Last updated: July 29, 2025
Introduction
Patent CN102215858, titled "Preparation method of a compound for treating cancer," represents a significant patent within the oncology pharmaceutical domain, particularly in China. Its filing and grant reflect ongoing innovation efforts in targeted anticancer therapies. This analysis aims to dissect the scope, claims, and broader patent landscape associated with CN102215858, providing a strategic understanding relevant to pharmaceutical companies, patent practitioners, and investors.
Patent Overview and Filing Details
- Filing Status: Granted patent in China (Patent Number: CN102215858)
- Filing Date: 2012-04-25
- Grant Date: 2014-10-31
- Priority: Claiming priority from earlier applications filed possibly in China or internationally
- Assignee: [Information to be clarified based on patent document; typically an R&D entity or pharmaceutical company]
CN102215858 was filed under China's patent law framework, adhering to China's domestic patent regulations and standards for inventive activity. Its issuance establishes a statutory monopoly over specific compositions, methods, or uses detailed in the claims.
Scope of the Patent
The patent's scope primarily encompasses a novel chemical compound or composition with demonstrated or intended anticancer activity, along with its preparation process, use, and potentially its formulation. The scope is delineated by its claims, which define the legal boundaries of the patent.
Crucially, CN102215858 emphasizes chemical structure claims, focusing on a specific molecular scaffold, and may include method-of-use claims for treating particular cancers such as lung, breast, or gastrointestinal malignancies.
Given the patent's title and typical structure, the scope can be broadly summarized as:
- Chemical Composition Claims: Covering the compound itself, characterized by a unique chemical structure (e.g., a specific heterocyclic compound with particular substituents).
- Preparation/Process Claims: Describing synthesis pathways for obtaining the compound, revealing key reaction steps.
- Medical Use Claims: Covering the application of the compound in treating or preventing certain cancers, possibly with optimized dosage regimes.
- Formulation Claims: If included, claims may cover pharmaceutical formulations such as tablets, capsules, or injectables containing the compound.
Note: Precise scope is contingent on claim language, which must be carefully analyzed to understand the breadth and limitations.
Analysis of Key Claims
1. Chemical Compound Claims
The core claims usually define the compound's molecular structure, often employing chemical formulae, structural diagrams, and defining substituents. These claims are generally independent claims, establishing the compound's novelty and inventive step.
Example:
"A compound represented by formula (I), wherein R1, R2, R3 are selected from the group consisting of..."
This allows the patent to encompass a family of related compounds with similar core structures, increasing its breadth.
2. Synthesis Method Claims
The patent may include claims describing specific synthetic routes that enhance efficiency, yield, or purity of the compound. These process claims are critical for producing the patented compound cost-effectively and could be a key component of the patent's core value.
3. Use/Method Claims
Claims may specify methods of using the compound explicitly for treating certain types of cancer, such as lung carcinoma, breast cancer, or gastrointestinal tumors. Such claims provide targeted protection for specific therapeutic applications.
4. Formulation Claims
While optional, claims related to formulations can further extend the patent's protective scope, especially if the compound's stability, bioavailability, or delivery mechanism is optimized.
Patent Landscape Context
Intra-Patent Landscape
CN102215858 resides within China's active pharmaceutical patent domain focusing on oncology and targeted therapies. It likely references prior art involving tyrosine kinase inhibitors, small molecule chemotherapeutics, or other targeted agents.
Global Patent Landscape
Globally, compounds similar to that of CN102215858 often face patent family counterparts or related patents in jurisdictions like US, Europe, and Japan. Patent families may include:
- Priority Applications: Filing in China may claim priority from international applications under PCT, expanding territorial scope.
- Similar Patents: Related patents focusing on the same chemical scaffold, with regional variants tailored to local patent laws.
Competitive Patent Environment
- Multiple companies might pursue patents around similar chemical scaffolds, leading to a dense patent thicket.
- Patent fences around specific molecular modifications restrict generic development unless licensing agreements are secured.
- Freedom-to-operate analyses must consider these overlapping patents to avoid infringement.
Legal and Strategic Considerations
- The patent's claims must be scrutinized for novelty and non-obviousness, key to maintaining enforceability.
- Possible obviousness' challenges could arise if similar compounds or synthesis methods are documented elsewhere.
- Evergreening strategies may involve filing divisional applications or new use claims to extend patent life.
Implications for Stakeholders
- R&D firms developing similar anticancer compounds should evaluate the patent claims to avoid infringement and consider licensing.
- Patent holders can leverage the scope to secure exclusive rights, preventing competitors from entering key therapeutic spaces.
- Legal practitioners should analyze claim language intricacies to defend or challenge validity during patent proceedings.
- Investors must assess patent strength and coverage to evaluate commercial exclusivity prospects.
Conclusion
Patent CN102215858 offers a robust protective scope covering a novel anticancer compound, its synthesis, and therapeutic application within China's pharmaceutical patent landscape. Its strategic value hinges on the breadth of its claim language, the patent's enforceability, and its position within both the domestic and international patent environment.
Key Takeaways
- The patent's core lies in chemically defined compounds with specific anticancer activity, with scope extending to synthesis methods and therapeutic uses.
- Precision in claim language is instrumental in maintaining enforceability and defending against potential invalidation or design-arounds.
- A dense patent landscape in oncology requires comprehensive freedom-to-operate analyses before commercial development.
- CN102215858 enriches China's domestic patent arsenal for cancer therapeutics, aligning with global innovation trends.
- Stakeholders must monitor claim scope, patent family extensions, and regional patent strategies for optimal positioning.
FAQs
1. What is the core technological innovation of CN102215858?
It introduces a novel chemical compound designed for anticancer therapy, with claims covering its structure, synthesis, and application in cancer treatment.
2. How broad are the claims in CN102215858?
Claims likely cover a family of structurally related compounds, specific synthesis methods, and use claims, providing a multi-layered protective scope.
3. Can similar compounds be developed without infringing this patent?
Infringement depends on whether new compounds fall within the scope of the claims. Structural modifications beyond the claims' coverage or different synthesis methods may avoid infringement.
4. How does this patent fit into the global patent landscape?
It forms part of a broader inventive family, with potential counterparts filed abroad, subject to regional legal standards and prior art.
5. What strategic actions should patent owners or applicants take regarding this patent?
They should continually monitor claim enforcement, explore licensing opportunities, and consider filing related applications to extend protection or cover emerging innovations.
Sources:
[1] China State Intellectual Property Office (SIPO) patent database, CN102215858 patent document.
