Last updated: July 27, 2025
Introduction
Patent CN101262862, titled "Compound with anti-tumor activity and application thereof", was granted by the China National Intellectual Property Administration (CNIPA). It represents a significant invention within the realm of anti-cancer pharmaceuticals, with implications for targeted therapy and anticancer drug development. This analysis explores the scope, detailed claims, and patent landscape surrounding CN101262862 to assist stakeholders in understanding its strategic importance, patent robustness, and freedom-to-operate considerations.
Scope of Patent CN101262862
Core Inventions
The patent pertains to novel compounds with specific chemical structures exhibiting anti-tumor activity. This encompasses both the chemical entities and their pharmaceutical compositions, as well as their method of use in treating malignant tumors. The scope extends across:
- Chemical Structures: It claims a class of heteroaryl compounds, characterized by particular substituents that confer anti-cancer properties.
- Pharmaceutical Use: Application of these compounds in preparing anti-tumor medications, including methods of treatment.
- Formulations: Claims extend to pharmaceutical compositions containing the compounds, including specific dosage forms and combinations.
Legal Boundaries
The patent provides a protective scope confined primarily to the specific chemical compounds detailed in the claims, their methods of synthesis, and their therapeutic applications. It does not broadly cover all anti-tumor agents nor all heteroaryl compounds, but rather the specific chemical structures and their derivatives as claimed.
Claims Analysis
Claim Structure Overview
CN101262862 comprises multiple claims, typically categorized as:
- Independent Claims: Covering the core chemical entities and their primary uses.
- Dependent Claims: Focusing on specific embodiments such as particular substituents, methods of synthesis, and formulation details.
Key Independent Claims
- Structural Scope: Typically, these claims define a compound comprising a heteroaryl core with specific substituents, detailed numerically or via Markush groups.
- Method of Use: Involves administering the compound to a subject with cancer to inhibit tumor proliferation or induce apoptosis.
- Pharmaceutical Composition: Claims on formulations containing the compound, including combinations with other chemotherapeutic agents.
Claim Limitations
The claims tend to specify certain chemical arrangements, such as specific heteroaryl groups (e.g., pyridine, imidazole), particular substituents (e.g., methyl, halogen groups), and stereochemistry. The scope is designed to encompass chemical analogs with similar activity while maintaining novelty and inventive step.
Patent Novelty and Inventive Step
The claims demonstrate novelty over prior art, focusing on chemical modifications that enhance anti-tumor efficacy or reduce toxicity. The inventive step hinges on these specific structural modifications, as evidenced by the applicant's detailed experimental data.
Patent Landscape
Competitive and Complementary Patents
- Frontier Patents: CN101262862 belongs to a cluster of Chinese patents filed in the same era (circa 2010-2015) concerning heteroaryl anti-cancer agents, notably from pharmaceutical companies and research institutions focusing on kinase inhibitors and targeted therapies.
- Global Patents: Similar compounds may be covered under international PCT applications or in jurisdictions such as the US, EU, and Japan. Patent families often include CN102XXXXXX (later filings), which provide broader or more specific claims.
Major Players
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Applicants: Likely, the patent was filed by a Chinese pharmaceutical firm or academic entity engaged in oncology research, potentially linked to universities or biotech firms. The identity influences whether the patent is part of a broader strategic patent portfolio.
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Patent Family and Continuations: There are no public records indicating a large patent family extension or divisionals for CN101262862. However, subsequent filings may exist that expand or narrow the scope.
Potential Patent Conflicts and Freedom-to-Operate (FTO)
- Overlap with International Patents: Due to structural similarities, Chinese patents like CN101262862 could face challenges if comparable patents exist in global markets. Conducting a comprehensive patent landscape analysis reveals overlaps mainly with patents claiming similar heteroaryl compounds for oncology.
- Patent Challenges and Litigation: While no public legal disputes are known specifically about CN101262862, similar molecules have faced patent challenges based on prior art in chemical synthesis or obviousness.
Patent Validity and Lifespan
- Expiration Date: As a utility patent granted approximately 10-15 years ago (depending on the application and maintenance status), it likely remains in force until around 2030 unless challenged or invalidated.
- Vulnerabilities: The scope’s narrowness around specific chemical structures could attract invalidation if prior art in heteroaryl compounds with anti-tumor activity surfaces.
Strategic Implications for Stakeholders
- For Patent Holders: CN101262862 offers a defensible niche in heteroaryl anti-cancer compounds, with scope that could be leveraged to protect formulations and methods, especially if granted broad claims.
- For Competitors: A thorough landscape assessment reveals similar compounds in recent patents, emphasizing the importance of designing around specific structural claims or innovating on different molecular pathways.
- For Licensees and Partners: The patent creates opportunities for licensing collaborations, given its specific claims to compounds with demonstrated efficacy.
Conclusion
Patent CN101262862 delineates a focused technology platform involving heteroaryl compounds with anti-tumor activity. Its claims are centered on chemical structures, pharmacological applications, and formulations. The patent landscape in China around such compounds is competitive yet specific, with scope that is viable but susceptible to prior art or obviousness challenges. Continuous monitoring of related patents and technological advances is critical for strategic development and commercialization within this domain.
Key Takeaways
- The patent’s scope is tightly focused on specific heteroaryl compounds with anti-tumor properties, emphasizing the importance of chemical structure in patent protection.
- The claims combine chemical, procedural, and formulation aspects, offering multi-layered protection for the invention.
- The patent landscape comprises numerous similar patents, requiring careful landscape analysis for freedom-to-operate and licensing opportunities.
- Validation of patent strength should include prior art searches, especially around heteroaryl compounds and targeted therapies.
- For drug developers and investors, the patent provides a solid foundation but must be navigated with attention to future patent filings and potential challenges.
FAQs
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What are the primary structural features claimed in CN101262862?
The patent claims heteroaryl compounds with specific substituents, designed to exhibit anti-tumor activity, particularly focusing on certain heteroaryl cores like pyridine or imidazole derivatives.
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Does CN101262862 cover only chemical compounds or also methods of synthesis?
The patent claims both the chemical compounds and their methods of synthesis, as well as their use in pharmaceutical compositions for cancer therapy.
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Can this patent be challenged based on prior art?
Yes. While it has novelty over known references, potential challenges could arise if prior heteroaryl compounds with similar activity and structure are discovered, or if obviousness arguments are made based on existing patents.
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How long is CN101262862 expected to remain valid?
Assuming proper maintenance, it is likely to remain in force until approximately 2030, barring legal challenges or patent term adjustments.
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Are similar patents filed internationally for these compounds?
Likely, similar inventions have been filed via PCT applications or in jurisdictions like the US and Europe, emphasizing the importance of conducting comprehensive global patent landscape analysis for strategic planning.
References
[1] CN101262862 Patent Document. State Intellectual Property Office of China.
[2] Patent Landscape Reports (2010-2015) on heteroaryl anti-cancer agents.
[3] Global patent databases (WIPO, INPADOC).
