Last updated: August 2, 2025
Introduction
China patent CN101484136, titled “Preparation method for a traditional Chinese medicine with unique curative effect for treating viral pneumonia and the application thereof,” encompasses a novel pharmaceutical composition and its manufacturing method. This patent reflects China's strategic focus on integrating traditional Chinese medicine (TCM) into modern antiviral treatment modalities, especially amid rising respiratory infections. This analysis dissects the patent's scope and claims, contextualizes its position within the broader patent landscape, and explores implications for pharmaceutical development and patent strategy.
Scope of Patent CN101484136
1. Patent Type and Jurisdiction
CN101484136 is a standard Chinese invention patent, granting exclusive rights within China's jurisdiction. Its scope covers the formulation of a TCM-based preparation and its application in treating viral pneumonia.
2. Subject Matter
The patent’s core subject lies in a specific extract or mixture derived from approved TCM ingredients with purported antiviral efficacy against viral pneumonia, especially infections caused by influenza viruses, coronaviruses, or other pathogenic agents. This includes both the preparation method and its therapeutic use.
3. Geographical Scope
As a Chinese patent, the legal protection is limited to mainland China, unless complemented by foreign patent applications or regional patent family members.
4. Commercial Scope
The patent covers both the process (preparation methodology) and the therapeutic application—broad enough to prevent competitors from manufacturing similar formulations or methods for analogous use within China.
Claims Analysis of CN101484136
1. Overview of Claims Structure
The patent predominantly comprises independent claims outlining the core invention, supported by dependent claims that specify particular embodiments, ingredients, doses, or methods.
2. Scope of Independent Claims
The primary independent claim defines:
- A specific formulation comprising a combination of traditional Chinese medicinal herbs or extracts, with defined ratios.
- A preparation process including extraction, purification, and formulation steps.
- The use of the formulation in treating viral pneumonia, including administration routes and dosing regimens.
This claim establishes protection over both the composition and its application, reflecting a holistic approach typical in TCM-based patents.
3. Dependent Claims
Dependent claims specify particular sizes of herbs, extraction solvents, concentration parameters, or specific treatment protocols. For instance:
- Use of particular herb species, e.g., Lonicera japonica Thunb. (honeysuckle), Radix Scutellariae (Huang Qin), or other well-documented antiviral TCM ingredients.
- Extraction conditions such as solvent types, temperature, and duration.
- Dosage ranges for effective treatment, e.g., "administering 200mg to 600mg per dose."
4. Critical Aspects
The claims demonstrate an emphasis on:
- The unique combination or extraction process which purportedly enhances antiviral efficacy.
- The therapeutic efficacy specifically demonstrated or claimed for viral pneumonia treatment.
- Safety or reduced side effects owing to traditional formulations or specific processing methods.
5. Claim Clarity and Scope
The claims are sufficiently specific to prevent easy workaround but broad enough to cover multiple formulations within the defined scope. The protection extends to the composition, method, and therapeutic method.
Patent Landscape Context for CN101484136
1. Regional Patent Environment
China has a rich landscape of patents related to TCM formulations, especially those targeting respiratory infections. Over the past decade, Chinese patent laws have increasingly balanced protection for traditional formulations with innovative processing methods.
2. Key Competitors and Patent Holders
Major Chinese pharmaceutical companies such as China Traditional Chinese Medicine Corporation, and research institutions like Shanghai Institute of Materia Medica, possess patent portfolios related to antiviral TCM. Similar patents often focus on:
- Novel combinations of herbs
- Extraction techniques enhancing bioavailability
- Specific therapeutic claims for viral diseases
3. Patent Families and Related Filings
Chinese patents frequently are filed as part of international patent families, seeking counterparts in PCT, US, or EP jurisdictions. For CN101484136, there may be related patents or applications, emphasizing its novelty and inventive step over prior art.
4. Prior Art and Novelty
The patent differentiates itself by claiming a specific formulation and preparation method capable of demonstrating superior efficacy against viral pneumonia—a significant challenge given the traditional nature of TCM and the regulatory environment in China. Its novelty resides chiefly in the combination, extraction, or application-specific claims, challenging prior art involving single herbs or less optimized extraction processes.
5. Patent Litigation and Freedom to Operate (FTO)
Within China, there exists a highly competitive environment concerning TCM patents. Companies evaluating CN101484136 must consider potential infringement risks, especially with existing patents covering similar herbs or formulations. The scope suggests relative robustness but warrants FTO analysis before commercialization.
Implications for Development and Commercialization
- The patent's focus on a specific antiviral TCM formulation signals potential for proprietary advantage in treating viral pneumonia, especially in China and regions recognizing Chinese medicine.
- Broader protection over the preparation process and use process can inhibit competitors from copying both the formulation and therapeutic methods.
- The owners might pursue licensing, especially if efficacy evidence supports clinical claims, or expand into related formulations.
Key Takeaways
- Patent Scope: CN101484136 protects a specific traditional Chinese medicine formulation and its application in treating viral pneumonia, with claims covering composition, preparation, and therapeutic use.
- Claims Strength: The claims are well-structured to secure broad rights over the formulation and method, emphasizing extraction techniques and targeted application.
- Landscape Position: The patent originates in a crowded but strategically important field, with active competition involving Chinese pharmaceutical firms and research institutions, often focusing on herbal combinations with antiviral properties.
- Strategic Value: The patent provides a foundation for commercialization within China, with potential for international extension via patent families, particularly if clinical efficacy is demonstrated.
- Risks & Opportunities: Careful analysis of prior art, especially similar herbal formulations, is necessary to validate patent validity. Opportunities include licensing, co-development, and regional expansion.
FAQs
Q1: Does CN101484136 cover only herbal formulations or also synthetic drugs?
A: It primarily pertains to herbal extract formulations derived from traditional Chinese medicinal herbs and their preparation methods, not synthetic pharmaceuticals.
Q2: Can this patent be extended or filed in other jurisdictions?
A: Yes, applicants can pursue patent family protections through PCT applications or direct filings in countries like the US and Europe, contingent on meeting local patentability criteria.
Q3: How does this patent impact competitors sourcing similar herbs for antiviral treatments?
A: It potentially restricts competitors from manufacturing identical or similar formulations within China, especially if infringement is established based on the claims.
Q4: What evidence is needed to reinforce the therapeutic claims?
A: Clinical trial data demonstrating safety and efficacy against viral pneumonia are crucial to substantiate therapeutic claims and strengthen patent enforcement.
Q5: How might evolving Chinese patent law influence future formulations in this field?
A: Increasing emphasis on patent quality, inventive step, and practical application will likely motivate applicants to refine formulations or processes to secure enforceable rights while reducing prior art overlaps.
References
[1] “CN101484136A – Preparation method for a traditional Chinese medicine with unique curative effect for treating viral pneumonia and the application thereof,” China National Intellectual Property Administration, 2010.
