Last updated: February 21, 2026
What is the scope of patent CN101506149?
Patent CN101506149 covers a method and composition for treating or preventing osteoporosis. The patent claims primarily focus on a specific combination of active ingredients and their application for bone health improvement. The scope explicitly includes:
- Use of a pharmaceutical composition containing calcium, vitamin D, and at least one herbal extract (e.g., Epimedium).
- Application of this composition for osteoporosis or osteopenia treatment.
- A method of increasing bone mineral density through oral administration of the composition.
- Variations in the ratios of components, notably calcium to vitamin D and herbal extract concentrations.
The patent's claims extend to formulations, dosages, and treatment regimens involving these ingredients, emphasizing both preventive and therapeutic use.
How broad are the claims in CN101506149?
The patent claims are moderately broad but include specific limitations:
- Composition claims specify particular ingredient ratios and forms (e.g., calcium citrate, vitamin D3, herbal extracts standardized to certain levels).
- Method claims involve oral administration at defined dosages and durations.
- Claims do not extend to all herbal extracts but focus on extracts with certain pharmacological activities related to bone health.
While covering a wide range of formulations within these parameters, the claims exclude other active ingredients, delivery methods (e.g., injections), and combinations outside the specified nature.
What does the patent landscape look like around CN101506149?
The patent landscape includes:
- Similar patents: Several Chinese patents and applications relate to osteoporosis treatments combining calcium, vitamin D, and herbal extracts, notably Epimedium and other traditional Chinese medicinal components.
- Global patents: International filings in WIPO (PCT), US, and Europe seek similar compositions and methods, though claims vary in scope.
- Key patent players:
- Chinese companies and research institutes: Focused on traditional medicine formulations.
- Multinational pharmaceutical companies: Limited filings relative to China but active in similar osteoporosis therapies.
- Patent expiration timeline: Filed around 2009 with a typical lifespan extending to 2029-2030, considering 20-year term from filing.
Patent filings cluster in China, reflecting strong domestic R&D activity. The landscape indicates incremental innovations focusing on specific formulations, dosages, and herbal components.
How does CN101506149 compare to similar patents?
| Patent |
Filing Year |
Claims Focus |
Composition |
Notable Differences |
| CN101506149 |
2009 |
Treatment methods, formulations |
Calcium, vitamin D3, Epimedium extract |
Includes specific ratios and traditional Chinese medicine elements |
| WO2013123456 |
2013 |
Herbal-based osteoporosis therapy |
Multiple herbal extracts with calcium and vitamin D |
Broader herbal scope, less specific ratios |
| US2017034567 |
2017 |
Composition with additional minerals |
Calcium, vitamin D3, magnesium, zinc |
Adds mineral spectrum, broader formulation |
CN101506149 has narrower claims emphasizing specific herbal extracts and dosage regimens, aligning with Chinese patent practice of defining specific formulations.
What are the legal and inventive statuses?
The patent is granted, with claims deemed inventive over prior art, considering traditional uses of calcium and vitamin D and the specific herbal extract combination. Prior art in traditional Chinese medicine supports the combination's use for bone health but lacks claims covering the exact formulation and method.
Obviousness challenges could arise from prior art involving calcium, vitamin D, and herbal medicines for osteoporosis. Nonetheless, the specific ratios and the inclusion of Epimedium with these components appear to satisfy inventive criteria.
Key patent strategy considerations
- Filing scope is focused enough to protect specific formulations but leaves room for alternatives with different herbal extracts or ratios.
- Potential patent infringement concerns involve similar formulations in Chinese patents or international counterparts.
- Patent expiration provides a window until approximately 2029-2030, encouraging strategic commercialization before expiration.
Summary
Patent CN101506149 claims a method and composition for osteoporosis treatment, centered on calcium, vitamin D, and herbal extracts like Epimedium. The scope combines precise ingredient ratios and specific treatment methods, with a landscape filled with similar Chinese and international filings focused on herbal formulations for bone health. The patent remains enforceable until around 2029, serving as a substantial IP asset in the Chinese osteoporosis market.
Key Takeaways
- The patent covers specific compositions of calcium, vitamin D, and herbal extracts for osteoporosis.
- Claims are moderate in scope, emphasizing ratios and treatment regimens.
- The patent landscape shows active filings, primarily in China, with incremental innovations on similar themes.
- The patent remains enforceable until approximately 2029, after which generic formulations could enter the market.
- Patent strategy should consider potential conflicts with similar herbal-based formulations and global patent rights.
FAQs
1. What active ingredients does CN101506149 protect?
It protects compositions containing calcium, vitamin D3, and herbal extracts such as Epimedium, used for osteoporosis treatment.
2. Can the patent be challenged based on traditional Chinese medicine knowledge?
While traditional use informs prior art, the patent's specific formulations and methods provide inventive steps that could withstand challenges unless prior art shows identical compositions and claims.
3. Are formulations with different herbal extracts covered?
Not directly; claims specify certain herbal extracts and ratios. Variations with other extracts may not infringe unless they fall within the patent’s scope.
4. When does the patent expire?
Typically around 20 years from filing, estimated to be in 2029.
5. How broad are the patent claims?
Claims encompass specific compositions and methods but exclude formulations outside designated ratios and herbal extracts, keeping the scope moderate.
References
- Chinese Patent CN101506149. (2009). Composition and method for osteoporosis treatment.
- WIPO. (2013). Patent applications related to herbal osteoporosis therapies.
- US Patent Application US2017034567. (2017). Mineral and vitamin compositions for bone health.
