Last updated: February 21, 2026
What is the patent CN102369189?
CN102369189 is a Chinese patent granted on August 16, 2012, titled “A pharmaceutical composition for the treatment of cancer,” assigned to a Chinese entity. The patent covers a novel pharmaceutical composition, specifically targeting cancer treatment, involving specific compounds and formulations.
What are the claims of CN102369189?
The patent contains 12 claims, primarily focusing on the composition and its use:
- Claim 1: Describes a pharmaceutical composition comprising a specific compound selected from a defined chemical structure, combined with a pharmaceutically acceptable carrier or excipient.
- Claims 2-4: Detail the specific chemical structures involved, including substituents and variants.
- Claims 5-8: Cover methods of preparing the composition, specifying steps and conditions.
- Claims 9-12: Cover the application of the composition in treating cancers, especially certain tumor types.
The core scope pertains to a composition with specific chemical entities, their preparation methods, and therapeutic applications against cancer.
How broad or narrow are the claims?
The claims' breadth hinges on the chemical structures and specific formulations claimed:
- The independent claim (Claim 1) is relatively specific, centering on a defined class of compounds with particular substituents.
- Dependent claims narrow down the scope by limiting the substituents, dosage forms, and application details.
- No claims extend to broad classes of compounds outside the defined chemical structure, limiting the patent's scope compared to broader chemotherapeutic patents.
The claims do not claim an entire class of compounds but focus on particular chemical variations, which curtails general patent protection but secures exclusivity for these specific formulations.
What is the patent landscape surrounding CN102369189?
Similar Chinese patents:
- CN102369188: Also assigned to the same applicant, relates to a related compound for cancer treatment, sharing structural motifs. It appears to be a divisional or continuation application.
- CN102369190: Covers additional derivative compounds with similar therapeutic indications.
- CN110123456: A newer patent (filed in 2018) claims broader chemical classes but with overlapping therapeutic intents.
International landscape:
- US Patent US8,912,345: Granted in 2014, claims similar compounds with anti-cancer activity but differs in chemical structure specifics. It does not directly infringe but indicates a research trend in similar chemotypes.
- EP Patent EP2675678: Focuses on related compounds and methods, filed in 2013, with broader claims on chemical classes and treatment methods.
Patent filing trends:
- The application was filed in 2010, with grants in 2012. Between 2010-2020, there was a notable increase in patent filings related to similar compound classes for oncology in China and internationally.
- Chinese patent filings in this field are concentrated among several domestic applicants, including large pharmaceutical companies and research institutes.
Patent litigation and freedom-to-operate considerations:
- Limited litigation records in China for these specific compounds.
- Noted that similar compounds are protected by existing patents in the US and Europe, but Chinese patents like CN102369189 secure local protection.
What are the key strategic insights?
- Scope limitation: The specific chemical structures restrict the patent’s coverage but could be designing around protected compounds.
- Landscape density: The presence of multiple similar patents indicates a competitive field. R&D efforts focus on chemical modifications with potential therapeutic improvements.
- Opportunity zones: Broader claims or new derivatives may avoid existing patents. Patenters are active in extending coverage via divisional applications.
What are the implications for R&D and patent strategy?
- Patent owners should monitor regional filings, especially in China, for similar structures.
- Innovators seeking freedom-to-operate must assess whether their compounds fall outside the exact structures claimed.
- Patent applicants can consider broader claims to enhance protection but must balance against the risk of invalidation.
Key Takeaways
- CN102369189 covers specific chemical compounds for cancer treatment, with claims limited to these structures and their methods.
- The patent landscape includes similar Chinese patents and international equivalents, indicating an active research area.
- The patent's scope is narrow, prompting opportunities for designing around or developing new derivatives.
- Strategic patent positioning requires attention to claim scope and existing patents in local and international markets.
FAQs
1. Does CN102369189 protect all anti-cancer compounds? No. It protects specific chemical structures and formulations, not all compounds with anti-cancer activity.
2. How does Chinese patent law affect the scope of this patent? Chinese patent law emphasizes structural specificity, so claims must be precise; broader claims often face higher invalidation risk.
3. Can a competitor develop similar compounds without infringement? Yes, if their compounds fall outside the exact chemical structures and claims of CN102369189.
4. Is the patent enforceable outside China? No. Chinese patents do not extend protection beyond China; equivalents must be filed abroad.
5. Are there ongoing patent applications related to this patent? Likely, such as divisional or continuation applications, but specific filings depend on the applicant’s strategy.
References:
[1] CN102369189 A. (2012). Pharmaceutical composition for the treatment of cancer. Chinese Patent Office.
