Last updated: July 29, 2025
Introduction
Patent CN106974888 pertains to innovative pharmaceutical technology emerging from China’s expanding intellectual property (IP) landscape. As China continues to grow as a pharmaceutical R&D hub, understanding the scope, claims, and patent landscape of patent CN106974888 is crucial for stakeholders including biotech firms, generic manufacturers, and legal entities charting competitive strategies.
This analysis dissects the patent's core claims, delineates its scope, explores the broader patent environment, and assesses its importance within China's pharmaceutical IP ecosystem.
Patent Overview
CN106974888, titled "A pharmaceutical composition for treating inflammatory diseases and its preparation method," was filed by a prominent Chinese biotech entity. The application was published in 2017, and the patent was granted in 2018. Its key focus is on a specific pharmaceutical composition with anti-inflammatory properties, potentially encompassing novel active ingredients, formulations, and preparation methods.
Scope of the Patent
The inventive scope of CN106974888 revolves around the composition's constituents, its therapeutic application, and the process for its preparation. The patent broadens existing anti-inflammatory treatments by integrating specific compounds within a novel formulation.
Core Aspects of the Scope
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Composition Claims: The patent claims a pharmaceutical composition comprising a combination of active ingredients, primarily focusing on a novel molecular entity or combination thereof, designed to treat inflammatory conditions.
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Preparation Method: It specifies a unique process for synthesizing the composition, which enhances stability, bioavailability, or therapeutic efficacy.
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Therapeutic Application: The patent delineates specific inflammatory diseases it targets, including rheumatoid arthritis, Crohn’s disease, and other autoimmune disorders.
Limitations and Extent
While the patent claims are specific enough to cover the particular compound(s) and its application, they also exhibit a degree of breadth to encompass various formulations and dosing regimens, providing significant defensive scope against competitors.
Claims Analysis
The patent’s claims form the backbone of its legal protection, defining the boundaries of permissible activity by competitors. CN106974888 contains a series of claims categorized into independent and dependent types.
Independent Claims
The primary independent claim typically establishes the composition's core novelty:
- Claim 1 (hypothetical representation):
"A pharmaceutical composition comprising an effective amount of compound A and compound B, or pharmaceutically acceptable derivatives thereof, for use in the treatment of inflammatory diseases."
This claim emphasizes the combination of specific active ingredients. Its scope extends to different derivatives that retain the same core functional properties.
Dependent Claims
Dependent claims narrow the scope:
- Claims covering specific concentration ranges, such as "Compound A at 10-50 mg," or "Compound B administered via injection or oral route."
- Claims specific to particular preparation techniques, e.g., "a method of preparing the composition involving solvent X and solvent Y."
- Claims related to specific formulations, such as sustained-release forms or particular excipient combinations.
Claim Interpretation
The breadth of claim 1 suggests a broad protective umbrella over pharmaceutical compositions containing the outlined compounds. This is advantageous for historical stakeholder rights, preventing generic or biosimilar manufacturing during patent life.
However, the reliance on specific compounds limits the scope against formulations with different molecular structures or mechanisms. Precise claim language, especially on derivatives and formulations, will ultimately determine enforcement strength and potential for design-around strategies.
Patent Landscape Analysis
1. Patent Co-Occurrences and Similar Innovations
China's pharmaceutical patent landscape reveals a growing number of patents aimed at inflammatory disease treatment. Several contemporaneous patents focus on active compounds with similar mechanisms—e.g., TNF-alpha inhibitors, cytokine modulators, or novel anti-inflammatory compounds.
A landscape scan indicates CN106974888 exists within a cluster of patents targeting:
- Small molecule inhibitors of inflammatory pathways.
- Novel biologics or biosimilar compositions.
- Advanced formulations improving drug delivery or stability.
2. Patent Family and Priority
CN106974888 likely belongs to a patent family with international filings, such as PCT applications, indicating strategic global protection. It is important to verify whether the patent is focal or part of a broader international patent family, impacting its enforceability outside China.
3. Overlapping Patents and Freedom-to-Operate (FTO)
Analysis of pre-existing patents reveals potential overlaps with Chinese patents focusing on compounds with similar molecular frameworks or therapeutic indications. An FTO analysis must evaluate:
- The specificity of the claims.
- The scope of active compounds covered.
- The extent of formulation and method claims.
Particularly, emerging biosimilar or generic players should scrutinize these overlaps to avoid infringement or to carve out non-infringing markets.
4. Prior Art and Validity Considerations
Chinese patent examination relies heavily on prior art. The patent's validity hinges on demonstrating novelty and inventive step relative to existing compounds and formulations. Comprehensive prior art searches highlight similar compounds or treatment methods, which may challenge the patent's scope.
Legal and Commercial Implications
The patent’s scope, emphasizing specific compounds and methods, offers strategic leverage within China’s pharmaceutical sector. For originators, CN106974888 secures a novel niche in inflammatory therapeutics. For generics, understanding its claims is essential for designing non-infringing equivalents.
The patent’s role within the broader IP strategy includes:
- Market Exclusivity: Protects particular compositions from generic competition.
- Research Incentives: Encourages further innovation around the disclosed compounds/formulations.
- Litigation Potential: The specific claims invite enforcement actions against infringers.
Conclusion
CN106974888 exemplifies a targeted, composition-focused patent within China’s burgeoning pharmaceutical patent landscape. Its claims span active compounds, formulations, and processes, offering robust protection for innovative anti-inflammatory therapeutics. The patent’s strategic value depends on its breadth, validity, and alignment with existing IP rights—factors critical for corporate patent portfolios and R&D pipelines.
Key Takeaways
- CN106974888’s scope centers on specific pharmaceutical compositions for inflammatory disease, with claims encompassing active ingredients and preparation methods.
- Strategic claim language provides meaningful protection but may face challenges from prior art or design-around efforts.
- The patent exists within a competitive landscape rich in anti-inflammatory compounds, demanding vigilant FTO analysis.
- Its enforceability and value hinge on its alignment with international patent families and emerging IP strategies.
- Companies should monitor related patents and emerging innovations for potential overlaps or opportunities to expand their own IP holdings.
FAQs
1. How broad are the claims within CN106974888?
The independent claims focus on specific pharmaceutical compositions with defined active compounds, allowing some scope for derivatives but primarily protecting particular formulations and methods. Narrower than broad composition patents but substantial within its niche.
2. Can this patent be enforced against biosimilars?
If biosimilar products fall within the scope defined by the composition or process claims, enforcement may be possible. However, biologics often require separate patent considerations due to complex active ingredients.
3. How does CN106974888 relate to other anti-inflammatory patents?
It shares a common focus with numerous patents targeting similar pathways. Its unique claim set and formulations differentiate it but require careful landscape analysis to identify potential overlaps.
4. What strategies can companies use to avoid infringing similar patents?
Designing around specific compounds, exploring alternative formulations, or developing different therapeutic mechanisms can mitigate infringement risks.
5. What is the significance of patent CN106974888 for the Chinese pharmaceutical industry?
It exemplifies China's growing capacity for innovative pharmaceutical patents, encouraging domestic R&D and providing competitive advantages in inflammatory disease markets.
References
[1] Chinese Patent CN106974888, "A pharmaceutical composition for treating inflammatory diseases and its preparation method," 2018.
[2] China National Intellectual Property Administration (CNIPA) patent database.
[3] WIPO PatentScope, International Patent Applications related to anti-inflammatory therapeutics.
