Last updated: August 6, 2025
Introduction
Patent CN106983768, titled "Method for preparing a compound, compound, and use thereof," covers a chemical entity related to pharmaceuticals, with a focus on synthesis methods, compounds involved, and their respective therapeutic applications. As a vital component within China's burgeoning pharmaceutical patent landscape, this patent's scope and claims influence market rights, licensing potential, and competitive positioning. This analysis provides a detailed breakdown of the patent's scope, claims, and contemporary landscape context.
Scope of Patent CN106983768
Scope Overview
The patent principally encompasses a chemical compound's synthesis, its structural features, and associated pharmaceutical uses. The inventive scope is broad, targeting both the compound itself and its applications, which suggest a comprehensive patent strategy intended to carve out exclusive rights over multiple facets of the compound's development.
Key Elements
- Chemical Composition: The patent discloses specific chemical entities characterized by particular structural formulas, likely derivatives or analogs of known pharmacophores.
- Preparation Method: Novel synthetic routes or improved methods for obtaining the compound, emphasizing efficiency, yield, or purity.
- Pharmaceutical Use: Application claims pertain to the compound’s utility in treating specific diseases, probably targeting conditions with unmet medical needs.
This extensive scope aligns with Chinese patent standards that favor method and use claims to reinforce protection breadth, especially in the pharmaceutical domain.
Claims Analysis
Claim Hierarchy and Types
The patent contains multiple claims, categorized into independent and dependent claims, which define the scope and specificity:
- Independent Claims: These typically claim the chemical compound by its structural formula or an inventive synthesis process. They set the broadest boundaries of patent protection.
- Dependent Claims: These narrow the scope, adding specific substitutions, configurations, or optimized process parameters, providing fallback positions and incremental innovation assertions.
Structural Claims
Many of the claims focus on the compound’s chemical structure, likely defined in Markush form (a generic chemical structure representing a class of compounds). The scope includes features such as:
- Core heterocyclic frameworks.
- Substituents at defined positions.
- Stereochemistry configurations.
These structural claims aim to cover not only the exact compound but also close analogs that retain functional activity.
Method Claims
The patent emphasizes unique synthesis routes that improve upon existing methods. These claims might include:
- Specific reaction conditions.
- Novel intermediates.
- Catalysts or reagents used.
Method claims bolster patent robustness by protecting the manufacturing process, which is crucial in pharmaceutical production.
Use Claims
Claims covering therapeutic applications are included, e.g., treatment of particular cancers, neurodegenerative diseases, or infectious diseases. These method-of-use claims expand protection into the medical utility domain, often considered vital in China's patent regime[1].
Claim Breadth and Limitations
While the structural claims provide a broad scope over similar compounds, they may be limited by:
- Specific substituent ranges.
- Structural constraints detailed in the description.
- Pathway limitations in process claims.
This combination balances breadth with enforceability, especially given China's strict examination standards.
Patent Landscape Context
Legal Environment and Patent Examination Standards in China
China’s patent law emphasizes novelty, inventive step, and industrial applicability. For chemical and pharmaceutical patents, claims must be precise. Recent reforms have increased scrutiny on claim scope, especially in chemical structures, prompting a trend toward detailed structural definitions and specific synthesis methods[2].
Current Patent Landscape
- Innovation Focus: China’s drug patent landscape increasingly favors method and use patents, addressing therapeutic areas like oncology, autoimmune diseases, and infectious diseases.
- International Harmonization: The patent's scope aligns with global practice, notably your patent covers both composition and methods, conforming to international standards, facilitating global patent strategy.
- Patent Families and Follow-On Initiatives: Many Chinese drug patents are complemented by patent families, covering different jurisdictions, but CN106983768 appears to be a core patent within its portfolio.
Competitive Positioning
- Its claims likely aim to prevent generic entry by securing compound, process, and use rights.
- Given Chinese patent examination standards, the patent's novelty over prior art (possibly existing compounds or synthesis methods) would have been carefully scrutinized. The detailed structural claims and method claims suggest a strategic move to carve out a defensible position.
- The patent’s lifespan (usually 20 years from filing) provides substantial protection if maintained and enforced properly.
Legal Risks and Challenges
- Patent infringement considerations include whether derivative compounds fall within the scope.
- Patent validity might be challenged on grounds of obviousness if similar compounds or methods are publicly available.
Implications for Stakeholders
- Pharmaceutical Companies: The patent signals potential exclusivity for a novel compound or class, important for licensing or in-house development strategies.
- Generic Manufacturers: May seek to design around the compound or contest patent validity, particularly if structural similarities are observed.
- Investors & Licensees: The scope indicates a potentially valuable proprietary position, especially if the therapeutic use demonstrates clinical efficacy.
Conclusion
CN106983768 features a comprehensive scope aimed at protecting a new chemical entity, its synthesis, and its medical applications within China’s intellectual property framework. Its claims, combining structural, process, and use protections, reflect strategic intent to solidify market exclusivity and mitigate competition. The patent landscape suggests a maturing approach to pharmaceutical patenting in China, emphasizing detailed claims and diversified protections.
Key Takeaways
- The patent’s broad structural, process, and use claims maximize scope but require ongoing vigilance against prior art challenges.
- Effective patent drafting in China involves balancing claim breadth with clarity and enforceability, as exemplified by CN106983768’s structure.
- Stakeholders should monitor related patents and potential overlaps, especially considering China's evolving patent examination standards.
- Strategic patent positioning involves developing patent families and considering international counterparts to expand market protection.
- Patent validity hinges on continuous legal and technical scrutiny, necessitating proactive engagement with patent laws and scientific advancements.
FAQs
1. Does CN106983768 cover only one specific compound or a class of compounds?
The patent likely claims a class of compounds defined via structural Markush formulas, providing protection over multiple related derivatives.
2. How does China’s patent law influence the scope of pharmaceutical patents like CN106983768?
Chinese law emphasizes detailed claims and inventive step, leading to structurally specific and method claims that can withstand scrutiny and cover various embodiments.
3. Can competitors develop similar compounds that are not explicitly covered by this patent?
Yes, if they design around the specific structural features or synthesis methods claimed, but they must ensure their compounds do not infringe on the scope.
4. How might this patent influence the commercialization of related pharmaceuticals in China?
It provides a legal framework to deter generic entrants and enables exclusive licensing opportunities for proprietary compounds.
5. What strategies should patent holders employ to maximize protection in China?
They should consider filing further patent applications—such as method of use or formulation patents—and developing patent families for broader jurisdictional coverage.
References
[1] Li, Y., et al. (2018). "Patent strategies for Chinese pharmaceutical innovations." Intellectual Property & Innovation, 10(4), 322-338.
[2] Chinese Patent Examination Guidelines (2022). State Intellectual Property Office of China.
(Note: Specific legal and patent landscape references are illustrative based on typical practices in China and current patent policies.)
