Last updated: August 1, 2025
Introduction
China Patent CN101119708, titled “Pharmaceutical Composition Containing a Compound for Treating Cancer”, was granted in 2008 and belongs to a category of patents targeting novel pharmaceutical formulations and use claims related to cancer therapy. Understanding the scope, claims, and patent landscape associated with CN101119708 provides critical insights for pharmaceutical companies, competitors, and legal professionals aiming to navigate China’s dynamic IP environment and assess patent protection strategies in oncology drug development.
Scope of Patent CN101119708
The patent primarily claims a pharmaceutical composition comprising a core compound, potentially a novel chemical entity, combined with pharmaceutically acceptable carriers, and its use for treating cancer. The scope encompasses both the composition itself and the application of this composition in cancer therapy, including methods of administration and dosages, within the bounds of the claims.
This patent aims to secure exclusive rights over:
- The chemical compound(s) disclosed.
- The pharmaceutical formulations containing these compounds.
- The methods of use for treating specific cancers.
- Possible combinations with other therapeutic agents.
The patent’s wording emphasizes both the specific chemical structures and their functional applications, positioning it strategically in the oncology therapeutic segment.
Claims Analysis
CN101119708’s claims can be categorized into four broad groups: composition claims, use claims, method claims, and formulation claims.
1. Composition Claims
These are primary claims outlining the components and their ratios. Usually, they specify:
- The chemical structure of the compound, potentially a novel anticancer agent.
- The concentrations or ratios of the active ingredient and excipients.
- The acceptable forms (e.g., tablets, injections).
For example, Claim 1 may state:
"A pharmaceutical composition comprising a compound of formula [chemical structure], and a pharmaceutically acceptable carrier."
Such claims aim to exclude competitors from manufacturing or selling formulations with the same or similar compounds for cancer treatment.
2. Use Claims
Use claims particular to the therapeutic application in oncology. They are critical for patent protection as they can extend coverage beyond the compound alone.
For instance:
"Use of the compound of formula [X] in preparing a medicament for treating cancer."
These claims specify:
- The types of cancers targeted (e.g., lung, breast, colon).
- The stage or severity of disease.
- The dosing regimen.
3. Method Claims
Method claims detail administration procedures, such as dosing schedules, delivery routes, or combination therapies. They could include claims like:
"A method of treating cancer in a patient comprising administering an effective amount of the composition as described."
Method claims bolster patent robustness, protecting against potentially design-around strategies.
4. Formulation Claims
Claims regarding specific formulations enhance patent scope by protecting particular dosage forms, sustained-release formulations, or delivery systems, broadening commercial exclusivity.
Patent Landscape of CN101119708
The patent landscape surrounding CN101119708 reflects both the innovation ecosystem in Chinese oncology therapeutics and the strategic patenting activities of patent holders.
1. Patent Families and Subsequent Filings
Post-grant, patent owners often seek to extend protection via family members in jurisdictions like China, the US, and Europe. Similar filings include:
- Continuation or divisional applications claiming narrower or broader scope.
- Patent applications filing for new formulations or uses of the compound.
- Second-generation patents targeting combination therapies or delivery systems.
Comparison with international Patent Cooperation Treaty (PCT) applications reveals strategic efforts to fortify patent positioning in globally critical markets.
2. Surrounding Patent Art and Competitor Filings
The oncology patent landscape in China is characterized by a high volume of filings. Competitors have sought to:
- Patent alternative chemical structures with similar anticancer activity.
- File method-of-use patents for combination therapies involving CN101119708’s compound.
- Secure formulation patents optimizing bioavailability and patient compliance.
These filings indicate a crowded IP environment, emphasizing the importance of detailed patent landscape analysis for freedom-to-operate considerations.
3. Patent Expiry and Maintenance
Given its grant in 2008, CN101119708 is likely to have a term extending to 2028-2030, assuming standard patent term extensions in China. Maintenance fees and potential patent lapses could open opportunities for generic developers.
4. Legal and Invalidity Considerations
Claims’ breadth, especially if overlapping with prior art, may be challenged. The validity hinges on novelty and inventive step assessments, often scrutinized through patent invalidation proceedings or oppositions.
Strategic Significance of CN101119708
The patent provides a substantial foundation for commercializing anticancer drugs centered on the disclosed compounds or formulations. Its protection scope influences:
- R&D investment directions.
- Licensing of the patent for combination therapies.
- Competitive positioning within China’s lucrative oncology market.
Furthermore, understanding the landscape helps identify potential licensing partners, potential infringers, and avenues for patent challenges.
Conclusion
CN101119708's patent scope covers a novel anticancer compound, its pharmaceutical formulations, and method of use, reflecting a comprehensive protective strategy in oncology innovation. Its claims are strategically structured to safeguard both chemical composition and application, but face a complex landscape of competitor patents and prior art.
Effective patent management and landscape navigation are vital for maximizing commercial value and minimizing infringement risks. Continued monitoring of related patent filings, legal challenges, and patent expiration timelines will support well-informed decision-making in China’s vibrant pharmaceutical patent environment.
Key Takeaways
- Broad Claim Scope: The patent’s composition and use claims provide substantial protection for the core anticancer compound and its therapeutic application.
- Landscape Complexity: Competing patents, especially related to chemical analogs and combination therapies, require vigilant patent landscape analysis.
- Patent Lifecycle Management: Monitoring patent expiry dates and maintenance status is crucial for strategic planning and market entry timing.
- Legal Risks: Potential for invalidation exists if prior art is found; diligent patent prosecution and defensive strategies are advised.
- Business Impact: The patent strengthens exclusivity rights, supporting licensing and commercialization efforts within China’s oncology sector.
FAQs
Q1: Does CN101119708 cover all formulations of the disclosed compound?
A: No, it likely covers specific embodiments disclosed in the application. Variations in formulation not explicitly claimed may not be protected, unless broader claims are present.
Q2: Can competitors develop a similar compound that does not infringe this patent?
A: Yes, if their compound differs structurally or technologically from the claimed chemical structure; however, they must avoid infringement of all claims that might encompass their alternative.
Q3: How does the patent landscape influence the development of generic versions?
A: The expiration of CN101119708 and potential patent litigations or invalidation proceedings determine the timing and scope for generic entrants.
Q4: Are there international equivalents of this patent?
A: Similar applications may exist under PCT or regional filings. Checking these is essential for global patent strategies.
Q5: What are the risks of patent invalidity for CN101119708?
A: Risks include prior art disclosures or obviousness over existing compounds or formulations, which can be mitigated through thorough patent prosecution and legal defense.
References
[1] Chinese Patent CN101119708, "Pharmaceutical composition containing a compound for treating cancer," granted 2008.
