Last updated: August 10, 2025
Introduction
China Patent CN108524483, titled "Preparation Method of a Drug for Treating Cancer," exemplifies the country’s expanding innovation in oncological pharmaceuticals. This patent, granted by the China National Intellectual Property Administration (CNIPA), reflects strategic developments in anticancer drug formulations and therapeutic methods. To inform stakeholders—including pharmaceutical companies, patent attorneys, and R&D organizations—it is essential to understand the patent’s scope, detailed claims, and its positioning within China’s recent patent landscape.
This analysis dissects CN108524483's inventive coverage, identifies core claim elements, and contextualizes its patent environment, emphasizing implications for market entry, licensing, and competitive strategies.
1. Patent Overview and Technical Field
CN108524483 pertains to pharmaceutical formulations, focusing on compounds and methods for cancer treatment, specifically targeted tumor therapy. The patent claims new chemical entities, drug compositions, or treatment methods that are innovative over previous art, aligning with China's recent strategic push for cancer therapeutics.
The patent likely falls within the classification of A61K (Preparations for medical, dental, or hygienic purposes) and A61P (Specifically designed medicinal preparations), which cover pharmaceutical compositions and their therapeutic applications.
2. Scope of the Patent
2.1 Core Innovation Focus
The patent broadly aims to address deficiencies in existing cancer therapies by introducing:
- Novel chemical entities or derivatives with enhanced efficacy and reduced toxicity.
- Innovative drug delivery systems or formulations improving bioavailability.
- Specific therapeutic methods, possibly involving combinations, dosing regimens, or targeted approaches.
2.2 Core Claims Analysis
CN108524483 likely encompasses multiple claims: independent claims establishing the breadth of the invention, supported by dependent claims that narrow or specify certain embodiments.
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Independent claims:
These are pivotal—they define the essential elements. In this patent, they may claim:
- A specific chemical compound with structural features demonstrated to have anticancer activity.
- A pharmaceutical composition comprising the compound, possibly combined with excipients or delivery agents.
- A method of treating cancer involving administering the compound or composition, with defined dosages and treatment protocols.
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Dependent claims:
Further specify aspects such as:
- Variations in chemical structure (e.g., specific substitutions on the core skeleton).
- Formulation parameters (e.g., sustained-release matrices).
- Specific cancer types (e.g., lung, liver, or breast cancer).
- Combination therapies with other drugs.
2.3 Claim Language and Patent Breadth
Chinese patents often employ broad language to cover chemical classes or methods, which can impact patent enforceability:
- Use of Markush structures to encompass a chemical family.
- Method claims covering particular treatment scenarios or administration routes.
- Formulation claims relating to specific dosage forms.
The scope's strength hinges on how these claims are articulated—whether they are overly broad or supported by sufficient experimental data.
3. Patent Landscape and Strategic Positioning
3.1 Prior Art and Novelty
The novelty of CN108524483 depends on whether similar compounds or treatment methods prior to its filing date exist. Given the proliferation of oncology patents in China, the patent’s innovators must demonstrate:
- Unique chemical structures not disclosed previously.
- Innovative techniques in synthesis or formulation.
- Distinct therapeutic methods that differ markedly from existing practices.
Preceding patents within China’s cancer drug space include entities like BeiGene, Hutchison China, and others advancing targeted therapies (e.g., tyrosine kinase inhibitors). Comparative analyses reveal that CN108524483 likely emphasizes specific structural modifications or delivery methods to carve a niche.
3.2 Patent Family and Related Applications
CN108524483 forms part of a broader patent family, possibly including:
- International filings under Patent Cooperation Treaty (PCT).
- National-phase entries in other jurisdictions.
- Continuation applications expanding patent rights.
Understanding its family helps assess global patent strength and potential freedom-to-operate issues.
3.3 Competitive Landscape
The patent landscape in China features fierce competition in oncology:
- Key players: Innovators like BeiGene and Hansoh Pharmaceuticals.
- Strategic focus: Targeted therapies, immunotherapies, and personalized medicine.
- Patent overlaps: Potential infringement risks if similar claims are published by other entities, underscoring the importance of claim specificity.
CN108524483’s allowance indicates a recognized inventive step over prior art, but ongoing patent prosecution or litigations in this area may influence its enforceability.
4. Implications for Stakeholders
4.1 For Innovators and R&D
- The scope of claims offers avenues for developing new formulations or derivatives aligned with CN108524483.
- Careful design of experiments is necessary to avoid infringement while ensuring freedom to operate.
- Strategic patenting around the core claims can strengthen market position.
4.2 For Licensing and Commercialization
- The patent provides leverage for licensing negotiations, especially if the claims encompass widely used chemical classes or methodologies.
- Due diligence should target claim infringement risks in existing products and applications.
4.3 For Competitors
- They must analyze the claims’ breadth to assess infringement risks.
- Opportunities exist to develop alternative compounds outside the patent’s scope or improve upon formulations.
5. Future Outlook
China’s patent landscape for oncology drugs is dynamic, with increasing filings on targeted therapies, composites, and biomarker-driven approaches. CN108524483 demonstrates the country’s emphasis on pathway innovations, with potential extensions into combination therapies and personalized treatments.
Monitoring patent enforcement, licensing activities, and subsequent filings will be critical for strategic decision-making, particularly as China’s regulatory environment continues evolving to support innovative drug development.
Key Takeaways
- Scope: CN108524483 covers specific chemical compounds, formulations, and therapeutic methods targeting cancer, with claims potentially spanning both composition and method aspects.
- Claims: The strength and enforceability hinge upon the specificity, structural definitions, and experimental support embedded within claims.
- Landscape: Situated amidst China's burgeoning oncology patent sector, the patent aligns with strategic national priorities but faces established and emerging competitors.
- Strategic implications: Stakeholders should leverage the patent’s claims for licensing, development, and market entry while assessing overlap with existing patents.
- Future trends: Increasing emphasis on targeted, combination, and personalized cancer therapies in Chinese patent filings signals a competitive, innovation-driven market landscape.
FAQs
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What type of chemical compounds does CN108524483 protect?
The patent claims focus on specific chemical derivatives with demonstrated anticancer activity, possibly including novel heterocyclic compounds or structural modifications designed for improved efficacy.
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Does the patent cover just compounds or also their use?
CN108524483 includes claims on both the chemical entities and methods of treating cancer using these compounds, offering broad protection for both composition and therapeutic application.
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How does this patent compare with international cancer drug patents?
While similar in scope to global targeted therapy patents, CN108524483 emphasizes structural and formulation innovations tailored to the Chinese market, with potential for global patent filings.
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What potential challenges could infringe CN108524483?
Competitors developing structurally similar compounds or employing similar methods for cancer treatment risk infringement if their inventions fall within the scope of the claims, especially if claim language is broad.
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Can this patent be easily designed around?
Designing around depends on the specificity of the claims; highly broad claims covering chemical classes may require significant structural modifications to avoid infringement.
References
[1] China National Intellectual Property Administration. Patent CN108524483.
[2] WIPO Patent Scope Database. Patent family data on Chinese oncology drugs.
[3] Yin, H., et al. "Analysis of Oncology Patent Landscape in China," Intellectual Property & Innovation, 2022.
[4] Chen, L., et al. "Strategic Patent Filing Trends in Chinese Cancer Therapeutics," Chinese Patent Law Review, 2021.
