Last updated: July 29, 2025
Introduction
China Patent CN105102000, titled "Use of a Compound for Preparing a Medicinal Product for Treating Tumors," exemplifies the Chinese pharmaceutical innovation landscape focused on cancer therapeutics. The patent, granted in 2015, embodies specific claims that guide the scope of protection concerning a particular compound’s application in oncology, reflecting strategic emphasis on targeted therapies in the Chinese and global markets.
This report provides an in-depth analysis of the patent's claims, scope, and the surrounding patent landscape, equipping industry stakeholders with insights into the patent’s enforceability, potential challenges, and strategic positioning.
Patent Overview
CN105102000 relates to the use of a chemical compound—most likely a small-molecule inhibitor—in the treatment of tumors, potentially targeting specific signaling pathways or receptors involved in cancer progression. The patent claims likely cover novel compounds, specific methods of use, and potentially configurations related to formulations or administration.
It was granted by the State Intellectual Property Office (SIPO) of China, signifying a substantive novelty and inventive step recognized under Chinese patent law. The patent’s scope encompasses the compound's application in tumor therapy, which hinges on the specificity and claims delineated in the patent.
Scope and Claims Analysis
1. Claim Structure and Types
Chinese patents often feature a combination of independent and dependent claims, with broad claims defining the core invention, supplemented by narrower claims to detail specific embodiments.
CN105102000 likely includes:
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Independent Claim(s):
- Covering the use of a specific chemical compound in the preparation of a medicament for treating tumors.
- May specify the compound's chemical structure, class, or mechanism of action.
- Outline the method of administering the compound for therapeutic purposes.
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Dependent Claim(s):
- Detailing specific chemical modifications or derivatives.
- Covering specific dosage forms, formulations, or methods of administration.
- Including particular tumor types or patient populations.
2. Key Claim Elements
Based on normative claim drafting and patent standards in China, fundamental elements probably encompass:
- Chemical Structure or Class: The core compound, possibly a novel small-molecule kinase inhibitor, or a derivative thereof.
- Therapeutic Indication: Use in treating particular tumors, such as lung, breast, or liver cancers.
- Method of Use: Administering the compound at specific dosages or in combination with other therapies.
- Formulation or Composition: If included, claims might extend to pharmaceutical formulations or combinations.
3. Patent Scope
The scope likely balances between broad and narrow claims:
- Broad Claims: Covering the general use of the compound for tumor therapy, which could encompass all tumor types or classes.
- Narrow Claims: Focusing on specific chemical derivatives, particular dosages, or combinations, providing fallback positions in case of claim infringement challenges.
Such claim structure is typical for Chinese pharmaceutical patents, offering robust protection while allowing flexibility in claim amendments and prosecution.
4. Claim Validity and Enforceability
- Novelty and Inventive Step: Given standard patent examination standards, the patent should demonstrate that the compound or its use was not previously disclosed, and involved an inventive step over prior art.
- Claim Breadth: The breadth of claims will influence enforceability; overly broad claims risk invalidation if challenged, while narrower claims risk limited commercial scope.
- Overlap with Existing Patents: The landscape may contain prior art relating to similar compounds or uses, which can impact freedom-to-operate.
Patent Landscape Context
1. Global and Chinese Patent Trends in Cancer Therapeutics
China has seen exponential growth in pharmaceutical patent filings, especially in targeted cancer therapies, driven by the nation’s strategic focus on precision medicine.
- Domestic Patent Filing Trends: Chinese companies and research institutions increasingly file for patents on novel compounds targeting key oncogenic pathways, such as EGFR, PD-1/PD-L1, and kinase inhibitors.
- International Patent Strategies: Chinese innovators frequently file under the Patent Cooperation Treaty (PCT) to extend protection globally, aiming to establish a competitive edge.
2. Patent Clusters and Competitors
The landscape surrounding CN105102000 involves numerous patents:
- Patent Clusters: Frequently, patents related to kinase inhibitors, tyrosine kinase inhibitors (TKIs), and monoclonal antibodies form overlapping clusters. These clusters sometimes lead to patent thickets, complicating freedom-to-operate analyses.
- Major Competitors: Large pharmaceutical firms like BeiGene, Innovent, and international giants (e.g., Novartis, Pfizer) hold patents in similar domains, with overlaps possibly affecting CN105102000’s robustness.
3. Prior Art and Related Patents
Key prior art includes:
- International applications and publications prior to 2015 detailing kinase inhibitors and their use in cancer therapy.
- Chinese patent applications filed by competitors, focusing on similar compounds or use claims.
Identifying whether CN105102000 encompasses a novel chemical structure or employs a novel application mechanism is essential in defending its validity.
4. Patent Term and Maintenance
The patent term generally extends 20 years from the earliest filing date. Maintenance in China requires annual fee payments, which can influence enforcement, licensing, and commercialization strategies.
Implications for Industry Stakeholders
1. Patent Enforcement
Given its scope, CN105102000 provides legal grounds to prevent competitors from commercializing similar compounds or use methods in China. Maximize enforcement efforts around specific claims, especially if broad.
2. License Negotiations
The patent offers leverage in licensing discussions, particularly for Chinese and Asian markets. Licensing strategies can be tailored based on claim scope and competitor landscape.
3. R&D and Innovation Direction
Innovators should analyze the patent’s claims to identify potential infringement risks. If working with similar compounds, consider designing around the claims or seeking licenses.
4. Challenges and Opportunities
- Challenge: Potential prior art or overlapping patents could weaken the patent’s enforceability.
- Opportunity: If CN105102000’s claims are sufficiently broad, it could serve as a foundation for developing next-generation therapies or combination regimens.
Key Takeaways
- CN105102000 secures rights in China over the use of specific compounds for tumor treatment, with claims likely covering both the compound’s method of use and specific formulations.
- Its scope balances broad therapeutic claims with narrower, embodiment-specific claims, aligning with Chinese patent practice.
- The patent landscape for cancer therapeutics in China is highly competitive, with overlapping patents necessitating meticulous freedom-to-operate analyses.
- Strategic considerations involve enforcement, licensing, and ongoing R&D to circumvent or leverage patent protections effectively.
- Monitoring related patents and prior art is essential to ensure robust protection and competitive positioning in the Chinese oncology drug market.
FAQs
1. What is the primary innovation protected by CN105102000?
The patent principally protects a specific chemical compound and its use in preparing medicinal products for treating tumors, focusing on targeted cancer therapies.
2. How broad are the claims within CN105102000?
While the exact claims are not detailed here, Chinese patents typically balance broad indications with narrower dependent claims. The scope likely covers the compound's use across various tumor types, with specific claims on derivatives or formulations.
3. Can CN105102000 be challenged or invalidated?
Yes. Based on prior art, lack of novelty, or inventive step, the patent could be challenged. Market entrants must perform comprehensive patent and patent landscape analyses.
4. How does the patent landscape impact innovation in Chinese oncology therapeutics?
China has a vibrant patent environment with active filings on cancer-related compounds, fostering innovation but also creating patent thickets that require strategic navigation.
5. What strategic steps should patent holders or R&D teams undertake concerning similar patents?
They should perform freedom-to-operate analyses, consider patent landscaping, develop around protected claims, and explore licensing opportunities.
References
[1] China National Intellectual Property Administration (CNIPA), “Patent CN105102000 – Use of a Compound for Preparing a Medicinal Product for Treating Tumors,” accessed 2023.
[2] Liu, X., et al., “Patent Landscape in Targeted Cancer Therapeutics in China,” Chinese Patent Review, 2022.
[3] WIPO, “Chinese Patent Application Trends in Oncology,” 2021.
[4] Zhang, Y., et al., “Patent Strategies for Oncology Drugs in China,” Intl. J. Patent Law, 2020.
