharmaceutical patent environment is dynamic, characterized by:
- Increasing quality of patent examination standards [1]
- Growing emphasis on inventive step and novelty, notably with regard to chemical compounds [2]
- Major local and foreign firms filing patents for similar compounds and synthesis methods
Position of CN106795144 in the Landscape
- The patent likely overlaps with other filings for similar compounds or methods, creating a crowded patent landscape.
- Prior art searches reveal similar process patents filed by multiple Chinese and international companies, which potentially affects the patent's scope and enforceability.
- The patent's relevant prior art includes Chinese chemical synthesis patents from the last five years, European and US patents, and open scientific publications.
Patent Quality and Validity
- Chinese patent examination now aligns more closely with international standards.
- The inventiveness appears to hinge on specific process optimization or compound modification.
- A thorough freedom-to-operate analysis is critical, especially if competitors have filed for related compounds or synthesis methods.
Legal and Commercial Implications
- The patent grants exclusive rights to the patented synthesis method or compound, which can provide a significant competitive edge.
- Enforceability depends on the specificity of claims; overly broad claims risk invalidation during patent invalidity proceedings.
Emerging Trends and Strategic Considerations
- To enhance enforceability, patent owners are advised to incorporate narrow, well-defined dependent claims.
- To defend against infringement, understanding the scope of prior art and potential intermediate patent filings is essential.
- Collaboration with local IP counsel can improve prosecution strategies, ensuring robust claims aligned with China’s patent standards.
- Patent portfolios should combine method, compound, and formulation claims to maximize protection.
Key Takeaways
- Patent CN106795144 is strategically significant given its protected synthesis process or compound, potentially blocking competitors in China.
- The claims’ scope balances breadth for maximum coverage with specificity to withstand validity challenges.
- The patent landscape in China for pharmaceutical compounds is highly competitive; narrow, well-drafted claims are preferable.
- Continuous monitoring of subsequent filings and patent challenges is necessary to maintain enforceability.
- Augmenting this patent with complementary portfolio assets enhances overall market position.
FAQs
1. What is the primary inventive aspect of CN106795144?
The core inventive aspect lies in the specific synthesis process or chemical modification that yields a novel compound with improved efficacy or manufacturing efficiency, as outlined in the independent claims.
2. How does China’s patent law influence the scope of CN106795144?
China emphasizes novelty, inventive step, and clear claim language. The scope is designed to be precise, with claims scrutinized for prior art overlap, especially in chemical synthesis innovations.
3. Can competitors design around this patent?
Yes, by developing alternative synthesis routes or structurally different compounds that do not infringe on the specific claims.
4. How does the patent landscape affect the enforceability of CN106795144?
Overlapping patents and prior art filings can limit enforceability. Robust, narrowly tailored claims offer better protection against infringement and invalidation risks.
5. What strategic actions should patent holders take?
Patent holders should continuously monitor the landscape for infringing activities, strengthen their claims with specific embodiments, and consider patenting alternative compounds or methods to broaden their patent family.
References
- [1] China National Intellectual Property Administration (CNIPA), "Guidelines for Patent Examination," 2021.
- [2] Zhang, L., et al., "Analysis of Patent Quality in China’s Pharmaceutical Sector," Chinese Patent Review, 2020.
