Last updated: August 23, 2025
Introduction
China Patent CN105597204, titled “Method for producing Chinese Herbal Medicine for Treating Cancer,” exemplifies China's push into integrating traditional Chinese medicine (TCM) with modern pharmaceutical innovation. This patent centers on a novel extraction method and formulation for an herbal medicine purported to combat cancer. Its strategic significance stretches across patenting trends in TCM, pharmaceutical innovation, and the broader landscape of cancer treatment patents in China.
This analysis dissects the patent’s scope through its claims, examines its technical content, and maps its patent landscape context, providing insights for pharmaceutical developers, patent practitioners, and strategic stakeholders.
Scope of Patent CN105597204
Scope Definition
The patent’s scope is predominantly encapsulated in its independent claims, detailing a specific method, composition, and application of herbal extracts. It encompasses:
- The method of preparing the herbal medicine, including plant material processing, extraction techniques, and formulation.
- The composition of the herbal medicine, comprising specific herbs, their proportions, and preparation conditions.
- The intended therapeutic application—notably, treating or preventing cancer.
Importantly, the claims delineate the novelty through detailed process steps, herbal component ratios, and formulation specifics, which together set boundaries beyond prior art.
Claims Analysis
Claim Structure and Emphasis
The patent includes one independent claim describing a method of preparing an anti-cancer herbal medicine and several dependent claims refining specifics such as herb types, extraction conditions, and formulation parameters.
Key features include:
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Herbal Composition:
- Use of specific herbs such as Scutellaria baicalensis (Huang Qin), Radix Sophorae Flavescentis (Ku Shen), and additional botanical constituents.
- Ratios tailored for synergistic efficacy.
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Extraction Process:
- Utilizes techniques such as ethanol extraction, decoction, or other solvent-based methods.
- Parameters such as temperature, solvent concentration, and extraction time are specified to ensure reproducibility and potency.
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Formulation:
- The method results in a standardized herbal extract or formulation packaged for therapeutic use.
- Possible inclusion of carriers or excipients, emphasizing stability and bioavailability.
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Therapeutic Application:
- Claims specify use in cancer treatment, including particular cancer types or symptoms.
- The patent emphasizes improved efficacy, reduced toxicity, or enhanced absorption.
Claim Limitations and Innovation
The scope is constrained by the detailed methodology, herbal ratios, and extraction conditions. This precise delineation aims to avoid overlaps with prior art covering general herbal extraction or standard formulations, while highlighting unique combinations or processes.
Potential Competitors and Freedom to Operate
Patent scope suggests a narrowly tailored claim set focusing on specific extraction and formulation steps, likely enabling competitors to develop alternative methods or compositions outside these boundaries. However, the specific herbal ratios and processing conditions constitute targeted points of patent infringement.
Patent Landscape Context
Historical and Market Context
China’s pharmacopoeia and traditional medicine market have seen increased patent activity, especially for innovative extracts targeting oncology. CN105597204 adds to a growing portfolio of patents aiming to legitimize TCM therapies with rigorous scientific claims.
Key Related Patents in China
The landscape features numerous patents relevant to herbal extraction methods, formulations, and TCM applications in cancer:
- Chinese herbal extraction patents often focus on specific solvents, extraction parameters, or novel combinations.
- Oncology-related TCM patents tend to claim formulations with proven or purported anti-tumor activity, often referencing differential mechanisms like apoptosis induction or immune modulation.
Patent Family and Continuations
The patent’s applicant has lodged related patents in China and internationally, with some family members focusing on different herbal combinations, delivery systems, or application claims—indicating strategic expansion.
Legal Status and Enforcement
As of the latest data, CN105597204 remains granted, with no reported opposition irregularities. Its enforceability hinges on the claim specificity and prior art searches to establish novelty.
Competitive Positioning
Given the breadth of Chinese herbal medicine patents, CN105597204's strength lies in its specific extraction processes and detailed ratios. This gives a competitive advantage in defending against generic or alternative formulations, provided infringement occurs within its claim scope.
Implications for Stakeholders
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Pharmaceutical Developers:
The patent underscores the importance of process-specific claims in herbal medicines. Innovation in extraction techniques and formulation can create robust patent barriers.
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Patent Attorneys and Strategists:
Emphasizing detailed parameters and unique herbal combinations enhances patent defensibility. Future filings should consider the evolving landscape of similar claims to craft comprehensive patent portfolios.
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Market Entry and Licensing:
The patent provides a platform for licensing within China, potentially expanding to other jurisdictions if aligned with global patent filings.
Key Takeaways
- Patent CN105597204 sharpens its legal scope by detailing specific herbal ratios and extraction methods, making it a targeted patent within China's burgeoning herbal medicine IP landscape.
- Its strategic value lies in protecting a unique preparation process for anticancer herbal formulations, offering a competitive moat in a crowded TCM patent space.
- The scope’s narrowness necessitates vigilant monitoring of emerging patents with similar process claims to avoid infringement and maintain freedom to operate.
- For innovators, combining detailed technical claims with broader therapeutic claims enhances patent robustness and commercial value.
- The landscape indicates significant competition and ongoing patent filings in Chinese oncology-related herbal medicine, emphasizing continuous innovation and strategic patent positioning.
FAQs
1. What are the core innovative aspects of CN105597204?
The patent’s core innovations involve specific herbal combinations, ratios, and extraction processes tailored for anticancer efficacy, providing a novel preparation method distinguishable from prior art.
2. How broad is the patent’s protection scope?
Protection is confined to the detailed process parameters, herbal ratios, and formulation specifics outlined in the claims. Variations outside these, such as alternative extraction techniques or herbal proportions, may not infringe.
3. How does this patent fit within China’s TCM patent landscape?
It exemplifies China’s strategic focus on protecting proprietary herbal medicines with scientifically defined processes, contributing to the national goal of integrating TCM with modern pharmaceuticals.
4. Can this patent be enforced internationally?
While primarily a Chinese patent, its claims can inform filings in other jurisdictions via PCT or national applications, but direct enforcement is limited to China unless counterparts are filed.
5. What are the risks of patent invalidation?
Prior art in herbal extraction or formulations that predates the patent’s filing date, or lack of novelty or inventive step, could threaten validity. Continuous monitoring of existing patents and publications is necessary.
References
- China National Intellectual Property Administration (CNIPA). Patent CN105597204, “Method for producing Chinese Herbal Medicine for Treating Cancer,” filed by [Applicant], 2016.
- Wang, L., et al. “Innovation trends in Chinese herbal medicine patents for cancer treatment.” Journal of Traditional Chinese Medicine, 2022.
- Zhang, Y., et al. “Patent landscape analysis of TCM in oncology.” Patent Journal, 2021.
In conclusion, CN105597204 provides a meticulously crafted patent exclusive to specific extraction and formulation methods targeting cancer therapies in TCM. Its narrow scope emphasizes the evolving sophistication of Chinese herbal medicine patents and underscores the importance of precise technical claim drafting in securing commercial IP rights within a competitive landscape.
