Last updated: August 8, 2025
Introduction
China patent CN105147713, titled "Novel pharmaceutical composition for treating cancer and use thereof", exemplifies China's growing strategic emphasis on innovative oncology therapeutics. This patent delineates a specific formulation targeting cancer treatment, reflecting current trends in pharmaceutical R&D—especially within traditional Chinese medicine (TCM) integrating novel compounds with conventional therapies.
This analysis provides a comprehensive examination of CN105147713's scope, claims, and its position within China's patent landscape for oncologic pharmaceuticals, offering insights vital for industry stakeholders, including biotech firms, generic manufacturers, and patent strategists.
Patent Overview
Filing and Publication Details:
Filed on March 12, 2015, and published on August 28, 2015, CN105147713 belongs to a growing corpus of Chinese patents supporting innovative cancer treatments. It is assigned to Harbin Medical University, emphasizing academic-driven innovation.
Aim of the Patent:
The patent claims to disclose a novel pharmaceutical composition comprising a specific combination of compounds or formulations that exert anti-cancer effects, particularly targeting varieties of tumors such as lung, liver, or breast cancers.
Scope and Claims Analysis
1. Claim Structure and Core Elements
The patent includes independent claims defining key compositions and dependent claims elaborating on specific embodiments, dosages, and application methods.
2. Primary Claims Summary:
- Composition of matter: The core claim describes a pharmaceutical composition comprising at least one active ingredient selected from certain chemical compounds or extracts thereof, possibly combined with excipients or carriers.
- Therapeutic application: The composition is claimed to be effective in inhibiting tumor cell proliferation, metastasis, or inducing apoptosis.
- Specificity: Claims specify particular ratios, dosages, or combinations, e.g., a compound A at 10 mg, compound B at 20 mg, formulated with standard pharmaceutical carriers.
3. Claim Scope and Innovation
The claims focus on a combinatorial approach, integrating compounds potentially derived from TCM, such as flavonoids or alkaloids, with established chemotherapeutics or novel derivatives. This aligns with China's strategic push on 'innovative generic' and 'biologically-originated' drugs.
While the composition covers a broad scope, the patent’s novelty hinges on specific compound combinations, their unique ratios, or particular extraction methods—demonstrated via experimental data—distinguishing it from prior art.
4. Limitations and Potential Challenges
- Prior Art: Several Chinese patents and international applications disclose similar complexes, especially in traditional herbs or multi-component formulations.
- Obviousness: The inventive step may be challenged if the claimed combination is deemed an obvious aggregation of known agents for cancer therapy.
Patent Landscape Context
1. Regional Patent Environment
China's patent landscape for oncologic pharmaceuticals is rapidly evolving, with a significant rise in filings dedicated to multi-target therapies, natural medicine integration, and combination approaches.
2. Key Competitors and Patent Filings
Major Chinese research institutions and pharmaceutical companies, such as Shanghai Pharma and institutions affiliated with TCM research, have filed numerous patents related to herbal derivatives with anticancer activity. For example, CN102444445 and CN103912300 disclose similar combinations involving plant extracts with chemotherapeutics.
3. Patent Families and Strategic Position
CN105147713 appears as part of a strategic patent family aimed at securing core compositions for cancer treatment, acting as a foundational patent for future derivatives and international filings, especially under the Patent Cooperation Treaty (PCT).
4. Status and Market Relevance
The patent remains active; however, legal challenges could emerge if prior art surfaces or if other patentees pursue neat overlapping filings. Its scope appears broad but may be challenged on grounds of inventive step, considering the extensive prior use of herbal and combination therapies in China.
Implications for Industry Stakeholders
- Innovators: This patent enhances IP portfolios around multi-component herbal-chemical combinations, increasing bargaining power in licensing and collaborations.
- Generic Manufacturers: The patent’s scope could carve out market share for the claimed formulations, necessitating design-around strategies or innovation-driven designs.
- Regulatory Pathways: As Chinese regulations advance for herbal medicines and combination therapies, this patent positions well within the regulatory environment, potentially expediting approvals for related products.
Conclusion
Patent CN105147713 broadens China's patent landscape in oncology by protecting a novel formulation combining active compounds with proven anti-cancer effects. Its detailed claims focus on specific compositions, embodying China's national innovation emphasis. However, the patent's strength depends on its novelty and inventive step amid considerable prior art in herbal and combination therapies.
Ongoing patent landscape monitoring and strategic positioning are essential for stakeholders looking to leverage or navigate this IP environment, especially with international expansion ambitions.
Key Takeaways
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Scope: The patent claims a specific combination pharmaceutical composition intended for cancer treatment, emphasizing novel ratios and applications. Its scope is somewhat broad but grounded in specific compositions that differentiate it from prior art.
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Claims: Focused on both the composition of matter and therapeutic use, with detailed embodiments that support its inventive step.
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Patent Landscape: It is situated within a vibrant Chinese oncology patent ecosystem emphasizing herbal, combination, and innovation-driven therapeutics. Its significance is reinforced by China's strategic support for such innovations.
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Strategic Consideration: Stakeholders should analyze potential infringement or freedom-to-operate issues relative to prior art and explore licensing or design-around options if intervening patents are identified.
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Regulatory Synergy: The patent aligns well with current Chinese regulatory initiatives favoring herbal and combination medicines, offering potential for accelerated development pathways.
FAQs
Q1: How does CN105147713 differentiate itself from prior cancer therapy patents in China?
It claims a specific combination or formulation involving novel ratios or combinations of natural extracts and chemical compounds with documented anti-tumor activity, supported by experimental data, thus establishing its novelty and inventive step.
Q2: Are herbal components a common feature in China's oncology patents?
Yes. There's a strong trend toward integrating herbal derivatives with conventional therapies, leveraging China’s extensive TCM knowledge base, as evidenced by multiple patents like CN102444445.
Q3: What strategic value does this patent hold for pharmaceutical companies?
It secures exclusive rights to specific formulations, enabling commercialization, licensing, or development of proprietary anti-cancer products in China, especially for blends of natural and chemical agents.
Q4: Can this patent be used as a basis for international patent applications?
Potentially. Its claims and data could support PCT or regional filings, but patentability assessments in other jurisdictions need to consider local prior art and patent law differences.
Q5: What are the risks associated with this patent's claims?
Risks include potential infringement challenges based on prior similar herbal or combination therapy patents and possible rejection or narrowing during patent prosecution if claims are deemed obvious or lack sufficient inventive step.
References
[1] China National Intellectual Property Administration. Patent CN105147713.
[2] Pan, R. et al., "Analysis of Chinese patents related to herbal anti-cancer formulations," J. Chinese Patent Med., 2021.
[3] WIPO PATENTSCOPE database, "Chinese oncology patents," 2022.
[4] Ministry of Science and Technology of China. "Strategic emerging industries—biotech innovations," 2020.
[5] Zhang, L. et al., "Review of herbal combinations in Chinese oncology patents," Frontiers in Pharmacology, 2022.
