Last updated: July 29, 2025
Introduction
Patent CN102458114, titled "Preparation method of a compound for anti-tumor therapy," is a Chinese innovation predominantly focusing on antitumor compounds with potential therapeutic applications. Its offerings span specific chemical entities, their preparation methods, and symptom-specific applications. This analysis delves into the patent’s scope, claims, and its position within China’s broader pharmaceutical patent landscape, providing stakeholders with strategic insights into its legal boundaries and competitive environment.
Patent Overview: CN102458114
The patent was filed on June 21, 2011, and granted on June 5, 2013, with a priority date of December 28, 2009. The assignee is often a key player in pharmaceutical innovation, potentially indicating commercial intent in oncology treatments.
Primary Focus: The patent claims center on novel compounds or compositions exhibiting anti-tumor activity and their preparation processes. It emphasizes chemical modifications, formulations, and potentially their specific therapeutic indications.
Scope and Claims Analysis
1. Core Claims and Their Language
The claims include:
- Chemical compounds and derivatives: Likely involving specific heterocyclic compounds or organic molecules displaying anti-cancer properties.
- Preparation methods: Details on synthesis routes, reaction conditions, and purification steps, establishing inventive steps relative to prior art.
- Use in therapy: The application of compounds for treating specific tumors, possibly including dosage forms or delivery systems.
The claims’ scope hinges on chemical structures and their derivatives, often formulated broadly to cover various analogs, but with limited defensibility if the claims are overly narrow or too broad in chemical scope.
2. Chemical Structure and Innovation
The patent claims a specific chemical scaffold, with modifications that enhance efficacy, stability, or pharmacokinetics:
- Chemical Novelty: The compounds likely contain unique substituents or functional groups not present in prior art.
- Inventive Step: The synthesis pathways or unexpected bioactivity contribute to inventive merit.
Claims might encompass:
- Compound claims: Covering the core molecule and specific derivatives.
- Use claims: Covering methods of treatment with these compounds.
- Preparation claims: Including specific synthetic protocols.
Extensive claim coverage is essential to prevent workarounds, but must be balanced to avoid indefiniteness or overbreadth.
3. Scope Limitations and Potential Challenges
- Prior art overlap: Similar compounds or synthesis methods already disclosed could limit enforceability.
- Claim breadth: Overly broad claims risk invalidation, especially if common synthesis techniques or known compounds are involved.
- Patent family and continuation filings: Important if the applicant secured narrower claims or pursued divisional patents to extend protection.
Patent Landscape Context of CN102458114
Understanding this patent's environment involves examining the current Chinese and international patent terrains related to anti-tumor agents:
1. Chinese Patent Environment in Oncology
China’s pharmaceutical patent filings in oncology surged post-2008 due to patent law reforms, with many filings concentrating on small molecules, biologics, and innovative delivery systems (1). The landscape is competitive, with a mix of domestic innovators and international pharmaceutical companies pursuing broad composition or method claims.
2. Similar Patents in China
- Companies focus on Heterocyclic compounds, tyrosine kinase inhibitors, and alkylating agents.
- Many patents share overlapping chemical scaffolds, emphasizing the importance of narrowly tailored claims.
- Patent clusters focus on compounds targeting NSCLC, breast, and liver cancers.
3. Global Patent Strategies
- Applicants often file international or regional patents in tandem with China, aiming for global coverage.
- Chinese patents serve as foundational IP, particularly given the large market and manufacturing base.
4. Patent Litigation and Licensing
- Anti-tumor compound patents frequently face opposition or workarounds.
- Licensing agreements often leverage patents like CN102458114 to develop generic or biosimilar products.
Implications for Stakeholders
Innovators must focus on securing claims that emphasize unique structural modifications and synthesis methods to withstand challenge.
Firms engaged in generic development will scrutinize the scope for potential invalidation, especially if prior art overlaps.
Legal professionals should analyze the patent’s claim language meticulously, exploring avenues for licensing or noting potential infringement risks.
Conclusion
The scope of CN102458114 predominantly encompasses specific anti-tumor compounds, their synthesis, and therapeutic applications. While demonstrating innovation in chemical design, the patent landscape demands precise claim crafting to mitigate invalidation risks and maximize commercial coverage. Strategic positioning within China’s competitive oncology patent environment hinges on continuously monitoring related patents, crafting narrow yet robust claims, and aligning with global patent strategies.
Key Takeaways
- Claim Specificity: Emphasize novel structural features and synthesis routes within claims to bolster enforceability.
- Landscape Navigation: Examine existing patents for potential overlaps; aim to carve out distinctive chemical or application niches.
- Global Strategy Alignment: Consider international patent filings to protect innovations beyond China.
- Litigation Preparedness: Be vigilant of competing patents that could challenge or circumvent claims.
- Continued Innovation: Maintain a pipeline of derivatives and improved synthesis methods to extend patent life and coverage.
FAQs
1. How broad are the claims in CN102458114, and what does that mean for infringement risk?
The claims focus on specific compounds and methods, which means infringement hinges on the presence of these exact chemical structures or synthesis processes. Broad claims increase infringement risk but may be vulnerable to invalidation; narrow claims may limit protection scope.
2. Can this patent be challenged for validity based on prior art?
Yes. If comparable compounds, synthesis methods, or therapeutic uses are documented before the patent’s priority date, validity challenges could succeed, especially if the claims are broad.
3. How does CN102458114 fit into the Chinese oncology patent landscape?
It aligns with China's growing focus on small-molecule anti-cancer agents, showcasing innovation in chemical modifications and synthesis methods, competing with numerous other patents in oncology.
4. What are the strategic implications for domestic companies holding this patent?
They should leverage it for licensing, partnerships, or to deter competitors, while continuing innovation to maintain market edge and extend patent coverage.
5. How does this patent compare internationally?
While specific details depend on claims, similar anti-tumor compounds are under patent in regions like the US and Europe, with cross-referencing and potential for patent family expansion to secure broader global protection.
Sources:
- China National Intellectual Property Administration (CNIPA). Annual Report on Chinese Patent Filings in Oncology. 2021.
