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Recently, research in the field of cancer nanotechnology has made notable progress, Iolanda M Fierro*,1, Maria
and, with the fast development of nanomaterials, new treatment strategies using Simone de Menezes Alencar2,
nanoparticles are being explored that have the potential to overcome existing Flavia Maria Lins Mendes3,
problems. The present review focuses on patenting as a key indicator of trends in Cristina d’Urso de Souza
Mendes1, Bernardo Furtado
nanoparticles with applications in the treatment of cancer. The impact of cancer on
Nunes1 & Adelaide Maria
health and the use of nanoparticles are briefly described. Next, a survey of patents
de Souza Antunes1,3
filed in the last 14 years is presented, the patents granted in the last four years are 1
National Institute of Industrial Property
identified, and the focus areas of the main applicants are analyzed. The mix of targets (INPI-Brazil), Mayrink Veiga, 9 Centro,
identified for patented nanoparticles systems suggests that polymers and proteins are 20090-910, Rio de Janeiro, Brazil
the main focus of the innovative efforts in this field.
2
Federal University of the State of Rio de
Janeiro (Unirio), Av. Pasteur, 296, Urca,
22290-240, Rio de Janeiro, Brazil
Cancer remains one of the leading causes of Although successful in many instances, these 3
Federal University of Rio de Janeiro
mortality worldwide, affecting over 10 mil- treatments are responsible for significant dam- (UFRJ), School of Chemistry, Centro de
Tecnologia. Av. Athos da Silveira Ramos,
lion new patients every year [1] . Its incidence age to healthy tissue, with concomitant health-
149 Bloco E - Sala E-200, Ilha do Fundão,
has risen in recent years, making it now related issues. These issues arise in part from 21949-909, Rio de Janeiro, Brazil
one of the biggest public health problems the ‘whole-body’ approach of these therapies. *Author for correspondence:
worldwide. To minimize the damage of non-cancerous Tel.: +55 21 3037 3935
The Union for International Cancer Con- tissue, treatments could be applied directly to Fax: +55 21 3037 3529
ifierro@inpi.gov.br
trol has promoted a number of initiatives the tumor, leaving neighboring tissue unaf-
designed to prevent the death of around 80 fected. Two types of targeting can be used to
million individuals in the coming 10 years. enhance the efficiency of tumor therapy. First,
According to the WHO, cancer kills more the tumor can be targeted spatially, with the
than AIDS, malaria and tuberculosis com- toxic effect of the therapeutic agent localized
bined. It is most common in developed to the tumor site. The second type of targeting
countries, but over 70% of cancer-related is on the cellular level. By directly targeting
deaths occur in countries where there is tumor cells, the treatment will not damage
restricted access to resources and actions for healthy tissues in the vicinity of the tumor [3] .
its prevention, diagnosis and treatment. The Hersm describes nanotechnology as mov-
economic impact of the disease is huge, and ing into a ‘posthype era’ in which its applica-
only in 2008 the global cost associated with tions are widely pervasive throughout scien-
premature death and disability came close tific and industrial sectors [4,5] . Over the last
to US$ 1 trillion – 1.5% of the world’s gross two decades, nanotechnology has developed
domestic product [2] . extensively, and investing in nanotechnology
Cancer treatment is still a challenge due is now standard practice by governments,
to the numerous adverse effects of the medi- research centers and companies. Nanotech-
cations available, which represent a true nology products are already on the mar-
limitation in their clinical use. ket in emerging markets as well as in more
A combination of surgery, chemotherapy developed countries.
and radiation therapy constitutes the con- According to the Freedonia Group, Inc.,
part of
ventional treatment regime for most cancers. an international business research company,
10.4155/PPA.14.47 © 2014 Future Science Ltd Pharm. Pat. Anal. (2014) 3(6), 613–623 ISSN 2046-8954 613
Patent Review Fierro, de Menezes Alencar, Lins Mendes et al.
and the right the total number of applications accumu- In this study, only the patents granted in the last 4
lated in the period. A clear increase can be observed in years according to the Derwent Innovations Index were
the global interest in NPs with oncology applications investigated, which summed 761 patents granted in all,
in recent years, shown by the significant growth in the but 508 distinct patents. Patents are granted by indi-
number of patent applications. vidual countries according to their specific legislation, so
This initial set of patents was then treated in a num- the same patent may be granted in more than one coun-
ber of different stages which included grouping the try. The countries in which the patents were granted,
patents according to the type of assignee: companies, followed by the respective number of patents, were USA
government (including national institutes and fund- (216), China (173), South Korea (79), Australia (51),
ing agencies), universities, hospitals and individual South Africa (49), European Patent Office (42), Japan
inventors (individual researchers or other individual (30), New Zealand (30), Mexico (25), Russia (22),
assignees). Most of the patent applications were filed Canada (19), Hong Kong (10), Israel (5), France (3),
by universities (41.9%) and companies (36.7%), while Philippines (3), UK (2), Netherlands (1) and Norway
individual inventors (10.5%), government (8.0%) and (1). Interestingly, just over 60% of all the patents were
hospitals (3.0%) accounted for a smaller proportion. granted in just three countries: the USA (28%), China
The 4235 patent documents were filed by over (23%) and South Korea (10%).
2500 applicants and were widely dispersed: the largest The 508 patents were selected for analysis and their
made 85 patent applications while the smallest made assignees were classified according to their type, that
just one. The main patent applicants, with 25 or more is, whether they were a company, university, govern-
applications filed, accounting for around 15% of all the ment, individual inventor or hospital. At this stage, any
documents encountered, are listed in Table 2. partnerships between the different types of assignees
were also identified. The result of this analysis can be
Granted patents seen visually in Figure 2 in percentage terms, showing
In order to identify which patent applications were suc- that research and development of NPs for use in oncol-
cessful in the search period, from 2000 to 2014, a semi- ogy takes place mainly at universities and companies,
automated procedure was used via VantagePoint in since combined they account for almost 70% of all
order to identify the kind codes for the patents granted the patents granted. The most significant partnerships
by each country. Of the original 4235 applications filed, are between universities and companies and between
it was found that around a third (1335) were granted. different companies.
Priority year
700 4500
4000
600
3500
500 Accumulated number of filings
Number of filings per year
3000
400 2500
300 2000
1500
200
1000
100
500
0 0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
The analysis of these same 508 patents granted for improve anti-tumor efficacy [16] . Magnetic NPs have
the treatment, prevention and diagnosis of cancer also potential for noninvasive tumor treatment, since the
revealed that they often included claims for other dis- application of a magnetic field will selectively heat
eases as well. We therefore analyzed the section ‘use’ the NPs rapidly and efficiently, allowing for the selec-
of each document and found that they mainly con- tive destruction of tumor cells [3] . The only magnetic
tained claims for the following diseases: diabetes (9%), NPs with a history of clinical approval and use are
inflammatory diseases (6%), Alzheimer’s disease iron-oxide-based NPs.
(5.5%), psoriasis (5.3%) and arthritis (5.1%). New techniques involving molecular images allow
In order to analyze these patents qualitatively, the the understanding of physiological processes of the
assignees with most patents granted in the last 4 years human body on the nanoscale, thus leading to the
and the respective countries of protection were identi- development of methods to diagnose and treat diseases
fied. As can be seen from Table 3, four countries stand more accurately and sensitively. One example in par-
out for the number of applicants with six or more ticular is superparamagnetic NPs using proteins for the
granted patents each: the USA, China, South Korea molecular imaging of cancer [16] .
and South Africa, summing a total of 86. The literature draws attention to the need for reducing
metallic NPs’ toxicity, since these NPs could accumulate
Analysis of granted patents in the biological medium due to the highly ionic envi-
The analysis of the granted patents [19–90] showed that ronment, affecting the dynamic interactions between
the most common classes of NPs are claimed (Figure 3) NPs and cells [3] . The distinctive properties acquired by
although not all of them are exclusively related with particles when they are formulated at the nanoscale can
technologies for cancer, including several other diseases have a significant impact on their bioreactivity, making
such as Alzheimer’s disease, diabetes, anemia, differ- predictive toxicology very difficult.
ent types of infections, rheumatoid arthritis and other We next summarize by country of protection the
inflammatory diseases. Nonetheless, a number of docu- main findings analyzing the 86 granted patents.
ments protect cancer-related uses comprising treatment,
prevention, detection/diagnosis and imaging. USA
It is well known that polymer-drug conjugates, In the USA, the country where most patents in
liposomes and inorganic particulates prolong blood this area have been granted, the main assignees are
circulation times, reduce toxicity to healthy tissue and universities.
8.3 ent
Hospitals
Gov-Univ 1.6%
m
1.0% 1.4%
%
ern
2.4% -Com
Gov
Gov
Com-Com Hosp-Univ 0.8%
Partnerships
5.3% Gov-Univ-Com 0.6%
19.1%
Univ-Hosp-Com 0.6%
Univ-Com Hosp-Com 0.2%
6.1%
Univ-Hosp-Gov 0.2%
Universities
39.0%
CN102406949, KR1267318
Executive summary
Background
• Currently there is a diversity of nanoparticles being investigated for cancer therapeutics and diagnostics. The
present review describes the results of a survey of patent applications between 2000 and 2014, and analyzes
the patents granted within the last 4 years in the field of nanoparticles applied to antineoplastic agents.
Patent applications
• There is a clear rise in the global interest along the last years, shown by a significant growth in the number of
applications, with a total of 4235 documents filed and more than 2500 assignees.
Granted patents
• Of the original 4235 applications filed, it was found that around a third (1335) were granted, being 761 in the
last 4 years, corresponding to 508 distinct patents.
• The analysis of these 508 documents showed that research and development of nanoparticles for use in
oncology takes place mainly at universities and companies, since combined they account for almost 70% of all
the patents granted.
• The USA, China, South Korea and South Africa stand out for the number of applicants with six or more
granted patents each, summing a total of 86.
• The most common classes of nanoparticles are claimed, with polymers and proteins generating the largest
patent count and a number of documents protecting cancer-related uses comprising treatment, prevention,
detection/diagnosis and imaging.
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