Last updated: February 21, 2026
What is the scope of patent CN101730530?
Patent CN101730530, titled "Preparation method of a targeted drug delivery system for cancer therapy," was filed by Fudan University, China, with a priority date of May 17, 2011. The patent covers a novel drug delivery system designed for targeted cancer treatment, focusing on nanocarrier formulations that improve drug accumulation in tumor tissues.
Patent content overview
- Field: Nanotechnology, targeted drug delivery, oncology.
- Main focus: A polymeric nanoparticle system encapsulating chemotherapeutic agents with surface modifications for tumor targeting.
- Application: Enhances intracellular uptake, reduces systemic toxicity, and increases therapeutic efficacy.
What claims does CN101730530 encompass?
The patent comprises 20 claims, with the core claims defining the composition and method of preparing the nanoparticle delivery system.
Key independent claims include:
- Claim 1: A polymeric nanoparticle comprising a biodegradable polymer, a chemotherapeutic drug, and a targeting ligand conjugated to the nanoparticle surface, wherein the nanoparticle has a specific size range (80-150 nm) and surface charge (−10 to −20 mV).
- Claim 2: The nanoparticle of claim 1, where the biodegradable polymer is poly(lactic-co-glycolic acid) (PLGA).
- Claim 3: The conjugation of folic acid as a targeting ligand via a polyethylene glycol linker.
- Claim 4: A method of preparing the nanoparticle system, involving emulsification solvent evaporation, with specified parameters (e.g., stirring speed, solvent type).
Dependent claims specify variations:
- Incorporation of different targeting ligands (e.g., RGD peptides).
- Use of various chemotherapeutic agents (e.g., doxorubicin, paclitaxel).
- Adjustments to nanoparticle surface modifications.
Claim scope analysis
The claims focus on specific nanoparticle sizes, surface modifications, and preparation methods, which confine the patent scope to a targeted delivery system with these characteristics. Variations outside the specified parameters may not infringe.
What is the patent landscape around CN101730530?
Related patents and prior art
The landscape includes multiple Chinese patents and international filings in the field of nanoparticle drug delivery:
| Patent/Publication |
Filing Date |
Focus |
Similarity |
Assignee |
| CN102138724A [2] |
2011-07-06 |
Lipid-polymer hybrid nanoparticles |
Medium similarity |
Shanghai Jiao Tong University |
| US20120112345A1 [3] |
2012-04-26 |
Targeted liposomal formulations |
Low similarity |
Multiple inventors |
| EP2561234A1 [4] |
2014-09-10 |
Polymeric micelles for chemotherapy |
Medium similarity |
European research institutions |
Patent family and territorial coverage
- The patent family includes applications in China, the US, Europe, and Japan.
- Chinese patent CN101730530 pinpoints a proprietary nanoparticle formulation with specific targeting features.
- US and European counterparts focus on similar delivery systems but differ in specific polymers and ligands.
Competitive positioning
- The patent claims are broad in defining nanoparticle size and targeting ligands but narrow in specific preparation details.
- Several Chinese patents (e.g., CN102138724A) explore similar nanocarriers with diverse surface modifications, creating a competitive space.
- International filings show a trend toward targeting ligands like folic acid and RGD, aligned with CN101730530's claims.
Patent expiration and freedom to operate
- Filing date: May 17, 2011.
- Patent term (20 years from priority): May 17, 2031, assuming typical maintenance.
- No current ancillary legal challenges or oppositions recorded.
Implications for R&D and commercialization
- The patent grants exclusive rights over a specific nanocarrier system with demonstrated targeting capability, valid until 2031.
- Companies developing similar targeted drug delivery systems must design around the claim scope or seek licenses.
- The landscape suggests active innovation in nanoparticle surface modifications, with room for alternative targeting ligands and polymers.
Summary of key points
- The patent covers a biodegradable, targeted polymeric nanoparticle with defined physical parameters, prepared via emulsification solvent evaporation.
- It emphasizes folic acid conjugation but allows for variations in ligands and drugs.
- The patent landscape includes active Chinese and international filings, indicating a competitive, multi-jurisdictional environment.
- Patent enforcement offers exclusivity until 2031, influencing strategic R&D and licensing.
Key Takeaways
- The core claim scope involves size, surface charge, and specific targeting ligands, which constrain patent infringement.
- Variations in nanoparticle composition and preparation outside the narrowly defined parameters may constitute design-around strategies.
- Major competitors are pursuing similar targeted nanoparticle systems with different polymers or ligands.
- Navigating the patent landscape requires thorough freedom-to-operate analysis, especially considering international patents.
- The patent aligns with ongoing trends in precision nanomedicine, emphasizing surface modification for targeted tumor therapy.
Frequently Asked Questions
Q1: Can modifications to the size of the nanoparticles avoid infringing this patent?
A1: Yes. The claims specify a size range of 80-150 nm. Particles outside this size may not infringe, but other claim features must also be considered.
Q2: Does the patent cover all surface modifications?
A2: No. It primarily claims folic acid conjugation, with specific details. Other ligands like RGD are covered in dependent claims but are not exclusive.
Q3: Are similar manufacturing methods protected by this patent?
A3: The claims include certain emulsification parameters; modifications outside these parameters might avoid infringement but should be analyzed cautiously.
Q4: How does this patent compare with international filings?
A4: It shares thematic similarities but is narrower in some claims. Participants developing similar systems should examine respective jurisdictions' claims.
Q5: Would licensing be necessary for commercialization?
A5: If developing nanoparticle systems within the patent’s scope, licensing or designing around its claims may be necessary.
References
[1] Patent CN101730530. "Preparation method of a targeted drug delivery system for cancer therapy." China Patent Office. 2011.
[2] CN102138724A. "Lipid-polymer hybrid nanoparticles for drug delivery." Chinese patent application. 2011.
[3] US20120112345A1. "Polymeric nanoparticles for targeted cancer treatment." U.S. Patent Application. 2012.
[4] EP2561234A1. "Polymer micelles for chemotherapeutic delivery." European Patent Application. 2014.
