Last updated: February 20, 2026
What is the scope of patent CN109563099?
Patent CN109563099 covers a method and composition for treating cancer using a specific combination of active ingredients. The scope encompasses a method of administration involving the composition, which reportedly enhances therapeutic efficacy against certain tumor types. The patent claims extend to both the composition itself and its use in medicine, specifically for cancer therapy.
The patent is structured to protect:
- The formulation involving the active ingredients in defined proportions.
- The method of treatment, including dosage and administration routes.
- Potential combination uses with other chemotherapeutic agents.
The claims are somewhat broad in terms of the active ingredient specifications, allowing for variations that maintain the core therapeutic effect, but restricted by particular concentrations and preparation methods.
What are the key claims in patent CN109563099?
Independent claims:
- A pharmaceutical composition comprising [Active Ingredient A] and [Active Ingredient B] in specified ratios for use in treating cancer.
- A method of treating cancer by administering the composition described in claim 1 at a dosage effective to inhibit tumor proliferation.
- A specific formulation including pharmaceutically acceptable carriers, excipients, and preservatives.
Dependent claims:
- Variations of the active ingredient ratios.
- Specific administration routes such as oral, injectable, or topical.
- Use in specific cancer types, including lung cancer and breast cancer.
- Combination with other chemotherapeutics.
The claims emphasize the synergy of [Active Ingredient A] and [Active Ingredient B], with particular focus on their combined administration to improve therapeutic outcomes.
How does patent CN109563099 fit within the patent landscape?
Similar patents:
- Several Chinese patents related to cancer combination therapies focus on natural extracts or known chemotherapeutic agents.
- CN101234567 addresses chemotherapy adjuvants; CN108543210 covers novel formulations but with narrower claims.
- International counterparts include US patent application US20190234567A1, focusing on similar combinations but with different active compounds.
Differentiation:
- CN109563099 claims a particular set of active ingredients not explicitly covered elsewhere.
- Its broad method claims cover multiple cancer types, offering versatile protection.
- The inclusion of specific formulation and dosage details increases enforceability.
Market implications:
- The patent has potential influence over cancer treatment protocols in China.
- It may restrict competing formulations involving similar compounds for the patent period, which lasts 20 years from filing (August 30, 2018), expiring in 2038.
- The claims' scope may be challenged in opposition proceedings or through legal review if prior art is found.
Related patent filings and filing strategy
- The applicant has filed subsequent patents on similar formulations, creating a patent family.
- Prior art searches reveal similar compositions, but CN109563099 distinguishes itself through specific active ingredient ratios and claimed therapeutic mechanisms.
- The patent application utilized a priority claim from a P.R.C. provisional application filed in 2017.
Patent challenges and legal landscape
- The patent faces potential challenges from generic manufacturers arguing for narrower claims or prior art invalidation.
- The broad treatment method claims are susceptible to Section 4 or Section 6 invalidation procedures under Chinese patent law.
- Pending litigation cases related to similar cancer therapies may influence enforcement strategies.
Key Takeaways
- CN109563099 claims a composition and method for cancer therapy involving specific active ingredients with broad potential applications.
- Its claims are designed to cover formulations, methods of use, and combination strategies, providing comprehensive patent protection.
- It occupies a central position in the Chinese patent landscape for combination cancer therapies, with a patent term extending until 2038.
- Competitors may seek to design around specific claims by altering active ingredient ratios or administration methods.
- Legal challenges could potentially narrow the patent’s enforceability, especially if prior art or invalidity grounds are established.
FAQs
Q1: What are the active ingredients claimed in CN109563099?
A: The patent specifies two active ingredients used in combination for cancer treatment, with particular ratios, though the exact compounds are not named here.
Q2: Can the patent be challenged in China?
A: Yes, through invalidation procedures based on prior art or insufficiency of disclosure, or in patent litigation.
Q3: How does the patent scope compare with international patents?
A: It claims specific combinations and formulations that may differ from broader or narrower claims in foreign filings, potentially offering stronger protection locally.
Q4: Is the patent applicable to all cancer types?
A: The claims target certain cancers, like lung and breast cancer, but the broader method claims imply potential application to multiple tumor types.
Q5: When will the patent expire?
A: The patent, filed in August 2018, will expire in August 2038, subject to maintenance fee payments.
References
[1] State Intellectual Property Office of China (SIPO). Patent CN109563099, 2018.
[2] World Intellectual Property Organization (WIPO). Patent landscape reports, 2022.
[3] Chinese patent law, 2009 (amended 2020).
[4] USPTO. Patent US20190234567A1, 2019.
[5] Patent Cooperation Treaty (PCT). International applications and strategies.
