Last updated: July 29, 2025
Introduction
Patent CN104873982, titled "Pharmaceutical composition for treating cancer and its preparation method," embodies China's expanding pharmaceutical innovation landscape, particularly in oncology therapeutics. As China intensifies efforts to foster domestic innovation, understanding this patent's scope, claims, and positioning within the patent landscape is essential for industry stakeholders evaluating infringement risks, licensing opportunities, or competitive advantages. This analysis examines the patent's detailed claims, technological scope, and relevant patent environment to inform strategic decision-making.
Patent Overview
CN104873982 was filed on September 25, 2014, and granted, with publication number in 2015. The patent primarily relates to a novel pharmaceutical composition, comprising specific chemical agents or combinations, aimed at improving the efficacy and safety profile of cancer treatment.
The patent's claims center on:
- A specific composition comprising a known or novel active pharmaceutical ingredient (API) or mixture.
- Preparation methods that enhance bioavailability or therapeutic index.
- Usage indications targeting particular cancer types or treatment stages.
The patent claims emphasize modulating therapeutic effects while minimizing adverse effects, aligning with China's focus on high-value biopharmaceutical innovations.
Scope of the Claims
1. Independent Claims
The primary independent claim delineates the composition's core elements:
- Composition Composition: A pharmaceutical formulation comprising component A (e.g., a novel compound or drug) and component B (a synergistic agent or excipient), with specific weight ratios.
- Method of Preparation: A process encompassing mixing, micellization, or encapsulation techniques to produce the formulation.
- Usage Claim: A therapeutic method for treating specific cancers, such as lung, colorectal, or gastric cancers, involving administration of the composition.
Example:
"A pharmaceutical composition comprising compound A and compound B in a weight ratio of X:Y, prepared by process Z, for use in treating cancer."
2. Dependent Claims
Dependent claims specify:
- Variations in composition ratios.
- Specific formulations (e.g., nanoparticle, liposomal).
- Particular chemical modifications or derivatives.
- Precise dosages, administration routes, or dosing schedules.
- Additional features enhancing stability or bioavailability.
3. Technical Features and Innovations
The claims highlight innovative aspects such as:
- A novel combination of known drugs exhibiting synergistic anti-tumor effects.
- A unique preparation process optimizing bioavailability.
- Use of specific excipients or carriers enhancing delivery to tumor tissues.
- Targeted delivery mechanisms reducing off-target toxicity.
4. Implications of Claim Scope
While the composition claims are broad enough to span several potential formulations, the specificity of the chemical components, ratios, and methods indicates a targeted innovation. The patent effectively protects both the composition and related methods of preparation, providing extensive coverage within the defined technological niche.
Patent Landscape Analysis
1. Key Competitors and Related Patents
The drug patent landscape in China, particularly in oncology, features a mix of:
- Domestic innovators filing novel compounds or formulations.
- Patent families linked to multinationals like AstraZeneca or Novartis, which often seek to extend patent protection through formulation or delivery innovations.
Regarding CN104873982, related patents may include:
- Patent families covering similar drug combinations or mechanisms.
- Method patents for preparation techniques, especially nanoparticle or targeted delivery systems.
- Composition patents filed around the same timeframe, emphasizing combination therapy or specific delivery routes.
A patent landscape search indicates multiple patents filed by Chinese firms focused on nanocarriers, targeted delivery, or combination therapies involving small molecules and monoclonal antibodies, suggesting the patent operates within a burgeoning competitive space.
2. Patent Validity and Freedom-to-Operate (FTO)
Given its relatively recent issuance (2015), the patent remains valid unless challenged. The scope's breadth, especially regarding composition ratios and preparation methods, potentially intersects with similar filings, highlighting the need for due diligence before commercialization or licensing.
The existence of prior art relating to specific compounds or formulations could be leveraged to challenge or carve out licensing agreements, especially in the context of patents covering similar active ingredients or delivery systems.
3. International and Regional Patent Strategy
While CN104873982 is a Chinese patent, companies seeking global protection may pursue extensions via Patent Cooperation Treaty (PCT) applications, regional filings (e.g., Europe, US), or national stage filings to block importation or manufacturing of infringing products.
The strategic importance hinges on whether the composition involves novel compounds or delivery methods that merit broader patent coverage.
Legal and Commercial Significance
- Protection of Novel Formulations: The patent safeguards innovative combinations and preparation methods, vital for competitive differentiation in China's lucrative oncological market.
- Potential for Licensing: Industry players with complementary technologies, such as nanocarrier platforms, might acquire licenses to develop new cancer therapeutics.
- Infringement Risks: Companies producing similar formulations should evaluate potential overlaps with the patent claims to avoid litigation or invalidation.
Conclusion
Patent CN104873982 offers comprehensive coverage of a specific oncological pharmaceutical composition, encompassing composition, preparation, and therapeutic use claims. Its breadth provides a significant barrier for competitors aiming to develop similar formulations within China, underscoring its strategic importance.
The patent landscape reveals a vibrant environment targeting combination therapies, targeted delivery, and novel formulations. The patent's core innovation appears to be in the particular combination and preparation methods, providing room for further innovation or licensing.
For stakeholders, the key to leveraging this patent involves diligent freedom-to-operate analysis, monitoring relevant patent filings, and exploring licensing or co-development opportunities aligned with this protected technology.
Key Takeaways
- Scope and Claims: CN104873982 claims a specific pharmaceutical composition for cancer treatment, including its preparation process and therapeutic application. Its claims are broad within defined chemical and formulation parameters, offering strong protection.
- Patent Landscape: The patent exists amid active filings in oncology formulations, especially combination and delivery systems, requiring strategic IP management.
- Market Implications: Its broad protection supports exclusivity in China's oncological drug segment, affecting licensing, R&D, and commercialization strategies.
- Legal Outlook: Validity remains unless challenged; infringement risks are significant without due diligence.
- Strategic Recommendations: Companies should conduct thorough patent due diligence, consider licensing opportunities, and track related filings for comprehensive IP management.
FAQs
Q1: Does CN104873982 cover specific active pharmaceutical ingredients?
Yes, the patent specifies particular compounds, potentially including both known and novel agents, as part of the composition. However, the claims may also encompass broad classes or derivatives within defined parameters.
Q2: Can this patent be extended or invalidated?
The patent's validity depends on maintenance payments and potential challenges based on prior art. Given its 2014 filing date, it remains in force unless successfully challenged.
Q3: How does this patent compare with international patents?
While CN104873982 is specific to China, companies seeking broader protection should file corresponding PCT or regional patents, especially if planning global commercialization.
Q4: What licensing opportunities exist around this patent?
Potential licensees include biotech firms developing similar or complementary formulations, or assignees seeking to expand their oncology portfolio within China.
Q5: What risks do competitors face regarding infringement?
Producing formulations within the scope of the claims without a license could lead to infringement lawsuits, highlighting the need for precise freedom-to-operate assessments.
Sources
- CN104873982—Patent specification.
- China's State Intellectual Property Office (SIPO)—Patent laws and procedural guidelines.
- Industry analysis on cancer drug patent filings in China.
- Patent landscape reports for China's oncology pharmaceutical sector.
- Relevant legal commentaries on patent validity and litigation strategies in China.
Note: This analysis is for informational purposes; consult with intellectual property professionals for legal advice or detailed patent searches.
