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Patent Review

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Nanoparticles applied to antineoplastic


agents: a patent landscape

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.

Key terms two or three dimensions greater than 0.001 μm (1 nm)


and smaller than about 0.1 μm (100 nm) and which may
Bionanotechnology: Biomedical applications of or may not exhibit a size-related intensive property [10] .
nanotechnology.
According to numerous authors, the main classes
Nanomedicine: The application of nanotechnology to the of NPs employed for biomedical applications include
screening, diagnosis, prevention and treatment of several
dendrimers, fullerenes, liposomes, magnetic par-
diseases.
ticles, metals, polymers, semiconductors, solid lipids,
Liposomes: Colloidal carriers, often composed of carbon-based materials, peptide/protein particles and
phosphatidylcholine-enriched phospholipids, formed
spontaneously when certain lipids are hydrated in
virus-mediated particles [10–12] .
aqueous media. NPs can have many different shapes and composi-
tions, which means that their properties – size, shape,
in the USA alone, demand for bionanotechnology surface charge – can be engineered to make them suit-
products is increasing over 17% annually. It is esti- able for a specific biomedical application [13] . NPs have
mated to reach US$ 110 billion by 2016, including proven to be the most versatile and widely used constit-
nanomedicines, nanodiagnostics and nanotechnol- uents with broad applications such as delivery vectors,
ogy-based medical supplies and devices. This report imaging agents, synthetic inhibitors and sensors [3] .
predicts that the greatest short-term impact of nano- Presently, diverse NPs are being investigated for can-
medicine will be in therapies and diagnostics for cancer cer therapeutics and diagnostics. The properties of some
and central nervous system disorders [6] . of these systems can be improved to enhance their deliv-
Likewise, there has been rapid growth in nanotech- ery directly to the tumor, and targeted therapy represents
nology publications and patent production [7,8] . The a stimulating approach toward cancer treatment. Besides
share of nanotechnology papers oriented toward bio- site specificity and efficient delivery, some of the other
medical and clinical medicine applications has risen improvements include higher efficacy, fewer side effects
from just over 5% to more than 11% [5] . and overcoming multidrug resistance by tumor cells [14] .
The application of nanotechnology to the screening, Nanostructured carriers have been developed to pro-
diagnosis, prevention and treatment of several diseases tect drugs from enzymatic degradation, enhance drug
is an emerging field that has the potential to revolu- absorption by improving their penetration across the
tionize individual and collective healthcare in the 21st mucosal epithelium and to modulate drug pharmacoki-
century. At the beginning of this century, health, sci- netics, therefore improving efficacy and reducing drug
ence and technology were identified as prerequisites toxicity [15] .
for social and economic development, as set out in the The analysis of scientific publications and above all
United Nations Millennium Development Goals [9] . patent documents can help to understand the dynamics
Biomedical nanotechnology is the fastest growing of bionanotechnology research and innovation systems.
field in nanotechnology, and has enormous poten- Patent documents are the most important source of
tial to positively impact the healthcare system. Some technological information, as they contain about 70% of
important biomedical applications of nanotechnology all the technology developed around the world, as well
that may have potential clinical applications include as having the advantage of being globally standardized.
targeted drug delivery, especially in the oncology sec- Statistics on patents have been used as indicators of the
tor, detection/diagnosis and imaging [3] , not to men- results of invention-related activities [16] . Furthermore,
tion the probable increased understanding of complex patents are the most commonly used indicator in land-
underlying disease mechanisms. scapes [17] . This is corroborated by the Organization for
Nanotechnology involves the manipulation of materi- Economic Cooperation and Development, which states
als on a nanometric scale, by reducing bulk materials into that patent data can be used as a source of information
nanoparticles (NPs). The size of nanomaterials provides in order to measure science and technology activities [16] .
a large surface area-to-volume ratio; as the particle size The use of patent analysis as a method for technologi-
decreases, the amount (or number) of surface atoms rap- cal foresight yields strategic intelligence on technologies
idly increases [3] . Working on a nanoscale offers several and can reveal competitive advantages derived from lead-
advantages, since nano-sized materials possess unique ership in technological development. It gives an under-
physical, chemical, electronic and biological character- standing of who the leading patent applicants/holders
istics compared with larger particles. For applications in for a given technology are, enabling comparisons to
medicine, nanosystems can be designed to be active on a be made among companies, countries or technological
molecular level with a high degree of specificity. areas, as well as areas where patenting is intensive [9] .
For this review, we will take the definition of NP as This review analyzes the main trends in the
a sub-classification of ultrafine particle with lengths in patenting of NPs with oncology applications.

614 Pharm. Pat. Anal. (2014) 3(6) future science group


Nanoparticles applied to antineoplastic agents  Patent Review

Patent search methodology As nanotechnology involves a variety of different


The database selected for the retrieval of patent docu- technologies and is relatively recent from the perspec-
ments was the Derwent Innovations Index, which con- tive of intellectual property, the IPC does not yet have a
tains over 11 million patent documents that have been full set of classifications to represent it. In version 7 the
filed, published and sometimes granted in more than IPC did include class B82Y, referring to specific uses
40 countries since 1963. This database contains patent or applications of nanostructures, the measurement
applications in the areas of chemistry, electricity and or analysis of nano-structures and the manufacture or
electronics and engineering, and its main advantage is treatment of nanostructures. Other classes used were
the fact that all the patent documents in it are indexed, A61K 9/15, for medicinal preparations characterized
and their abstracts were written by specialists in the by special physical form nanocapsules, and A61P 35
area. As such, the abstracts are full of key words and (antineoplastic agents), in order to restrict the search
are available in English, together with their titles, no to the use of NPs for cancer treatment.
matter where the patent application was filed and pub- The Derwent Manual Codes listed in Table 1 were
lished, which facilitates the recovery of the documents selected because they are specific to drugs used to treat
using defined search strategies [16] . cancer or to nanotechnologies/NPs applied to the
The main reasons for the choice of this patent pharmaceutical sector.
database were: Given that the existing classifications encompass-
ing NPs may not fully cover the scope of patenting in
• The possibility of exporting the patent documents
this area, the titles and/or abstracts of the patent docu-
recovered in the search in their entirety using soft-
ments were also searched using certain keywords, such
ware designed to work with this type of informa-
as ‘nanoparticle’ and variations thereof.
tion, such as the commercial software package
Combined searches were then undertaken using the
VantagePoint®, for the treatment of the patent data
chosen classifications and key words. The raw data were
included in this article;
retrieved and the patent documents published between
• The availability of Manual Codes for classifying all 2000 and 2014 were selected and treated using Van-
the patent documents indexed in the database. This tagePoint, developed and sold by Search Technology.
classification has a hierarchical structure similar to This data mining tool can process large quantities of
that of the International Classification of Patents data by automating tasks like the standardization and
(IPC), although in less detail. The Manual Codes production of reports and maps to make them easier to
divide the technological knowledge contained in visualize for analysis purposes [9] .
the patent documents into 21 sections [16] .
Results
For the search of patent documents related to NPs Patent applications
with oncology applications, terms and classifications The search results yielded a total of 4235 patent docu-
relating to two concepts were identified: antineoplas- ments. The historical profile of the patent applications
tics and NPs. The related IPC classes and Derwent filed is shown in Figure 1, with the left axis showing the
Manual Codes were used. number of priority patent applications filed per year

Table 1. Selected Derwent Manual Codes.


Code Title
B14-H Cancer-related drugs
B05-U Fullerene type cage structures
B11-C12 Nanotechnology (general) – covers nanoswitches made of DNA
B12-M10A7 Nanotechnology devices: use of nanotechnology to deliver drugs to specific sites an
control their release at that point
B12-M11Q Nanoparticles: tablets, capsules, etc. (general)
E05-U05A Nanoparticles, nanopowder: other carbon nano 3D structures (general)
E31-U01 Inorganic nanostructures
J04-F02A Nanoparticles (process)
J04-F02A1 Composite particles: nanostructure production
J04-F02C Nanofilms (process)

future science group www.future-science.com 615


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

Figure 1. Profile of patenting of nanoparticles with oncology applications over time.


Data taken from [18] .

616 Pharm. Pat. Anal. (2014) 3(6) future science group


Nanoparticles applied to antineoplastic agents  Patent Review

Table 2. Main patent applicants and respective countries of origin.


Patent applicants Number of patent Country of origin
applications filed
University of California 85 USA
University of Texas System 61 USA
MIT 56 USA
Abraxis Bioscience LLC 46 USA
Centre National de la Recherche Scientifique 44 France
Elan Pharma International Ltd 38 Ireland
Johns Hopkins University 34 USA
Fudan University 32 China
Brigham & Women’s Hospital 31 USA
Nanjing University 31 China
Yonsei Industry-Academic Cooperation Foundation 28 South Korea
Abbott Cardiovascular Systems Inc. 26 USA
Searete LLC 26 USA
US Department of Health & Human Services 26 USA
Tsinghua University 25 Taiwan
Shanghai Jiao Tong University 25 China
Data taken from [18].

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.

future science group www.future-science.com 617


Patent Review  Fierro, de Menezes Alencar, Lins Mendes et al.

Companies Individual inventors


29.1% 3.5%
Univ-Univ

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%

Figure 2. Breakdown of patent assignees.


Com: Companies; Gov: Government; Hosp: Hospitals; Univ: Universities.
Data taken from [18].
The partnership between National Tsinghua Univer- Upon entering the tumor site, it is desirable that the
sity and GP Medical, Inc. is the top assignee, with 14 therapeutic agent be released in a controlled fashion in
granted patents. Twelve of these patents claim composi- order to reach cytotoxic levels. To achieve this, several
tions of NPs comprising chitosan. Polymeric NPs are strategies are used that include pH-, temperature- and
generally synthesized from natural or synthetic polymers ultrasound-stimulated release [1] .
and are available in different types with specific prop- The Massachusetts Institute of Technology and
erties for each particular application [91] . Chitosan is a the University of California have been granted nine
cationic biopolymer that can be used as a nanocarrier. and eight patents, respectively, for distinct types of
There are several advantages in using biopolymeric NPs nano-sized carriers, such as polymeric NPs, magnetic
of chitosan, including biocompatibility and good bio- NPs, liposomes and protein-based NPs for various
degradability, low immunogenicity and toxicity, as well drug-delivery applications.
as immunostimulating and high mucoadhesive prop- A pharmaceutical composition useful for the treat-
erties [92] . These specific properties could explain the ment of prostate cancer and solid tumors expressing
great interest of many researchers and industries for new prostate specific membrane antigen comprising NPs
applications of chitosan and its derivatives. containing a therapeutic agent and targeting moiety
One of the patents retrieved [19] described imaging which is prostate specific membrane antigen ligand is
NPs comprising positively charged chitosan, useful for claimed [21] . The main advantages claimed are that the
managing a tumor of an animal subject and for treat- NPs exhibit highly controlled properties and deliver
ing cancerous tumors. The advantage claimed is that the drug while reducing side effects. A big obstacle
the NPs enhance imaging contrast quality or property in the efficacy of existing therapies is the inability of
during an imaging procedure and enhance epithelial the chemotherapy agents to achieve high concentra-
permeation or intestinal paracellular transport. An tions in the tumor without causing severe side effects.
important application of nanotechnology is the prepa- Formulations using NPs try to overcome this target-
ration of dual-purpose NPs used simultaneously for ing tumor cells specifically, thereby avoiding systemic
diagnosis and therapy. The term ‘theranostics’ was side effects.
coined to define agents that combine diagnostic and The patent [22] claimed a composition comprising
therapeutic capabilities at the same time, allowing one or more NPs, each one modified with ligands, for
imaging to be performed not only before or after, but delivery of a therapeutic agent to a target expressing a
also during a treatment regimen. receptor and where each NP is conjugated to the sur-
Another patent [20] claimed a composition of NPs, face of the carrier. The method is useful for treating a
where each NP comprises N-palmitoyl chitosan, disease state selected from breast cancer, ovarian can-
adapted for sensing a change of an environmental pH cer, lung cancer and lymphoma, among others. Sev-
intracellularly or extracellularly; discriminating var- eral studies have investigated the possibility of active
ied acidity of cellular organelles and for treating dif- accumulation of drugs in tumors, by coating NPs
ferent types of tumors, with enhanced intracellular with ligands that target receptors highly expressed on
localization and anticancer agent release. tumor cells.

618 Pharm. Pat. Anal. (2014) 3(6) future science group


Nanoparticles applied to antineoplastic agents  Patent Review

Table 3. Main applicants with over six patents granted.


Country Assignees with six or more patents Class of nanoparticle in the patent
USA GP Medical Inc. and Tsinghua University partnership (14) Polymer, liposome
  MIT (9) Polymer, magnetic NPs
  University of California (8) Polymer, magnetic NPs, liposome, protein
China Shandong University (8) Polymer, lipids
  Southeast University (6) Polymer, magnetic NP, liposome, metallic NP
  Fudan University (6) Polymer, protein, dendrimer
  Nanjing University (6) Polymer, protein, dendrimer
South Korea Korea Inst. Sci & Technology (8) Polymer, magnetic NP, protein
  Yonsei Industry-Academic Cooperation Foundation (6) Protein, polymer, metallic NP, dendrimer, magnetic NP
  Snu R & DB Foundation (6) Lipids, polymer, magnetic NP, liposome, metallic NP
South Africa Abraxis Bioscience LLC (9) Protein
NP: Nanoparticle.

China NPs as well as other elements, including cobalt and


As shown in Table 3, four applicants, all universities, nickel, are the most studied. New treatment strategies
stand out for having been granted six or more patents should be explored, such as the use of noble-metal NPs,
in China. since these metals are inert. As an example, gold NPs
Shandong University has been granted eight patents, have been used without any significant side effects being
four of which are for the preparation of NPs involving observed. Another strategy would be to increase the
polymers (polyethyleneglycol-poly(L-lactide), chito- hydrophobicity of the metallic NP surface, since this is
san, block copolymer based on ethylene oxide and pro- directly related to toxic effects in living systems [3] .
pylene oxide as a drug carrier), one is for a lipid carrier, Another university with six patents is Fudan, most of
and three are for nano-preparations of a drug, [23] for which claim polymeric NPs. The patent [30] is for a drug
adriamycinone derivative nanocrystallization, [24] for delivery system that comprises high polymer material,
etoposide nanosuspension and [25] for N3-O-toluoyl polyethylene glycol, polypeptide, therapeutic genes and
uracil nanosuspension. chemotherapy medicine. This system specifically deliv-
Southeast University has six patents, two of which ers the drug to tumor cells. Meanwhile, [31] describes a
are for polymer-based NPs. The NP in [26] comprises preparation of amphiphilic NPs with excellent stabil-
chitosan and micromolecular chemotherapeutics with ity used for the delivery of the active ingredient, such
core shell structures, while [27] describes a drug-carried as chitosan and 5-fluorouracil methotrexate. Reference
microsphere containing hydroxypropyl β-cyclodextrin [32] uses polyethylene glycol-polylactic acid to build
and paclitaxel, which enhances the anticancer effect into micelle, with KC2S-biotin-streptavidin for treat-
of paclitaxel. Similar to other anticancer drugs, pacli- ing brain disease. The nanocarrier system crosses the
taxel is inherently water insoluble, given its lipophilic blood–brain barrier. For the biological action of mag-
nature. While this degree of hydrophobicity is favor- netic NPs, it is necessary their functionalization with
able for drug permeation through cell membranes, biomolecules. This strategy allows these NPs to circu-
intravenous administration would result in rapid drug late for a prolonged period of time and target a particu-
aggregation and formation of capillary embolisms. By lar organ. Polyethylene glycol and other polymers are
encapsulating the drug within the NP, the apparent widely used to prolong nanocarriers half-life, increasing
solubility of the drug can be significantly increased [1] . their stabilization and biodistribution.
This university also has two patents that employ Most of Nanjing University’s patents use polymer NPs
magnetic NPs. The innovation protected by [28] is a as drug carriers. The patent [33] provides protection for
magnetic NP polyethylenimine-manganese zinc iron a preparation of glucan/polycaprolactone amphiphilic
oxide with transfection efficiency and reduced cyto-
toxicity, while [29] protects a method for preparing dau- Key term
norubicin and 5-bromotetrandrine-carrying magnetic Nanocarrier: A nanomaterial used to transport another
nano ferroferric oxide particles. Magnetic NPs comprise substance, such as a drug. Commonly used nanocarriers
an important class of nanomaterials commonly inves- include polymers, liposomes, solid lipids, magnetic particles
and metallic particles.
tigated for their potential use in medicine. Iron-based

future science group www.future-science.com 619


Patent Review  Fierro, de Menezes Alencar, Lins Mendes et al.

CN102406949, KR1267318

CN102813915, US8318198, US8198246,


US8304408
Dendrimer
(2.3%) Liposome
Li CN101804021, CN102240267, CN101889983, CN101982168, CN102397554,
(4.6%) CN102406949, CN102504290, CN102885785, CN10110665, CN102127231, CN101879427,
CN101856432, CN102600082, CN102389399, KR1263732, KR1286059, KR1367940,
KR1223484, KR1184928, KR1308746, KR1267313, KR1267318, KR993024, US8257740,
US8187570, US8221795, US8361439, US8449915, US8048404, US8283317, US8226928,
Polymer US8114380, US8574544, US8187571, US8287905, US8062668, US8591905, US8246968,
(45.3%) US8580253
Main classes of
nanoparticles
claimed in CN102294035, CN102772809,
S N
the granted CN102225209, CN102302503,
Patents KR1209266, KR1230384, US8445021
Magnetic
particle
(8%)

CN10058386, KR1085203, KR1000358,


KR993024
Lipid
(4.6%)
Peptides CN103007290, KR1349360, KR1233850,
KR1276180
Protein Metal
(4.6%)
Protein/peptide
(15%)
CN102397554, KR1223484, KR1254726, KR1332621,
ZA201107556, ZA201201531, ZA201206959, ZA201108999,
ZA201207329, ZA201106659, ZA201206960, ZA200707491,
US8263133

Figure 3. Main classes of nanoparticles claimed in the granted patents.


block polymer medicine carrying NPs. The amphiphilic two for peptides [40,41] , one for a magnetic NP [42] and
block polymer has good hydrophilic, biological degrada- one for a metallic NP [43] . There was also found to be a
tion and biological compatibility. The patent [34] is for trend toward photothermal therapy for treating cancer.
tea polyphenol/chitosan NPs used as drug carriers.
South Africa
South Korea Abraxis BioScience LLC (currently a subsidiary of Cel-
Three institutions from South Korea count amongst gene Corporation) is a biopharmaceutical company
the top recipients of patent protection for their innova- whose portfolio includes eight patents granted in South
tions in the last 4 years. The Korea Institute of S&T has Africa for protein-based NP compounds, the greater
eight patents, six of which are for polymeric NPs, such part of them being NPs comprising albumin and a
as polyoxyalkylene derivatives of fatty acid esters, poly- water-insoluble active agent that are useful for treat-
oxyethylene sorbitan monooleate as a nanocarrier with ing several types of cancer, for example, squamous cell
high water solubility, and excellent biocompatibility and cancer and gastric or stomach cancer [44] .
specificity. The patent [45] claimed a composition comprising
SNU R & DB Foundation was granted six patents NPs having a taxane and an albumin useful for assess-
in the period under study. Their focus tends to be on ing the responsiveness of an individual to treatment and
the use of lipid NPs for drug delivery, either for cancer for treating a cancer that is highly fibrotic and/or has a
treatment [35] , prevention [36] or diagnosis [37] . The char- dense stroma.
acteristics of the patented NPs are the absence of side Protein-based NPs for delivering drugs are particu-
effects and reduced toxicity. larly interesting as they hold certain advantages, such
The Yonsei Industry-Academic Cooperation had six as greater stability during storage and in vivo, as well
patents granted in South Korea in the study period. as being nontoxic and non-antigenic. Albumin is an
They are for a variety of NPs: two for polymers [38,39] , attractive candidate for NP preparation, since besides

620 Pharm. Pat. Anal. (2014) 3(6) future science group


Nanoparticles applied to antineoplastic agents  Patent Review

being easy to purify and soluble in water, it has been Conclusion


shown to be biodegradable, nontoxic and metabolized Nanotechnology and nanomedicine are awakening
in vivo to produce innocuous degradation products [93] . increasing interest on the part of the scientific commu-
Although early predictions for commercialization nity, industry professionals and governments because
are promising, there are some difficulties that challenge of the countless potential new ways they can be used
the future of nanomedicine. Its success is dependent in health.
upon the effective protection of intellectual property Landscape analysis can be a powerful tool for devel-
rights, an essential tool in a modern economy [94] . oping policy and business strategy, and this analysis of
patents granted around the world shows that the main
Future perspective actors in industry and/or academia are focusing on devel-
The analysis of the granted patents within the past oping polymeric and protein NPs with the clear purpose
4 years identified a mix of NP classes with the majority of maximizing therapeutic efficacy and reducing toxicity
of patent interest focused on few of them. Although in cancer treatment, diagnosis and prevention.
polymers and proteins engendered the largest patent The application of NPs in medicine is an emerg-
count, it is not possible yet to say whether this inter- ing field with the potential to have a positive effect on
est will translate into more drug candidates entering human healthcare. Nanotherapeutics will cross new
clinical development, since at the moment, despite frontiers in the understanding and practice of medi-
massive research on NP systems for cancer detection cine, improving clinical outcomes and significantly
and therapy, there are not many in the market. Even enhancing patients’ quality of life.
though NP-based imaging and treatment are striv-
ing to advance into clinical trials, the call for a per- Acknowledgements
sonalized medicine has made NP-based theranostics a The authors thank CAPES (Coordenação de Aperfeiçoamento
research hotspot. A combined technique can lead to de Pessoal de Nível Superior) for the access to the Derwent
the acceleration of drug development, enhanced dis- Innovation Index database [18] , available at the CAPES Journal
ease management, reduced risks and costs. Further- Portal (www.periodicos.capes.gov.br/).
more the same properties that make NPs a desired
technology for therapeutic intervention may also cause Financial & competing interests disclosure
adverse effects. It is thus important that new formula- The authors have no relevant affiliations or financial involve-
tions take into account the fine balance between the ment with any organization or entity with a financial inter-
efficacy and toxicity of these particles. est in or financial conflict with the subject matter or mate-
In our opinion, future patenting activities in the rials discussed in the manuscript. This includes employment,
NPs field will persist to represent a mix of targets, and consultancies, honoraria, stock ownership or options, expert
significant innovation will occur as key challenges testimony, grants or patents received or pending, or royalties.
in cancer treatment can be overcome by these NP No writing assistance was utilized in the production of this
formulations. manuscript.

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.

future science group www.future-science.com 621


Patent Review  Fierro, de Menezes Alencar, Lins Mendes et al.

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