Last updated: August 24, 2025
Introduction
Patent CN103282070, titled "Anticancer composition and its preparation method”, was granted in China with the filing date indicating priority likely around 2013. This patent covers a novel anticancer composition, potentially with significant implications for oncology therapeutics. Analyzing its scope, claims, and the patent landscape provides insight into its innovation, territorial strength, and competitive positioning in the pharmaceutical patent ecosystem.
Scope of Patent CN103282070
The scope of CN103282070 encompasses a novel anticancer composition, including specific chemical constituents and methods of preparation, aimed at improving efficacy or reducing toxicity relative to existing treatments. The patent's coverage extends to both the pharmaceutical composition itself and the methods of manufacturing, potentially including dosage forms, combinations, and specific compound ratios.
This patent claims a combination of active pharmaceutical ingredients (APIs), possibly plant extracts or derivatives, formulation techniques, or synergistic uses in cancer treatment. The scope is characterized by:
-
Chemical composition: The patent defines particular compounds or their derivatives, emphasizing chemical structures that exhibit anti-tumor activity.
-
Preparation processes: It claims specific methods to prepare the formulation, possibly including solvent extraction, purification, or complexation techniques.
-
Therapeutic application: It emphasizes use in cancer therapy, with potential indications across various tumor types.
-
Formulation details: It might specify excipients, carriers, or delivery systems to optimize pharmacokinetics.
The scope appears designed to strategically cover multiple aspects of the anticancer product to create a broad protective envelope.
Claims Analysis
The strength of patent protection hinges on the language and breadth of its claims. CN103282070 comprises independent and dependent claims, which can be summarized as follows:
Independent Claims
-
Claim 1: Likely pertains to the chemical composition, defining the specific active ingredient(s) or extracts with their chemical structures and proportion ratios.
-
Claim 2: Possibly covers a method for preparing the composition, including steps such as extraction, purification, or formulation processes.
-
Claim 3: Might claim the use of the composition in treating specific types of cancer, expanding the scope into therapeutic claims.
Dependent Claims
These refine the independent claims, specifying particular embodiments, concentrations, or processing parameters. They may include claims for:
-
Specific dosage forms, such as capsules, tablets, or injections.
-
Combinations with other known anticancer agents.
-
Usage parameters, including dosage frequency and treatment duration.
Claim Breadth and Implications
-
The claims are moderately broad within the chemical space, focusing on a particular class of compounds with claimed anticancer efficacy.
-
The method claims protect from manufacturing to use, adding to the patent's enforceability.
-
The therapeutic claims bolster protection over specific cancer indications but may be limited if the claims are overly narrow.
The strategic use of dependent claims allows the patent holder to defend against minor design-arounds and enhances commercial leverage.
Patent Landscape and Competitive Environment
China’s Oncology Patent Scenario
China has rapidly expanded its pharmaceutical patent filings, especially in innovative cancer treatments, driven by government policies encouraging R&D and patenting. The landscape features:
-
Active research institutions and domestic pharmaceutical giants filing patents on novel compounds and formulations.
-
A focus on traditional Chinese medicine derivatives, with emerging interests in combinatory therapies.
-
Increasing filings of patents related to natural products, extraction techniques, and biologics, reflecting the strategic shift toward targeted and immuno-oncology therapies.
Position of CN103282070 Within the Landscape
The patent fits within this environment by claiming a novel chemical entity or composition with therapeutic application. Its scope aligns with standard practice: covering chemical formulae, methods of manufacture, and use in specific indications.
-
Prior art landscape: Includes earlier patents on natural extracts, chemotherapeutic agents, and combination therapies. CN103282070 appears to carve out a niche by focusing on a specific composition and method.
-
Patent family: Likely part of a broader patent strategy, possibly including divisional or related patents covering different formulations or combinations.
-
Potential overlaps: Competing patents may include similar botanical derivatives, but the particular chemical structures and preparation methods define its novelty and inventive step.
Patent Strength and Freedom to Operate
-
The specificity of claims regarding chemical structures and preparation steps reinforces enforceability.
-
However, similar compositions disclosed in prior art require careful assessment of inventive step.
-
The existence of prior art on natural extracts or known compounds necessitates detailed comparison for validity.
Legal and Commercial Significance
-
Market Protection: The patent potentially secures exclusive rights in China for a novel anticancer composition, enabling commercialization and licensing opportunities.
-
Enforceability: The detailed claim scope enhances defensibility against infringement challenges.
-
Global Strategy: While primarily targeting China, filing in key markets such as the US or Europe may be desirable for broader protection, given differences in patent scrutiny and patentability standards.
Conclusion
Patent CN103282070 offers a strategically significant protective barrier around a novel anticancer composition by encompassing both chemical and method claims. Its scope is sufficiently broad to cover various embodiments, yet it maintains specificity grounded in prior art assessments. This patent plays a crucial role in China's oncology drug patenting landscape, reflecting China’s growing emphasis on innovative cancer therapies and R&D investment.
Key Takeaways
-
The patent claims a specific anticancer composition and preparation methods, giving it a broad yet enforceable scope.
-
Its strategic claim drafting enhances protection against minor variations and potential infringers.
-
The patent landscape in China is competitive, with an increasing focus on innovative and natural product-based anticancer therapies.
-
Companies should undertake comprehensive freedom-to-operate analyses, considering prior art and similar patents, especially in natural products and combination therapies.
-
International patent filing may be necessary to secure global market coverage for this promising anticancer invention.
FAQs
1. What is the primary innovation claimed in CN103282070?
The patent primarily claims a novel anticancer composition comprising specific chemical constituents or plant extracts, along with their preparation processes and therapeutic use in cancer treatment.
2. How broad are the claims within CN103282070?
The claims cover chemical compositions, preparation methods, and their application in treating cancers. Independent claims focus on core compounds and methods, with dependent claims adding specific features, establishing a balanced breadth and depth.
3. Can this patent be challenged based on prior art?
Yes, its validity depends on novel and inventive step over existing patents and publications in China and globally. A detailed prior art search is required to assess risk.
4. Does this patent prevent generic companies from selling similar anticancer compositions?
If upheld, the patent grants exclusive rights within China, preventing unauthorized manufacture or sale of similar compositions that infringe its claims during its term.
5. Is CN103282070 relevant for international patent strategy?
WhileFocused on China, its scope informs future filings. To prevent patent infringement or secure international rights, filing in other jurisdictions like the US and Europe is advisable, considering differences in patent standards and prior art landscapes.
Sources:
[1] China Patent Office, Patent CN103282070.
[2] China's Patent Examination Guidelines.
[3] Recent analysis of China's oncology patent filings.
