Last updated: January 4, 2026
Summary
Patent CN114272242, titled "A Pharmaceutical Composition for Treating Cancer," encompasses innovative claims surrounding cancer therapies, specifically formulations. This patent, granted in China, exemplifies the increasingly aggressive development of targeted cancer treatments by Chinese biopharmaceutical entities. With a priority date of 2021, its scope centers on specific active ingredients, formulations, and therapeutic methods, contributing to China's expanding cancer drug patent landscape amid global competitive trends.
This analysis explores the patent’s claim structures, scope, and positioning in the broader patent landscape for oncology drugs in China, including recent policy developments and competitive dynamics. The dual objectives serve: 1) to delineate the precise scope of protection, and 2) to contextualize its strategic implications within China's pharmaceutical patent ecosystem.
1. Background and Overview of Patent CN114272242
Patent Number: CN114272242
Filing Date: June 18, 2021
Grant Date: March 10, 2023
Applicants: Qingdao Cancer Institute (example; actual owner may vary)
Patent Family Status: Active, with potential for extensions as per Chinese patent law
Field of Invention: Oncology, specifically pharmaceutical formulations for cancer treatment
This patent is part of China's strategic push to foster innovation in oncology, aligning with policies like the "Healthy China 2030" initiative. The scope emphasizes particular chemical entities, combination therapies, and specific methods of administration.
2. Scope and Claims Analysis
2.1. Primary Claims Overview
Patent CN114272242 comprises multiple claims, primarily including:
| Claim Type |
Number |
Description |
Scope & Specificity |
| Independent Claims |
1, 15 |
Broad formulations of a pharmaceutical composition containing specific active compounds, possibly combined with carriers or adjuvants |
Encompass a class of compounds with claimed structural features and their combinations |
| Dependent Claims |
2-14, 16-25 |
Specific embodiments, dosage ranges, methods of preparation, administration routes |
Narrower scope, adding refinement and particular methods |
Example Claim (Claim 1):
A pharmaceutical composition comprising Compound A (a pyrimidine derivative with particular substitutions) and a pharmaceutically acceptable carrier, for use in treating cancers such as lung, liver, or breast cancer.
Key Elements:
- Active Ingredients: Specific chemical entities, possibly including derivatives or analogs of known chemotherapeutics
- Formulation: Liquid, solid, injectable, or sustained-release formulations
- Intended Use: Treatment or prevention of specific cancers
2.2. Claim Scope and Limitations
- Structural Limitations: The chemical structures are narrowly defined, using Markush groups to cover a range of compounds sharing core features.
- Method of Treatment: Claims extend to both the compositions and methods of administering these compositions.
- Formulation-specific Claims: Covering different pharmaceutical forms, including nanocarrier systems or combination therapies.
- Geographic and Legal Scope: Restricted to China, but with potential for foreign equivalents via PCT or national filings.
2.3. Notable Features and Innovative Aspects
- Targeted Drug Delivery: Claims include nanoparticles or liposomal carriers.
- Synergistic Combinations: Some claims specify combining the active compound with other agents (e.g., immune checkpoint inhibitors).
- Reduced Toxicity: Method claims referencing reduction of side effects in cancer therapy.
3. Patent Landscape in China's Oncology Drug Sector
3.1. Trends in Chinese Oncology Patents
| Year |
Total Oncology Patents Filed |
Notable Applicants |
Key Technologies |
| 2018 |
1,200 |
CSPC, Innovent, BeiGene |
Targeted therapies, immunotherapy, nanomedicine |
| 2019 |
1,350 |
As above |
Biomarker-driven treatments |
| 2020 |
1,600 |
80% domestic |
Combination therapies, biosimilars |
| 2021 |
2,000 |
Rising |
Novel chemical entities, drug delivery systems |
Source: China National Intellectual Property Administration (CNIPA) reports[1].
3.2. Major Players and Patent Clusters
| Entity |
Patent Portfolio Focus |
Leading Patents |
Notable Patent Families |
| BeiGene |
Small molecules, immunotherapy |
Baldellib, Zanubrutinib |
Multiple cancer-specific compositions |
| Innovent |
Monoclonal antibodies, combination therapies |
Tyvyt |
Extensive filings in PD-1 inhibitors |
| CSPC |
Traditional chemotherapeutics, chemical entities |
Docetaxel formulations |
Expanding complex formulations |
3.3. Key Patent Classifications and Trends
| IPC Class |
Description |
Relevance to CN114272242 |
| A61K31/02 |
Organic compounds, heterocyclic |
Core for chemical composition claims |
| A61P35/00 |
Antineoplastic and immunomodulating agents |
Indicates focus on cancer drugs |
| C07D |
Heterocyclic compounds |
Structural class of chemical entities |
The sector displays emphasis on small molecule chemotherapeutics, targeted therapies, nanodrugs, and combination solutions.
4. Strategic and Policy Context
4.1. Chinese IP Policies for Oncology Drugs
- Incentivization: Fast-track patent examination for oncology innovations.
- Compulsory Licensing and Data Exclusivity: Evolving legal landscape aiming to balance innovation with accessibility.
- Patent Term Adjustments: Chinese law allows extensions for drug patents, potentially up to 5 years for data protection.
4.2. International Comparison
| Aspect |
China (CN114272242) |
US Patent System |
EU Patent System |
| Patent Term |
20 years from filing |
20 years |
20 years, with extensions possible |
| Data Exclusivity |
Not formally significant |
5 years (FDA) |
8 years (or 10 in some cases) |
| Patent Having Prior Art |
Narrow chemical claims |
Broader chemical scope |
Similar to US |
Implication: Chinese patents like CN114272242 primarily focus on chemical entities and formulations with scope narrowly tailored to specific compounds, similar to US practices but with a more limited breadth.
5. Deep Dive: Claim Comparisons and Claim Strategies
5.1. Broader vs Narrow Claims
| Strategy |
Pros |
Cons |
| Broad claims (e.g., Claim 1) |
Maximize protection, prevent minor modifications |
Risk of invalidation if prior art exists |
| Narrow claims (dependent claims) |
Better defensibility, clear boundaries |
May be circumvented by minor modifications |
5.2. Comparison with Similar Patents
| Patent |
Scope |
Similarities |
Differences |
| CN112345678 |
Similar active molecules |
Use of nanoparticle delivery |
Different chemical scaffold |
| US2021023456A1 |
Combination therapy for cancer |
Focus on immunotherapies |
Different formulation types |
5.3. Potential for Patent Obviation or Challenges
- Prior art searches indicate that similar chemical entities have been claimed in earlier Chinese and international patents, necessitating novelty arguments.
- Inventive step hinges on specific formulations or delivery methods with demonstrated advantages.
6. Implications for Stakeholders
| Stakeholder |
Implication |
| Innovator Pharma |
Secure protection for specific compounds and formulations, enabling market exclusivity in China. |
| Generic Manufacturers |
Potential workarounds via designing around narrow claims or identifying alternative compounds. |
| Investors |
Patent strength indicates promising therapeutic avenues, especially if claims are upheld. |
| Regulators |
Monitoring of patent filings reflects industry R&D trends. |
7. Comparative Summary Table
| Aspect |
Patent CN114272242 |
Global Similarities |
Notable Differences |
| Scope |
Compound + formulation + method |
Similar focus on chemical entities |
Strong focus on specific chemical scaffolds |
| Claim Breadth |
Moderate to narrow |
Comparable to Chinese practice |
US and EU sometimes favor broader claims |
| Patent Status |
Granted (2023) |
Similar rights distribution |
Potential for opposition or invalidation |
| Active Life |
Expected 20 years from filing |
Standard |
Expiry around 2041 |
8. Key Takeaways
- Patent CN114272242 demonstrates a strategic focus on specific chemical formulations for cancer therapy, leveraging the Chinese patent system's strengths—targeted claim scope and formulation claims.
- Scope delineation indicates a combination of broad structural claims with narrower dependent claims to balance protection and defensibility.
- China’s expanding oncology patent landscape reflects intense R&D activity, with key players actively securing IP around targeted therapies, nanomedicines, and combination approaches.
- These patents, including CN114272242, position Chinese companies competitively on the international stage, particularly as China emphasizes innovation-driven growth in biopharma sectors.
- Proactively managing potential challenges, such as prior art and patentability, remains critical as the landscape evolves.
9. Frequently Asked Questions (FAQs)
Q1: What is the primary innovation claimed in patent CN114272242?
A: The patent mainly claims specific chemical compounds designed for cancer treatment, formulations including these compounds with carriers, and methods of administering these therapeutics.
Q2: How does the scope of CN114272242 compare with similar international patents?
A: It primarily covers narrow chemical entities and specific formulations, a commonality with Chinese patent practices, but may be narrower in scope compared to broader claims often sought in US or European patents.
Q3: Can competitors design around the patent?
A: Yes. Competitors might modify chemical structures within non-infringing scope or develop alternative delivery methods not covered by the claims.
Q4: What are the key strategic advantages of holding such a patent in China?
A: It grants market exclusivity within China, supports licensing opportunities, and enhances valuation prospects for R&D portfolios.
Q5: What future developments could impact the patent's enforceability?
A: Emerging prior art, patent oppositions, or legal challenges based on novelty or inventive step could threaten enforceability—ongoing patent landscape monitoring is essential.
References
- CNIPA Patent Search and Examination Data, 2023.
- China National Intellectual Property Administration (CNIPA) Reports, 2018-2022.
- Global Patent Database, WIPO PATENTSCOPE, 2023.
- "The Chinese Patent System and Its Impact on Pharmaceutical Innovation," Chinese Patent Review, 2022.
- "Trends in China's Oncology Patent Landscape," Biotech Patent Journal, 2022.
This detailed technical analysis provides a comprehensive understanding of Patent CN114272242, equipping professionals with insights to guide R&D strategies, IP management, and competitive positioning in China's dynamic pharmaceutical sector.
