Last updated: August 3, 2025
Introduction
China patent CN102018714, filed by Sinopharm Group Co., Ltd., represents a significant intellectual property asset within the pharmaceutical domain. Its scope and claims provide insight into the company's strategic positioning, innovation trajectory, and potential competitive barriers in the Chinese pharmaceutical market. This analysis delivers a comprehensive review of the patent's scope, specific claims, and its positioning within the broader China's drug patent landscape.
1. Patent Scope and Technical Field
CN102018714 pertains to pharmaceutical compositions and methods primarily centered on a novel formulation of a traditional Chinese medicine (TCM) extract designed to enhance therapeutic efficacy and bioavailability. The patent covers a comprehensive treatment approach for oxidative stress-related disorders, notably cardiovascular and neurodegenerative conditions.
The patent's technical scope blends traditional medicinal ingredients with modern pharmaceutical excipients, aiming to improve drug stability and targeted delivery. It aligns with China’s evolving landscape, favoring integrative medicine while emphasizing innovation and modern formulation techniques.
2. Key Claims and Their Significance
The patent’s core claims can be grouped into three categories: composition claims, method claims, and process claims. Analyzing each category provides clarity on the patent’s protective scope.
a. Composition Claims
The principal composition claims focus on a specific blend of extracts from medicinal herbs, notably Salvia miltiorrhiza and Ginkgo biloba, combined with a novel excipient matrix. Core elements include:
- An orally administrable pharmaceutical formulation comprising specific ratios of herbal extracts, notably Salvia (referred to as Danshen) and Ginkgo (Yinxing) extract.
- Inclusion of a nanoparticle-based delivery system aimed at enhancing bioavailability.
These claims are significant because they encompass both the herbal mixture and the innovative delivery system. The inclusion of nanoparticle technology reflects a strategic move to modernize traditional remedies and provides a basis for broad protection of similar formulations.
b. Method Claims
Method claims detail a regulated process for preparing the pharmaceutical composition, including extraction, sterilization, and nanoparticle encapsulation procedures. Notable aspects include:
- A multi-step extraction process optimized for maximizing active component yield.
- A specific protocol for nanoparticle synthesis with defined parameters, e.g., particle size and encapsulation efficiency.
This procedural scope ensures protection not only for the product but also for the manufacturing process, creating barriers to entry for competitors attempting similar formulations.
c. Use Claims
Use claims extend protection to the therapeutic application of the composition for treating oxidative stress-induced cardiovascular diseases and neurodegenerative disorders. These claims are instrumental for securing patent rights in indications-based therapies and can serve as a basis for future combination patents.
3. Patent Landscape Analysis
a. Positioning within Traditional Chinese Medicine (TCM) and Modern Drug Development
CN102018714 belongs to a growing trend within Chinese pharmaceutical patents that blend TCM with advanced drug delivery and formulation technologies. The patent aligns with China's strategic focus on innovative TCM formulations, often protected through patent claims bridging traditional ingredients and modern delivery mechanisms.
b. Patent Family and Family Members
While CN102018714 is a Chinese national patent, a patent family likely exists covering counterparts in regional markets like the US, Europe, and other Asian countries. Patent filings typically include a patent application in China, with subsequent international applications (e.g., PCT), expanding global protection (see WIPO publication databases).
c. Related Patents and Prior Art
The patent landscape around herbal compositions and nanoparticle delivery platforms is dense. Similar patents include formulations combining Danshen or Ginkgo with nanotechnology, indicating competitive overlapping claims. However, CN102018714's novelty rests on its unique extraction process and specific combination ratios, which it claims as innovative over prior art.
d. Patent Validity and Patentability
The patent claims meet the criteria of novelty, inventive step, and industrial applicability, given the specialized extraction process and nanoparticle formulation. Its validity will depend on examination outcomes, particularly over prior art references disclosing similar herbal combinations or nanoparticle-based delivery systems.
e. Commercial and Patent Strategies
Positioned within China's expanding pharmaceutical innovation ecosystem, the patent likely aims to secure exclusive rights in TCM-based therapeutics with modern delivery systems. It strategically complements Sinopharm’s portfolio by providing protection against imitators and aligns with China’s national policies favoring traditional medicine modernization.
4. Competitive and Innovation Implications
The patent exemplifies China's progressive approach to integrating traditional remedies with cutting-edge nanotech platforms. It may deter competitors from developing similar formulations without risking infringement, especially considering China's patent enforcement regime.
Furthermore, the use of nanoparticle technology signifies an emphasis on improved bioavailability and therapeutic efficacy, potentially leading to market differentiation in indications such as cardiovascular disease management.
5. Conclusion and Industry Outlook
CN102018714 illustrates the convergence of TCM and modern pharmaceutical innovation in China. Its claims encompass a broad protective scope over specific herbal compositions, delivery methods, and therapeutic applications. As China advances into promoting innovative traditional medicine, patents like CN102018714 contribute to a strategic patent landscape that emphasizes both traditional heritage and technological advancement.
Key Takeaways
- CN102018714 covers a novel herbal composition combining Salvia and Ginkgo extracts with nanoparticle delivery technology, aimed at oxidative stress-related disorders.
- The patent’s claims extend across compositions, manufacturing processes, and therapeutic uses, offering robust protection and barriers to market entry.
- Its strategic positioning aligns with China's national priorities to modernize traditional medicine, fostering innovation and global competitiveness.
- The patent landscape indicates increasing competition in herbal nanotechnology formulations, emphasizing the importance of novelty and precise claims.
- For pharmaceutical developers, understanding such patents aids in designing non-infringing, innovative formulations, and assessing regional IP risks.
FAQs
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What makes CN102018714 unique compared to prior herbal medicine patents?
It incorporates a specific nanoparticle delivery system combined with a patented herbal extract ratio, enhancing bioavailability and therapeutic efficacy.
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Does the patent protect only the specific herbal combination?
No, it extends protection to the compositions, extraction methods, nanoparticle formulations, and therapeutic uses, covering multiple aspects of the invention.
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Can this patent be used as a basis for international expansion?
While primarily a Chinese patent, patent family extensions and PCT filings can facilitate regional protection and global commercialization strategies.
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What are the potential challenges in enforcing this patent?
Similar formulations in the same technological space could pose challenges, especially if prior art references are identified or if the patent’s claims are narrowed during examination.
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How does this patent influence the future development of TCM-based pharmaceuticals?
It exemplifies the trend toward combining traditional ingredients with modern nanotechnology, encouraging innovation while protecting intellectual property rights.
References
[1] China National Intellectual Property Administration (CNIPA). Patent CN102018714.
[2] WIPO Patent Scope Database. Worldwide patent family analysis of CN102018714.
[3] Chinese Patent Law and Examination Guidelines.
