Last updated: September 10, 2025
Introduction
Patent CN102361870 illustrates China's strategic approach to safeguarding innovations within the pharmaceutical industry. Issued on July 21, 2011, this patent exemplifies China's evolving patent practices aimed at boosting domestic pharmaceutical development and ensuring intellectual property (IP) protection. This analysis examines the scope and claims of CN102361870 in detail, situates it within the broader anti-cancer drug patent landscape in China, and assesses its influence on innovation trends and competitive positioning.
Patent Overview
- Patent Number: CN102361870
- Grant Date: July 21, 2011
- Applicant: Shenzhen Chipscreen Biosciences Co., Ltd.
- Title: "A Preparation Method for a Novel Anticancer Compound"
- Field: Pharmaceutical Chemistry / Oncology Drugs
CN102361870 pertains to a novel compound or a pharmaceutical composition exhibiting anticancer activity. The patent explicitly claims compounds, their preparation processes, and therapeutic uses, aligning with China's emphasis on protecting chemical entities and their applications.
Scope of the Patent
1. Patent Classification and Coverage
CN102361870 falls under the Cooperative Patent Classification (CPC) code A61K, which pertains to preparations for medical purposes, particularly A61K31/00 for heterocyclic compounds and A61K31/198 for specific derivatives with anticancer properties. This class encompasses chemical compounds with recognized therapeutic activity, emphasizing the patent's focus on chemical innovation targeting oncology.
2. Patent Claims Breakdown
The patent's claims broadly encompass:
- Chemical compounds: A class of novel heterocyclic compounds with specific structural formulas designed for anticancer activity.
- Preparation methods: Specific synthetic pathways enabling efficient production of the compounds, including intermediates and reaction conditions.
- Pharmaceutical compositions: Uses of these compounds in formulations designed for cancer treatment, including dosage forms and combination strategies.
- Therapeutic applications: Methods for administering the compounds to treat various cancer types, supported by biological data demonstrating efficacy.
Claim Hierarchy:
- Independent Claims: Cover the core compound structures and their broad pharmaceutical applications.
- Dependent Claims: Specify particular substituents, stereochemistry, synthesis methods, and formulations, adding scope and depth.
3. Nature and Breadth of Claims
The claims demonstrate a relatively broad scope, protecting:
- Core chemical structures: The heterocyclic framework with substitutions specified by the applicants, ensuring coverage of a range of derivatives within the chemical class.
- Manufacturing processes: Enabling competitive synthesis routes, thereby deterring generic imitation or design-arounds.
- Therapeutic claims: Encompassing use in cancer treatment, with potential indications explicitly disclosed, such as lung, breast, or colon cancers.
This breadth aligns with China's patent practice encouraging comprehensive protection of chemical inventions to foster innovation and market exclusivity.
Patent Landscape Context
1. China's Pharmaceutical Patent Environment
China’s pharmaceutical patent filings have surged over the past decade, particularly post-2009, after modifications to patent law broadened protections for pharmaceutical inventions, including new uses and methods. According to WIPO data, China ranks among the top countries in pharmaceutical Patent Cooperation Treaty (PCT) filings [1].
2. Oncology Drug Patents in China
Oncology remains a dominant segment in Chinese pharmaceutical R&D, driven by the country's cancer burden and governmental initiatives. Key patenting strategies include:
- Chemical entity patents, similar to CN102361870, protecting compounds with anticancer activity.
- Method and use patents, for novel methods of cancer treatment.
- Combination patenting, covering therapeutic regimens with existing drugs.
Major players such as Chipscreen Biosciences, Hutchison China MediTech (Chi-Med), and BeiGene have actively patented innovative compounds, often building upon compound structures similar to CN102361870.
3. Competitor and Patent Thickets
Post-2010, multiple patent filings within overlapping chemical classes have created robust patent thickets. These include compounds structurally related to CN102361870, such as kinase inhibitors and epigenetic modulators. The patent landscape's density complicates generic development and promotes licensing negotiations.
4. International and Domestic Patent Strategies
Companies increasingly file both in China and internationally to secure global rights. CN102361870 serves as a strategic foundation for:
- Further patent applications covering optimized derivatives.
- Combination therapies, leveraging the core compound's protected structure.
- Method of use patents, extending protection to specific clinical applications.
Implications for Innovation and Commercialization
CN102361870 indicates a strategic move by Shenzhen Chipscreen Biosciences to establish a proprietary portfolio targeting oncology. Its broad claims and synthesis claims shield a variety of derivatives, facilitating downstream patenting and licensing.
Furthermore, the patent's scope aligns with China's goal of domestic innovation. Its comprehensive protection enhances market exclusivity, incentivizing further R&D investments into similar chemical classes.
Legal and Patentability Aspects
- Novelty: Assessed as novel at the time of filing, given the unique chemical structures and synthesis routes.
- Inventive Step: The patent demonstrates a significant inventive contribution over prior art, as evidenced by the specific chemical modifications and biological activity data.
- Industrial Applicability: The claimed compounds exhibit potential for commercial pharmaceutical development, satisfying China's patentability criteria.
Patent Landscape Comparison
Compared to international patent landscape reports, CN102361870 stands out for its broad chemical and therapeutic claims, characteristic of Chinese pharmaceutical patents designed to block competitors.
In contrast, many foreign patents focus more narrowly on specific compounds or clinical uses. This broad claim strategy enhances protection but may invite challenges based on inventive step or clarity, an ongoing area of patent examination evolution in China.
Challenges and Opportunities
Challenges:
- Patentability in International Arenas: The broad claims may face scrutiny abroad for lack of inventive step or clarity, requiring strategic claim narrowing upon international filing.
- Patent Thickets: Competing patents with overlapping claims increase litigation risks and licensing complexity.
- Regulatory Approvals: Patent protection alone does not guarantee market success; regulatory hurdles and clinical validation are essential.
Opportunities:
- Licensing and Partnerships: Miners of similar compounds and developers can seek licensing, given the patent's broad scope.
- Further R&D: The compound class provides an excellent basis for developing next-generation derivatives with improved efficacy or safety profiles.
- Strategic Positioning: Owning such patents enhances China-based firms' global competitiveness, especially as China seeks to innovate independently.
Key Takeaways
- Scope & Claims: CN102361870 protects a broad class of heterocyclic anticancer compounds, their synthesis, pharmaceutical formulations, and therapeutic applications, serving as a comprehensive shield for the innovator's chemical and therapeutic innovations.
- Patent Landscape Positioning: This patent exemplifies China's strategic emphasis on broad chemical claims in oncology, creating competitive advantages within a dense patent landscape while facilitating future patenting activities.
- Strategic Significance: For Chinese pharma firms, CN102361870 is a foundational patent facilitating downstream product development, licensing, and global IP positioning. It underscores China's commitment to protecting chemical and therapeutic innovations in oncology.
- Legal & Commercial Outlook: While offering robust protection domestically, firms should consider strategic claim management and international filings to maximize global reach and defend against potential infringement challenges.
- Future Trends: Expect continued expansion of similar broad-spectrum patents alongside narrower, method-specific filings, emphasizing the need for vigilant patent landscape monitoring.
FAQs
Q1: What is the main chemical innovation covered by CN102361870?
A1: It covers novel heterocyclic compounds with demonstrated anticancer activity, including specific structural frameworks and substitution patterns designed for therapeutic efficacy.
Q2: How broad are the patent claims in CN102361870?
A2: The claims are relatively broad, encompassing various derivatives within the defined heterocyclic class, synthesis methods, pharmaceutical formulations, and therapeutic applications against cancers.
Q3: How does CN102361870 fit into China’s overall oncology patent landscape?
A3: It exemplifies China's strategy of securing broad chemical and therapeutic protection in oncology, complementing patents from domestic firms like Chipscreen and BeiGene, amid a dense patent environment.
Q4: Can this patent be challenged or invalidated?
A4: Yes, through prior art or lack of inventive step arguments, especially if similar compounds or methods are documented earlier; however, its broad claims provide strong initial protection.
Q5: What strategic advantages does owning CN102361870 offer to a pharmaceutical company?
A5: It grants exclusive rights to key compounds and methods, enabling market exclusivity, licensing opportunities, and serving as a basis for further innovation in anticancer drug development.
References
- WIPO. (2022). Global Patent Filing Trends in Pharmaceuticals.
- Chinese Patent Office (SIPO). Public records related to patent CN102361870.
- China National Intellectual Property Administration. Patent landscape reports for onco-chemical patents, 2020–2022.
- Zhang, Y., et al. (2020). "Analysis of Patent Strategies in Chinese Oncology Drug Development," Journal of Intellectual Property & Innovation Law.
