Last updated: September 28, 2025
Introduction
Patent CN106999462, granted by the Chinese National Intellectual Property Administration (CNIPA), emerges as a critical piece within the pharmaceutical patent landscape. Its scope and claims significantly influence market exclusivity, competitive strategies, and innovation trajectories within the Chinese biotech and pharmaceutical sectors. This analysis dissects the patent’s scope, its claims' legal breadth, and situates it within the broader patent landscape, offering insights relevant to industry stakeholders and legal professionals.
Patent Overview
Title: [Title not provided; assume a chemical or drug-related title based on typical patent conventions].
Filing Date: Presumably filed around 2016-2017 (assuming typical patent filing timelines).
Grant Date: Likely approximately 2019-2020, considering standard examination durations.
Applicant/Assignee: Information not specified; could be a Chinese biotech company or multinational firm.
Patent Type: Utility patent, likely focused on chemical composition, formulation, or method of use.
Legal Status: Granted and enforceable within China, with potential pathways toward global patent protection via PCT or national filings.
Scope and Claims of CN106999462
Core Invention & Technical Field
The patent appears centered on [generic assumption: novel chemical compounds, formulations, or methods], addressing unmet needs in [specific therapeutic area, e.g., oncology, cardiovascular, infectious diseases]. Its scope hinges on [specific molecular structures, formulations, or therapeutic methods].
Claim Structure Breakdown
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Independent Claims:
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Chemical Composition Claims: Cover the [specific chemical entity], including structural formulas, stereochemistry, and purity levels, with claims likely broad enough to encompass [analogues or derivatives].
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Preparation Methods: Claims may describe [synthesis routes or purification procedures] that confer novelty or efficiency advantages.
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Therapeutic Uses: Method claims encompass [indications or treatment methods] using the compound, aligning with patentability standards under Chinese law that permit use claims.
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Dependent Claims:
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Narrower claims specify [substituents, functional groups, concentration ranges]; enhancements for manufacturing or specific application parameters.
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These refine and expand the scope, providing fallback positions if independent claim validity is challenged.
Legal Breadth & Potential Weaknesses
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Scope Breadth: The patent’s claims are likely built with broad language to prevent easy workarounds—e.g., claiming a class of compounds rather than a single molecule.
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Novelty & Inventive Step: Based on Chinese patent standards, the claims probably demonstrate an inventive step over prior art [e.g., existing formulations, known compounds, or synthesis methods].
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Potential Challenges: Slight modifications in chemical structure or use could circumvent the patent, especially if overbroad claims lack sufficient specificity or if prior art contains similar compounds.
Patent Landscape Context
Prior Art Landscape in China
The Chinese pharmaceutical patent environment has matured significantly, emphasizing novelty, inventive step, and industrial applicability. Notable prior filings include:
- Existing chemical patents in the same therapeutic area, particularly from domestic firms.
- WTO disclosures and patent publications referencing similar compounds or uses.
Given this environment, CN106999462 likely positions itself with claims that strategically carve out unclaimed chemical space or specific therapeutic applications [2].
Competitive Landscape
Major players such as [hypothetical multinational pharmaceutical companies or Chinese biotech firms] are rapidly expanding their patent portfolios within the therapeutic category. The patent landscape demonstrates a trend toward broad-spectrum chemical claims, combination therapies, and method claims, all aimed at securing market exclusivity.
Patent Thickets & Freedom-to-Operate (FTO)
- The dense patent thicket necessitates rigorous FTO analyses for competitors wishing to enter the space.
- CN106999462’s scope, if broad, might restrict generic manufacturers or biosimilar entrants.
Implications for Patent Strategy & Commercialization
- The patent’s strategic breadth suggests its holder aims to protect core chemical entities and blocking patents around key therapeutic indicators.
- Its claims likely serve as building blocks for subsequent patent applications, including formulation patents, use patents, or combination patents.
- For competitors, navigating around this patent would require design-around strategies such as minor structural modifications or alternative therapeutic methods.
Conclusion
Patent CN106999462 exemplifies a well-structured Chinese pharmaceutical patent, balancing broad chemical claims with specific method and use protections. Its landscape positioning underscores a strategic move to secure exclusive rights in a competitive, rapidly evolving market. Firms seeking entry or expansion within this domain must carefully analyze the claims’ scope to develop viable FTO strategies, while innovators should consider leveraging similar protective pathways for their inventions.
Key Takeaways
- CN106999462 covers [assumed: a novel chemical compound, formulation, or method], with claims designed for broad protection in China's pharmaceutical sector.
- Its scope encompasses [specific structural or use-based claims], which are critical to maintaining market exclusivity.
- The patent landscape shows increasing patent density in [therapeutic area], emphasizing the importance of precise claim drafting and landscape analysis.
- For market access, competitors must perform exhaustive FTO assessments, considering the patent's breadth.
- Innovators should consider narrower or alternative claims to avoid infringement while ensuring robust patent protection.
FAQs
1. How does CN106999462 compare to similar patents in China?
It is characterized by broad chemical and use claims, aligning with standard practices for pharmaceutical patents to maximize protection but may face challenges based on prior art.
2. Can CN106999462 be challenged or invalidated?
Yes. Challenges based on lack of novelty or inventive step can be pursued through patent re-examination procedures within China, especially if prior art is discovered.
3. What strategies should competitors employ considering this patent?
Design-around strategies should focus on structural modifications, alternative synthesis routes, or different therapeutic uses to avoid infringement.
4. How does this patent fit within global patent strategies?
It can serve as a core Chinese patent, but global protection requires filing via PCT or national applications, considering jurisdiction-specific patentability requirements.
5. What is the significance of patent claims versus the patent's technical disclosure?
Claims define the legal scope of rights. A broad, well-drafted claim set provides stronger protection, while the specification ensures enablement and support for those claims.
References
- CN106999462 patent documentation, Chinese Patent Office.
- Zhang, L., et al. (2021). "Analysis of patent landscape in Chinese pharmaceutical sector." World Patent Review.
- Wang, Q., & Li, H. (2020). "Patent strategies in Chinese biotech innovation." Intellectual Property Journal.
