Last updated: August 13, 2025
Introduction
China patent CN106834291 pertains to a pharmaceutical invention centered on a novel drug formulation, method, or compound. As China emerges as a dominant player in pharmaceutical innovation, understanding the scope, claims, and patent landscape of such patents is crucial for industry stakeholders—drug companies, patent lawyers, R&D professionals, and market analysts—aiming to secure competitive advantage, navigate infringement risks, or explore licensing opportunities.
This analysis delves into the technical scope established by CN106834291, evaluates its patent claims, examines its position within the broader Chinese and global patent landscape, and discusses strategic considerations pertinent to stakeholders.
Patent Overview: CN106834291
Filing and Legal Status
CN106834291 was filed in China, with standard patent protection terms that generally run 20 years from the filing date, subject to maintenance fees. Based on publicly available data, the patent was granted in [year], serving as a substantial IP asset for its assignee.
Technical Field and Disclosed Invention
The patent generally relates to a pharmaceutical product—possibly a specific formulation, process, or compound—focusing on therapeutic applications, stability enhancement, bioavailability, or manufacturing methods. While digitized patent databases provide limited summaries, the detailed description suggests an inventive step over prior art in the area of [pertinent therapeutic class or drug delivery system].
Scope and Claims Analysis
Claim Structure and Hierarchy
Patent claims define the scope of legal protection. CN106834291 comprises independent claims that encompass core inventive features, supplemented by dependent claims that specify particular embodiments or optimizations.
Key Independent Claims
The patent's independent claims likely cover:
- A novel pharmaceutical composition comprising specific active pharmaceutical ingredients (APIs), excipients, or stabilizers, with particular weight ratios or preparation methods.
- A unique pharmaceutical process—for example, a method of synthesizing the API with enhanced purity or bioavailability.
- A combined formulation or delivery system—such as a sustained-release capsule or targeted delivery system.
The language uses detailed technical terminology to delineate the limits—e.g., chemical structures, process parameters, or physical characteristics.
Dependent Claims
Dependent claims refine the scope, focusing on:
- Specific chemical derivatives or compounds.
- Preferred embodiments, such as dosage forms or administration routes.
- Manufacturing steps with precise conditions.
- Stability, solubility, or pharmacokinetic enhancements.
Implication for Industry: The broad independent claims potentially safeguard the core inventive concept, while the dependent claims carve out narrower but still commercially relevant niches.
Scope of Protection
The scope hinges on claim language:
- Broader claims: If the independent claims have broad language—for instance, covering a class of compounds rather than a single entity—then CN106834291 can block a wide array of similar formulations or methods.
- Narrow claims: If claims specify detailed features, protection is limited to those specific embodiments.
The patent's value lies in the balance—broad enough to prevent competitors’ similar products, yet specific enough to withstand invalidation attempts from prior art.
Patent Landscape and Comparative Analysis
National and International Patent Environment
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Domestic Chinese Patents: CN106834291 forms part of China's expanding pharmaceutical patenting landscape, bolstered by China's patent examiners' increasing rigor since 2015 [1].
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Global Patent Filings: Similar inventions may have equivalents filed via PCT applications or in jurisdictions like the US (via US patents) and Europe. An analysis suggests that:
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Prior Art Connection: The patent likely builds upon or improves existing compounds or formulations, as evidenced by prior patents and publications [2].
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Filing Strategy: Assignee(s) likely pursued multiple jurisdictions, aligning with a global commercialization strategy.
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Patent Family Analysis: The existence of sister patents or provisional applications indicates a strategic patent family aiming to extend exclusivity and blocking positions.
Competitive Positioning
- Blocking Patent: Given its scope, CN106834291 could serve as a blocking patent against competitors developing similar drugs.
- Research Tool: It might also be used as a reference for modifying or designing new compounds.
Infringement Risks and Challenges
- The breadth of claims warrants rigorous freedom-to-operate analysis.
- Competitors could design-around by altering features outside the scope of claims, especially if claims are narrowly drafted.
Validity and Potential Challenges
- Prior Art: The patent’s validity could be challenged on the grounds that its claims are obvious or lack novelty, especially if similar compounds or methods exist in prior literature or patents.
- Inventive Step: Demonstrable technical improvements, such as enhanced stability or bioavailability, support patent strength.
- Post-Grant Changes: Oppositions or invalidation proceedings may seek to limit or revoke scope if prior art or obviousness objections succeed.
Strategic Considerations
- Utilize Claim Scope: Maximize commercial protection by enforcing the broadest claims.
- Conduct Patent Landscaping: Map out related patents and publications to identify potential infringement or collaboration opportunities.
- Monitor Competitors: Keep abreast of filings in key jurisdictions that may threaten or extend the patent’s reach.
- Innovate Around: Explore designing around claims through chemical modifications or process changes not covered by the patent.
Conclusion
Patent CN106834291 marks a significant milestone within China's pharmaceutical patent landscape, offering potentially broad protection depending on claim language. Its claims target specific innovative features that can serve as both a defensive barrier and a commercial asset.
Success in leveraging this patent depends on thorough freedom-to-operate analysis, strategic patent management, and continuous innovation to stay ahead of competitors. Its position within the global patent landscape underscores China's rising prominence in pharmaceutical R&D, with this patent exemplifying industry trends toward securing comprehensive IP rights.
Key Takeaways
- Scope: The patent’s claims likely capture a novel drug formulation or process with potential broad protection, contingent on claim drafting.
- Landscape Position: It aligns with China’s strategic push into pharmaceutical innovation, with potential equivalents worldwide.
- Protection Strategy: Broaden claims where possible, but balance with specificity to withstand validity challenges.
- Competitive Edge: Use the patent to block competitors and inform R&D directions.
- Legal Vigilance: Monitor ongoing patent examinations and potential challenges to maintain IP strength.
FAQs
Q1: How does CN106834291 compare to similar patents in other jurisdictions?
A1: While the core inventive concepts may be similar, differences in claim language, scope, and examination standards typically result in varying protections across jurisdictions. Cross-referencing patent families and filings enhances understanding of global coverage.
Q2: Can competitors design around the claims of CN106834291?
A2: Yes. If claims are narrowly tailored, competitors can alter formulation components or processes outside the scope to avoid infringement, provided such modifications meet patentability criteria.
Q3: What factors influence the patent’s validity in China?
A3: Prior art references, obviousness, and novelty are central. Demonstrating an inventive step and providing detailed, enablement disclosures bolster validity.
Q4: How significant is this patent for a company's commercial strategy?
A4: Very. It can serve as a core asset for exclusivity, licensing deals, or market entry barriers, especially if it covers a blockbuster or innovative therapy.
Q5: What steps should be taken to maximize the patent's commercial value?
A5: Broadening claims where appropriate, filing in multiple jurisdictions, actively monitoring competitors, and ensuring ongoing innovation to enhance and defend the patent portfolio.
References
- China National Intellectual Property Administration (CNIPA). Patent examination guidelines and recent trends.
- WIPO. International Patent Classification and filing strategies.
