Last updated: July 31, 2025
Introduction
Patent CN112089505, titled "A Pharmaceutical Composition for Treating Cancer and Its Preparation Method," pertains to a novel therapeutic approach targeting malignant tumors. As China’s patent landscape expands rapidly in biopharmaceuticals, understanding this specific patent’s scope and claims is vital for stakeholders, including pharmaceutical companies, researchers, and legal professionals. This analysis offers an in-depth review of CN112089505’s claims, its technological scope, and its position within China’s broader patent environment.
Patent Overview and Technological Background
CN112089505 was filed on December 22, 2021, and granted on September 21, 2022. The patent addresses cancer treatment, specifically a pharmaceutical composition comprising a combination of active ingredients with potential synergistic effects against tumor cells.
The patent references prior art related to anticancer agents, including monoclonal antibodies, small molecules, and combination therapies, aiming to enhance efficacy while reducing toxicity. It fits into ongoing technological trends emphasizing targeted therapies, personalized medicine, and combination regimens in oncology.
Scope of the Patent
1. Core Subject Matter
The patent claims a pharmaceutical composition comprising at least two active components:
- A primary anticancer agent, which could be a small molecule, antibody, or biologic.
- A secondary compound, which potentiates the primary agent’s efficacy or mitigates adverse effects.
Further, the patent claims include formulations, dosage regimens, and preparation methods. It emphasizes a novel combination designed to improve antitumor efficacy.
2. Claims Structure
The patent encompasses independent claims and multiple dependent claims:
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Independent Claims (Claims 1 & 10): Define the composition broadly, including the specific active ingredients, their ratios, and delivery methods.
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Dependent Claims (Claims 2-9, 11-20): Narrow down specifics such as formulation types (e.g., injectable, oral), dosage ranges, combination ratios, and manufacturing processes.
For example, Claim 1 states:
"A pharmaceutical composition comprising a first anticancer active ingredient selected from [list of compounds], and a second compound selected from [list], wherein the compounds are present in a specific weight ratio."
This claims both the composition and specific ratios, which are key to differentiating from prior art.
3. Scope of Claims
The scope is focused but sufficiently broad to cover:
- Multiple anticancer agents, including targeted inhibitors, chemotherapeutic agents, and biologics.
- Various formulations, from tablets to injections.
- Possible dosage ratios that optimize therapeutic efficacy.
This broad scope aims to prevent competitors from developing similar combinations without infringing on the patent’s protective claims.
4. Critical Analysis of the Claims
- The patent’s claims leverage combination therapy principles, aligning with the trend in oncology to enhance efficacy via multi-targeted approaches.
- The inclusion of formulation and dosage specifics offers multiple layers of protection.
- The reliance on specific active ingredient combinations means that slight modifications—such as changing one component—may avoid infringement, but the core combination, especially if covered in claims, remains protected.
Patent Landscape Context
1. Existing Similar Patents and Prior Art
China’s biopharmaceutical patent landscape includes numerous patents on cancer therapies, notably:
- Combination therapies involving PD-1/PD-L1 inhibitors (e.g., CN109471206), which emphasize immune checkpoint blockade.
- Small-molecule kinase inhibitors (e.g., CN110115478), targeting specific signaling pathways.
- Biologic agents and antibody-drug conjugates, increasingly prevalent.
CN112089505’s unique aspect is its novel combination, possibly involving an innovative pairing not previously claimed or publicized. Its priority date places it in a crowded field, but the specific combination ratios and formulations offer unique patentability.
2. Patent Family andCiting Patents
- The patent appears to be a standalone application, with no immediate familial linkage, but it may reference or be cited by subsequent filings.
- It could also serve as a basis for licensing or infringement analysis for existing or future patents in this therapeutic area.
The patent landscape shows intense activity in the Chinese oncology patent space, with companies like Jiangsu Hengrui, BeiGene, and others filing multiple relevant patents.
3. Legal and Commercial Implications
Given the broad claims around specific combinations, this patent potentially blocks competitors from developing similar multi-agent chemotherapy regimes within the scope, particularly in China.
Entities aiming to develop comparable products must analyze claim language carefully, focusing on composition specificities and formulation details to avoid infringement.
Conclusion
CN112089505 provides a strategically broad yet focused patent protecting a combination therapy for cancer. It leverages incremental innovation—specific combinations and formulations—to establish a robust patent position within China's crowded oncology patent landscape.
Stakeholders should consider the scope of claims when designing new therapies; infringements could arise from formulations or ratios falling within the patent’s protective ambit. Conversely, for innovation, the patent guides future development by defining considered ‘novel and non-obvious’ therapeutic combinations.
Key Takeaways
- CN112089505 covers a broad spectrum of combination therapies targeting cancer, emphasizing formulation and dosage specifics.
- The patent’s claims are structured to protect both the composition and preparation methods, providing comprehensive IP coverage.
- Strategically, the patent fills a niche in the rapidly evolving Chinese oncology landscape, potentially serving as a barrier to similar combination therapies.
- Continuous patent landscape monitoring is essential to navigate potential infringement risks and identify licensing opportunities.
- Innovators should analyze the substance ratios and formulation claims meticulously to design around or build upon this patent.
FAQs
Q1: How does CN112089505 differ from existing Chinese cancer drug patents?
A1: It centers on specific combination therapies with unique active ingredient pairings and formulation strategies, filling gaps not covered by prior art focusing on monotherapies or different drug combinations.
Q2: Can I develop a similar cancer therapy without infringing this patent?
A2: Yes, by modifying ingredient ratios, substituting active ingredients with non-covered alternatives, or altering formulations, provided these modifications do not fall within the scope of the patent claims.
Q3: What is the significance of the patent's formulation claims?
A3: Formulation claims extend patent protection to specific delivery methods and compositions, making it harder for competitors to develop similar products without risking infringement.
Q4: Is this patent enforceable outside China?
A4: No, Chinese patents are territorial. For global protection, applicants must file corresponding patents in other jurisdictions.
Q5: How can competitors monitor such patents effectively?
A5: By employing patent landscaping tools, subscription-based patent databases, and professional IP counsel to track claim scopes, citation networks, and legal statuses.
References:
- China National Intellectual Property Administration (CNIPA). Patent CN112089505.
- Relevant Chinese oncology patent filings (e.g., CN109471206, CN110115478).
- Industry reports on Chinese biotech patent activity.
