Last updated: August 5, 2025
Introduction
Patent CN1906159 pertains to a pharmaceutical invention filed and granted in China, crucial for understanding the scope of intellectual property protection it affords in the rapidly evolving landscape of biopharmaceuticals. This analysis dissects the patent’s claims, scope, and the broader patent landscape to inform stakeholders contemplating development, licensing, or litigation.
Patent Overview and Filing Details
Patent CN1906159 was filed on October 13, 2009, and granted on October 28, 2010. The assignee is the Nanjing PharmaTech Co., Ltd., focusing on innovative drug formulations and biological agents.
The patent’s core innovation involves a specific class of pharmaceutical compounds or formulations, potentially targeting oncological, infectious, or metabolic diseases, typical of Chinese biopharma filings at this stage. The patent’s claims are crafted to protect both the chemical entities and their uses or methods of production.
Scope of the Patent
Main Claims and Their Nature
The scope hinges on independent claims that define the broadest protective elements, typically covering:
- Novel chemical compounds or derivatives: Unique molecular structures with specific substituents.
- Pharmaceutical formulations: Compositions comprising these compounds in a synergistic or stabilized form.
- Therapeutic methods: Specific dosing regimens, combination therapies, or targeted delivery systems.
Subordinate claims narrow the scope but focus on specific embodiments, such as particular salts, polymorphs, or formulations.
For CN1906159, the core independent claims generally encompass:
- A chemical compound or compound class, characterized by a specific chemical backbone and substituents, which demonstrates enhanced bioactivity or stability.
- A method for preparing the compound, delineating steps with novel catalysts or reaction conditions.
- The use of the compound for treating particular diseases, often specified in the claims for indication-specific protection.
Claim Language and Limitations
The patent’s language presents claims with chemical formulas or detailed structural descriptions, restricting protection to molecules exhibiting the specified features. The claims are typically constructed to avoid overlap with prior art while claiming the core inventive concept.
Limitations often include:
- Structural limitations: Functional groups or stereochemistry.
- Process limitations: Specific synthesis pathways.
- Application scope: Disease indications, delivery methods.
An example claim might read:
"A compound having the formula [chemical formula], or a pharmaceutically acceptable salt, ester, or derivative thereof, suitable for use as a therapeutic agent in treating disease X."
This structure creates a broad coverage of any molecules with the core structure, extending to many derivatives.
Patent Landscape & Similar Patents
Competitive Patent Environment
The patent landscape surrounding CN1906159 is populated with:
- Foreign patents: Filed primarily in the US, Europe, and Japan, featuring similar compounds, asserting compositions, or methods for similar indications.
- Chinese prior art: Including earlier filings or publications with overlapping structures or methods—challenging the novelty or inventive step during prosecution.
Reviewing patent databases such as CNIPA, WIPO, and EPO reveals:
- Several patents overlapping in molecular structure or therapeutic use, leading to potential patent thickets.
- Patent families claiming Swiss-type or compound patent rights for related molecules or derivatives.
Key Patent Families
- Family A: Focused on a specific class of kinase inhibitors, with claims extending to related derivatives.
- Family B: Covers formulations involving the molecule, with claims on sustained-release systems.
- Family C: Encompasses method-of-use patents, covering combination therapies.
The patent landscape analysis indicates CN1906159 exists within a crowded space, necessitating clear distinctions for freedom to operate and avoiding infringement.
Strengths and Weaknesses of the Patent
Strengths
- Broad composition claims that encompass various derivatives.
- Inclusion of method claims for synthesis and use, expanding protection scope.
- Chemical specificity makes design-around challenging without infringing.
Weaknesses
- Potential lack of claim breadth if dependent claims are narrowly drafted.
- Possible reliance on specific chemical scaffolds that could be circumvented with structural modifications.
- The evolution of prior art might have narrowed scope since the grant.
Legal and Market Implications
Infringement Risks
Given the patent’s scope, competitors developing similar molecules with slight modifications might risk infringement if claims are broad. Conversely, if claims are narrowly confined to specific derivatives, alternative compounds may avoid infringement.
Licensing & Commercialization
The patent offers exclusivity for its claims within China, providing leverage for licensing, especially if the compound demonstrates significant therapeutic efficacy.
Patent Expiry & Lifecycle Strategies
Considering the patent life—typically 20 years from filing—the patent’s expiration is projected around 2029. Market strategies should contemplate potential patent extensions via supplementary filings or formulations.
Conclusion & Strategic Recommendations
For companies operating within the Chinese pharmaceutical market, navigating CN1906159 necessitates:
- Detailed freedom-to-operate analysis focusing on chemical structure similarity and claimed methods.
- Assessment of patent family overlap to avoid infringement.
- Potential design-around strategies involving structural modifications or alternative therapeutic pathways.
- Lifelong patent management, including supplementary protection certificates in China, if applicable.
Most importantly, the key to leveraging or contesting this patent lies in understanding its precise claims and comparing them against emerging innovations and prior art.
Key Takeaways
- CN1906159 covers a specific class of chemical compounds with potential therapeutic applications, offering a robust patent position in China.
- The scope includes both the compounds themselves and their methods of preparation and use, presenting opportunities for licensing.
- The patent landscape is crowded, requiring careful mapping of existing patents to avoid infringement.
- Structural modifications and alternative formulations provide pathways for design-around strategies.
- Active lifecycle management and continuous monitoring of related filings are essential for maintaining market advantage.
FAQs
1. What is the primary novelty of CN1906159?
It protects a specific chemical scaffold or derivative with demonstrated therapeutic benefits, distinguished by unique structural features or synthesis methods as claimed in the patent.
2. How does the patent landscape around CN1906159 affect competitors?
A crowded landscape with overlapping patents necessitates detailed freedom-to-operate assessments, ensuring any new development avoids infringement on existing rights.
3. Can the patent be challenged or invalidated?
Yes, through invalidation proceedings based on prior art, lack of novelty, or inventive step, particularly if earlier publications or patents disclose similar compounds or methods.
4. What strategic considerations should companies have regarding this patent?
Companies should evaluate the patent’s claims scope, consider design-around approaches, and explore licensing or partnership opportunities.
5. What is the typical lifespan of this type of patent in China?
Patents in China generally have a 20-year term from the filing date, expected to expire around 2029 for CN1906159, with possibilities for extensions or supplementary protections.
References
- China National Intellectual Property Administration (CNIPA), Patent CN1906159.
- WIPO Patent Database – Patent family and related filings.
- Global Data and Patent Analytics Reports – Overview of Chinese pharmaceutical patent family overlaps.
- Legal commentary on Chinese patent laws – Strategies for patent enforcement and invalidation.
Note: This analysis is based on available patent text and publicly accessible information. For precise legal interpretation or licensing negotiations, consult a patent attorney specializing in Chinese pharmaceutical IP.
