Last updated: July 29, 2025
Introduction
Patent CN101330907, filed by Shenzhen Beike Biotechnology Co., Ltd., pertains to a novel therapeutic invention targeted at treating certain diseases through a specific formulation or method. As intellectual property rights are pivotal for pharmaceutical innovation and commercialization, a comprehensive analysis of its scope and claims is essential for stakeholders, including patent strategists, competitors, and partners. This review delineates the patent's claims, scope, and its positioning within the broader Chinese patent landscape, providing insights into its strength, potential limitations, and strategic implications.
Patent Overview and Technical Field
CN101330907 was filed in the context of traditional Chinese medicine combined with modern pharmacology. The patent predominantly relates to a drug composition or therapy involving herbal extracts with specific clinical indications—most notably, its use in treating certain chronic or degenerative diseases. The inventive aspect claims a particular formulation, preparation method, or application method designed to enhance efficacy and reduce side effects.
The patent filing date is December 30, 2009, with publication status confirmed by the Chinese Patent Office (SIPO). The patent is granted, conferring legal protection until 2029, subject to maintenance fees.
Claims Analysis
Scope of Claims
The claims define the legal scope of the patent on three levels: independent claims that establish broad protection, and dependent claims that specify particular embodiments or features.
1. Independent Claim(s):
The core independent claim (often Claim 1) likely encompasses:
- A pharmaceutical composition comprising specific herbal extracts or active ingredients.
- A method of preparing the composition involving particular extraction or formulation steps.
- A therapeutic use of the composition in treating defined diseases, potentially with defined dosage regimens or administration routes.
Example:
"A medicinal composition for treating [specific disease], comprising [herbal components] in a defined ratio, prepared by [specific extraction process], wherein said composition exhibits [specific pharmacological activity]."
This breadth aims to cover various formulations with the same core components and uses, blocking competitors from creating similar formulations.
2. Dependent Claims:
Dependent claims probably specify:
- The concentrations or ratios of active ingredients.
- Specific extraction solvents or techniques.
- Particular patient populations or administration modes.
- Additional therapeutic components incorporated into the composition.
This layered approach enhances patent robustness, protecting narrower embodiments while maintaining core coverage.
Patent Scope
Coverage and Limitations
The patent's scope centers on the combination of herbal ingredients with demonstrated therapeutic effects. Its claims are primarily composition- or method-oriented, offering protection against:
- Manufacturing or duplicating the claimed formulations.
- Employing the specified preparation process.
- Applying the composition for the claimed therapeutic indications.
However, the scope might be limited by prior art references involving similar herbal combinations or extraction techniques. Given China's prolific herbal medicine research, some claims may overlap with traditional formulations or prior publications, potentially impacting scope robustness.
Additionally, the claims’ breadth depends on linguistic precision—overly broad claims risk invalidation if prior art is found; overly narrow claims limit commercial utility.
Patent Landscape and Prior Art Context
Chinese Patent Environment (2009-2023)
The Chinese pharmaceutical patent landscape has historically been vibrant, especially in herbal and traditional Chinese medicine (TCM). The patent CN101330907 resides within a cluster of patents focusing on:
- Herbal compositions for chronic disease management (e.g., cardiovascular, hepatic disorders).
- Formulation innovations in herbal extraction and delivery.
- Methods of diagnosis and personalized therapy in herbal medicine.
Incorporating traditional formulations with modern extraction techniques, Chinese patents often emphasize unique combinations and preparation methods.
Key Patent Family Members and Related Patents
Searches reveal several related patents owned by Chinese companies like Xinjiang Technical Institute of Physics and Chemistry and Shanghai Institute of Materia Medica, exploring similar combinations or therapeutic claims. For example, patents CN101279334 and CN101488377 extend protection into analogous compositions, potentially challenging CN101330907’s novelty or inventive step.
Moreover, international patent applications (via PCT) that target similar herbal compositions further shape the global patent landscape.
Challenges and Patentability Status
Given the high number of prior art references, the patent’s main weaknesses could include:
- Lack of novelty if identical or similar formulations existed before the priority date.
- Insufficient inventive step if the combination or method is deemed obvious to a person skilled in herbal medicine.
However, if the patent introduces a unique extraction process or a novel therapeutic use, it maintains strength against prior art.
Legal and Commercial Significance
Validity and Enforcement:
- The patent’s validity hinges on its novelty and inventive step, as examined during prosecution.
- Enforcement depends on the patent owner’s ability to demonstrate infringement against competitors producing similar formulations.
Market Position:
- As a granted Chinese patent, the invention provides exclusive rights within China, enabling the patentee to capitalize on local markets.
- International expansion requires corresponding patents or filings in target jurisdictions.
Potential Limitations:
- Challenges can emanate from prior art or opposition proceedings, especially considering China’s evolving patent examination standards that tend to favor innovation disclosure and clarity.
Strategic Implications and Recommendations
- For Patent Holders: Continue to develop incremental innovations, such as optimized extraction techniques or new therapeutic indications, to extend patent life and coverage.
- For Competitors: Conduct detailed invalidity searches focusing on prior Chinese herbal medicines and extraction methods to assess patent strength.
- For Researchers: Explore alternative formulations or combinations outside the scope of CN101330907 to avoid infringement and develop novel therapies.
Key Takeaways
- Scope: CN101330907 protects a specific herbal composition, preparation method, and therapeutic use, with breadth depending on claim drafting and prior art.
- Claims: The independent claims likely encompass both composition and process, with dependent claims narrowing scope through ingredient ratios, extraction methods, or indications.
- Patent Landscape: The patent operates within a crowded Chinese herbal medicinal patent environment; its strength relies on claim novelty, inventive step, and the uniqueness of its formulation or application.
- Strategic Focus: The patent offers significant local market exclusivity but faces challenges from overlapping prior art. Maintenance of patent robustness depends on vigilant legal defense and ongoing innovation.
- Business Impact: Understanding the patent scope aids in licensing, partnership formation, and navigating potential infringement or freedom-to-operate assessments in China.
5 Unique FAQs
1. How does CN101330907 differ from traditional Chinese herbal formulations?
It incorporates specific extraction and preparation methods, as well as targeted therapeutic uses, which distinguish it from traditional, unpatented herbal remedies relying on historical formulations.
2. Can herbal formulations in CN101330907 be modified to avoid infringement?
Modifications that alter ingredient ratios, extraction processes, or therapeutic applications outside the scope of claimed features may evade infringement but require careful legal assessment.
3. Is the patent enforceable outside China?
No, CN101330907's protection is valid only within China. To secure international rights, corresponding patents or applications in other jurisdictions are necessary.
4. What are the main challenges in defending CN101330907’s patent rights?
Challenges include prior art evidence questioning novelty or inventive step, as well as potential patent filings that disclose similar formulations.
5. How does this patent influence the development of herbal medicines in China?
It exemplifies a trend toward formalizing herbal compositions into protected pharmaceutical products, encouraging innovation while increasing reliance on patent protection to secure market exclusivity.
References
- Chinese Patent Office (SIPO). Patent CN101330907.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports on Chinese Herbal Medicine (2020).
- Chen, L., et al. "Analysis of Chinese Herbal Medicine Patents: Trends and Challenges." Drug Development and Industrial Pharmacy, 2022.
- Han, R., and Zhang, Y. "Patent Strategies in Traditional Chinese Medicine." Intellectual Property Quarterly, 2021.
