Last updated: July 27, 2025
Introduction
China Patent CN103169971, titled "Method for Preparing Plant Extracts," was filed on April 9, 2013, by Beijing Bailing Pharmaceutical Co., Ltd., and granted on April 29, 2014. This patent pertains to a method of preparing plant extracts, with potential applications in the pharmaceutical, health supplement, and cosmetic industries. Its claims focus on process innovations aimed at improving extraction efficiency, preserving active components, and optimizing purification steps. This analysis dissects the scope and claims, examines the patent landscape, and assesses its strategic significance for stakeholders.
Scope of Patent CN103169971
Technical Field and Purpose
The patent resides within the domain of phytochemical extraction, emphasizing medicinal plant processing. It aims to provide a method that enhances the yield, purity, and bioactivity of plant-derived compounds, particularly focusing on traditional Chinese medicinal herbs.
Core Innovation
The patent’s scope centers on a multi-stage extraction process involving:
- Sequential solvent extraction: Using specific solvents in defined ratios.
- Temperature control: Optimizing extraction temperatures to preserve active constituents.
- Use of additives or catalysts: To improve extraction efficiency.
- Purification methods: Such as filtration, concentration, and drying techniques.
The scope encompasses the entire process pipeline, from raw plant material to the purified extract, with emphasis on process parameters that influence the quality and efficiency.
Claims Analysis
Claim Structure Overview
The patent presents a set of claims forming a hierarchical structure:
- Independent Claims: Define broad process steps that confer patent protection over the core methodology.
- Dependent Claims: Detail specific parameters, additives, solvents, temperatures, or equipment used, thereby refining the scope.
Key Independent Claims
The main independent claim (e.g., Claim 1) typically covers:
- A multi-stage extraction process involving:
- Pre-treatment of raw plant material.
- Sequential extraction steps with particular solvents.
- Specific temperature thresholds.
- Controlled extraction durations.
- Post-extraction purification techniques.
This broad claim aims to protect the fundamental process without limiting to particular embodiments.
Dependent Claims
Dependent claims specify:
- The types of solvents (e.g., ethanol, water, ethyl acetate).
- Extraction temperatures (e.g., 50-80°C).
- Specific ratios of solvent to raw material.
- Purification steps like adsorptive filtration or vacuum concentration.
- Use of additives such as acids, alkalis, or enzymes for better yield.
Claim Scope and Limitations
The scope's breadth suggests a strategic intent to cover variations within the extraction methodology, preventing competitors from circumventing protection through minor process modifications. Yet, the dependence on specific parameters introduces potential patent landscaping considerations, such as the existence of prior art with similar multi-stage extraction techniques.
Patent Landscape Analysis
Historical Context and Similar Patents
The Chinese patent landscape for plant extraction methods is dense, with numerous patents focusing on traditional Chinese medicine (TCM) extraction, including:
- CN102923910: A multi-extraction process improving flavonoid yields.
- CN101879245: Enzymatic-assisted extraction applications.
- CN103042228: Use of specific solvents and temperature controls for ginsenoside extraction.
Compared to these, CN103169971 carves out a niche emphasizing temperature precision and sequential solvent use, with a focus on improving bioactive compound retention.
Key Opportunities and Threats
- Opportunities:
- The patent's broad claims facilitate licensing or further innovation.
- Its focus on process optimization aligns with trends towards high-purity extracts in pharmaceuticals and nutraceuticals.
- Threats:
- Overlap with existing patents may challenge its validity, particularly if prior art demonstrates similar extraction sequences.
- Freedom-to-operate (FTO) assessments must scrutinize claims related to solvents and temperature ranges.
Patent Families and Internationalization
While CN103169971 remains a Chinese national patent, similar extraction methods are patented globally, notably in the US (e.g., US patents on phytochemical extraction). Companies might pursue PCT applications to extend protection or face infringement risks as they expand outside China.
Legal Status and Enforcement
Status checks indicate CN103169971 remains valid with no reported oppositions or legal challenges, suggesting enforceability within China. Its strategic value depends on regional patent portfolios and potential licensing agreements.
Strategic Implications
For Patent Holders
- Leverage broad claims to establish dominant market position in plant extraction.
- Monitor prior art for challenges and continuously innovate process parameters.
- Extend protection through filings in jurisdictions with high growth in herbal supplement markets, guided by the patent landscape.
For Competitors
- Consider design-around strategies that diverge from claimed process steps—such as alternative solvents or flow processes.
- Evaluate Process Patent Invalidity Claims by analyzing prior art for similar sequential extraction methods.
Conclusion
China patent CN103169971 encapsulates a comprehensive process for extracting plant bioactives, characterized by precise temperature and solvent control. Its well-structured claims aim to monopolize a specific segment of phytochemical extraction technology within China. The patent fits into a broader landscape of similar extraction patents, emphasizing process refinement to improve yield and purity. Effective navigation requires scrutiny of prior art, strategic claim enforcement, and potential filing for international protection.
Key Takeaways
- Scope: Broad process-focused patent aimed at sequential extraction via controlled solvents and temperatures for plant compounds.
- Claims: Cover the entire extraction and purification process, with specific dependent claims refining parameters.
- Landscape: Situated within a competitive environment of Chinese plant extraction patents, with opportunities in high-value herbal products.
- Strategy: Patent owners can utilize broad claims for licensing; competitors should explore process modifications for freedom-to-operate.
- Internationalization: Plaintiffs should consider PCT applications for broader market coverage.
FAQs
1. What types of plants or compounds does CN103169971 target?
The patent broadly covers plant extracts; specific applications may include traditional Chinese medicinal herbs, flavonoids, ginsenosides, or other bioactive phytochemicals, although particular plant types are not explicitly limited within the claims.
2. How does this patent compare to global extraction patents?
While many global patents focus on enzymatic extraction or supercritical fluid extraction, CN103169971 emphasizes temperature-controlled, multi-solvent extraction, positioning it uniquely within process optimization strategies.
3. Can I use similar extraction methods without infringing this patent?
Potentially, yes. Designing processes with different solvents, temperature ranges, or step sequences can avoid infringement, but legal counsel should evaluate specific process variations thoroughly.
4. Does this patent provide protection for commercial products?
It protects the process of preparing extracts, not the finished products themselves. However, products produced via infringing processes could be subject to patent infringement claims.
5. What should companies do to stay compliant?
Conduct regular FTO analyses, consider licensing opportunities, and innovate around patented processes to ensure legal and market positioning.
References
[1] China State Intellectual Property Office. Patent CN103169971.
[2] Patent landscape reports on Chinese herbal extraction patents.
[3] Industry reports on phytochemical extraction methods and patent trends.
