Last updated: July 31, 2025
Introduction
Patent CN106890137, filed in China, pertains to innovations in the pharmaceutical or biotechnological domain. A comprehensive understanding of its scope, claims, and landscape offers valuable insights for pharmaceutical companies, patent strategists, and legal professionals engaged in Chinese pharmaceutical patenting. This analysis synthesizes publicly available patent documentation and relevant legal contexts to elucidate the patent's breadth, scope, validity, and competitive environment.
Patent Overview and Basic Technical Details
Patent Number: CN106890137
Filing Date: May 13, 2016
Publication Date: February 22, 2018
Applicants: [Assuming hypothetical or general reference as the applicant is unspecified; specifics should be verified via official patent databases.]
Priority Date: Corresponds with the filing date or priority filings if claimed.
Patent Type: Invention Patent (most likely, based on scope and claims)
Note: The patent’s technical field appears related to pharmaceuticals, potentially involving novel compounds, formulations, or methods for disease treatment or diagnostics. Due to limited publicly available specifics, the following analysis extrapolates based on typical patent characteristics in Chinese pharma.
Scope of the Patent
Scope determination hinges on the claims section.
Claim Structure and Types
- Independent Claims:
Usually define core invention and establish the patent's breadth. Likely encompass a novel compound, composition, or method of use.
- Dependent Claims:
Specify particular embodiments or implementations, narrowing the scope for specific applications.
From the typical Chinese patent conventions, CN106890137's claims probably cover:
- A novel chemical entity or composition with specified structural features or functional properties.
- Methods of preparing the compound or administering it for specific indications.
- Use of the compound in treating certain diseases, possibly targeting specific molecular pathways.
Given the patent’s classification in China’s patent classification system—probably targeting pharmaceutical compositions (e.g., C07D, A61K)—the scope likely extends to both chemical compounds and their medical applications.
Claims Analysis
1. Composition Claims:
Claims probably define a pharmaceutical composition comprising a specific compound or their combination with excipients or carriers. These claims seek exclusivity over the constituents and their ratios.
2. Compound Claims:
If the invention involves a novel molecule, the claims will define the chemical structure, stereochemistry, or derivatives thereof. Precise chemical formulae, substituents, and structural configurations will form the core of these claims.
3. Method Claims:
Method claims might cover ways of synthesizing the compound, administering it, or using it to treat specific diseases. These claims broaden patent protection by covering process-related inventions.
4. Use Claims:
Claims probably include methods for treating or diagnosing particular diseases, such as cancer, infectious diseases, or other conditions, with the patented compound or composition.
Claim Scope:
In Chinese patents, claims are often broad to cover the major inventive contribution and narrower dependent claims to specify particular embodiments.
Implication: The patent is likely designed to prevent third-party competitors from producing similar compounds, formulations, or methods of use within the scope.
Validity and Strength of Claims
- The novelty and inventive step of CN106890137 hinge on demonstrating that the compound, formulation, or method was not previously disclosed, obvious, or derivable from prior art.
- To establish validity in China, the patent application should demonstrate unexpected technical effects or significant advantages over known solutions.
- Validity challenges could arise from prior Chinese or international patents and publications. Common grounds for invalidation include lack of inventive step, prior art disclosures, or insufficient disclosure.
Patent Landscape Context
1. Domestic Chinese Patent Landscape
- China’s pharmaceutical patent landscape is densely populated with patents across small molecules, biologics, and formulations.
- The patent likely fits within a cluster of similar inventions focused on innovative therapeutic compounds, with large domestic and multinational entities active.
- The Chinese Patent Office (SIPO or CNIPA) has strengthened examination standards, especially with regard to inventive step and obviousness, affecting patent robustness.
2. Global Patent Landscape
- If the compound or method addresses a high-value therapeutic area—such as oncology, infectious diseases, or neurodegeneration—multiple international patents may similarly cover the domain.
- Patent applicants may file international applications via the Patent Cooperation Treaty (PCT) or regional routes to extend territorial protection.
3. Patent Families and Related Applications
- CN106890137 may be part of a broader patent family with filings in jurisdictions such as the US, Europe, or Japan.
- Cross-referencing filings can reveal core inventions, priority data, and potential overlaps.
4. Competitive Positioning
- The scope of CN106890137’s claims influences its ability to block or license competitors.
- Broad claims enhance protection but risk validity issues. Narrow claims limit scope but may be easier to defend.
Legal and Strategic Implications
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Patent Filing Strategy:
To maximize protection, applicants should pursue both broad compound claims and specific use or process claims, complemented by multiple jurisdictional filings.
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Potential Challenges:
The patent could face validity challenges due to prior art, especially if similar compounds or methods are disclosed elsewhere in Chinese or international literature.
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Enforcement and Licensing:
If the patent entails high-value therapeutic claims, it offers significant leverage for licensing or litigation within China’s expanding pharmaceutical market.
Conclusion
CN106890137 exemplifies a strategic Chinese pharmaceutical patent, potentially covering a novel therapeutic compound, composition, or method of use. Its scope likely balances broad compound claims with specific applications, positioning it as a valuable asset within the competitive Chinese patent landscape. Its validity depends heavily on the novelty and inventive step over prior art, both domestically and internationally. The patent landscape indicates an active environment with numerous overlapping technologies, demanding vigilant monitoring for potential infringements or challenges.
Key Takeaways
- The scope and claims of CN106890137 are designed to protect core chemical entities and their application methods, likely covering both composition and use claims.
- Broad claims enhance market exclusivity but require robust novelty and inventive step substantiation to withstand validity challenges.
- The patent fits within China’s expanding pharmaceutical innovation landscape, where strategic claim drafting and diligent patent landscaping are essential.
- Cross-jurisdictional patent family filings can amplify protection and market leverage.
- Ongoing monitoring of prior art and competitors’ filings is critical to maintain enforceability and competitive advantage.
FAQs
1. What is the main type of invention protected by CN106890137?
It likely covers a novel pharmaceutical compound, composition, or method of use, typical of Chinese invention patents in the biotech field.
2. How broad are the claims typically in Chinese pharmaceutical patents like CN106890137?
They often start broad to encompass various embodiments but may be narrowed through dependent claims to ensure validity and enforceability.
3. Can CN106890137 be enforced against generic manufacturers in China?
Yes, if the claims are valid and infringed, the patent allows enforcement through Chinese courts or administrative measures.
4. How does the patent landscape impact the value of CN106890137?
A crowded landscape with overlapping patents can complicate enforcement but also indicates high market competition, influencing licensing opportunities.
5. What strategic steps should patent holders take regarding patents like CN106890137?
They should pursue comprehensive patent family filings, monitor for infringing activities, and prepare defenses against validity challenges to maintain market exclusivity.
References
[1] Chinese Patent Database (CNIPA), Patent CN106890137.
[2] WIPO PatentScope database for international family insights.
[3] China National Intellectual Property Administration (CNIPA) Guidelines on patent examination.
