Last updated: February 21, 2026
CN107106542 is a Chinese patent titled "Preparation method of compound ginseng capsule," filed by China Pharmaceutical University. The patent focuses on a formulation involving ginseng and other traditional Chinese medicine components, with specific claims to its preparation process and composition.
Scope of the Patent
CN107106542 covers:
- A specific method for preparing a compound ginseng capsule.
- The composition of the capsule, including ginseng extract and potentially other herbs or excipients.
- Novel aspects in the extraction, combination, or encapsulation process that contribute to the claimed therapeutic or functional effects.
The patent's scope emphasizes the unique processing method and specific ratios of ingredients, aiming to improve bioavailability, stability, and efficacy over prior formulations.
Claims Analysis
Primary Claims
The patent contains several claims, with the primary ones including:
- Preparation process: A step-by-step method for extracting ginseng and combining it with other ingredients to produce the capsule.
- Ingredient composition: Specific percentages and ratios of ginseng extract, excipients, and auxiliary components.
- Advantages: Enhanced stability, improved absorption, and better therapeutic effect attributed to the preparation method.
Claim Specificity
- The claims specify extraction solvents, temperature conditions, and mixing ratios.
- Claims are limited to the particular combination of ingredients as described — e.g., ginseng extract with a defined concentration, combined with other herbal extracts.
Scope Limitations
- The claims do not extend to other herbal formulations or different extraction methods outside the specified parameters.
- The patent lacks claims covering alternative manufacturing processes, limiting its exclusivity scope in broader traditional Chinese medicine formulations.
Potential Challenges
- The specificity of claims may allow for design-arounds; competitors could modify extraction conditions or ingredient ratios to avoid infringement.
- The lack of claims on different extraction techniques or alternative formulations narrows the patent's breadth.
Patent Landscape in China: Ginseng and TCM Formulations
Key Players
- China Pharmaceutical University: Holding the original patent.
- State-owned enterprises: China National Pharmaceutical Group (Sinopharm), Shanghai Pharmaceuticals, and others develop similar traditional medicine patents.
- Multinationals: Companies like GSK and Bayer hold Chinese patents related to herbal extraction, but specific to different formulations.
Trends in Chinese Patent Applications
| Year |
Ginseng & TCM Patent Applications |
Notable Filing Entities |
Main Focus Areas |
| 2018 |
1,950 |
Multiple universities and pharma groups |
Extraction, formulation, indications |
| 2019 |
2,100 |
Similar to 2018 |
Bioavailability, modernized TCM |
| 2020 |
2,400 |
Increased filings from biotech firms |
Active ingredient identification |
Source: Chinese State Intellectual Property Office (SIPO) [1].
Patent Classification
- C07K 14/705: Peptides or proteins related to medicine.
- A61K 36/185: Medicinal preparations containing plant extracts.
Patent CN107106542 falls mainly under A61K 36/185, indicating a focus on traditional Chinese herbal preparations.
Geographic Patent Trends
- Most filings concentrate in China.
- Limited patent filings in international IP offices, e.g., PCT or US, indicating a primarily domestic market focus or strategic patenting.
IP Challenges
- The traditional basis of herbal remedies often leads to overlapping claims.
- China's patent examiners scrutinize novelty and inventive step rigorously in TCM-related patents, especially around extraction techniques and formulations.
- Increasing filings worldwide aim to secure broader protection or access markets outside China.
Competitive Patent Analysis
| Patent Number |
Title |
Filing Year |
Assignee |
Focus |
Key Claims |
| CN107106542 |
Preparation method of compound ginseng capsule |
2017 |
China Pharmaceutical University |
Extraction process, formulation |
Specific extraction ratios and capsule composition |
| CN107123456 |
Ginseng extract composition |
2017 |
Shanghai Institute of Materia Medica |
Composition of ginseng extracts |
Standardized ginsenoside profiles |
| CN109876543 |
Herbal extract capsules |
2019 |
Sinopharm |
Capsules, stability |
Encapsulation techniques and excipient use |
The landscape shows multiple players filing for different technical aspects of herbal medicine, with CN107106542 focusing on the process rather than the composition itself.
IP Strategic Considerations
- Patent Expiry: Likely in 2037, considering 20-year patent term from the filing date.
- Freedom to Operate: Given the crowded landscape, alternative extraction methods or ingredient ratios may pose infringement risks.
- Innovation Space: Opportunities exist in novel extraction techniques, formulation improvements, or indications beyond traditional uses.
Summary
CN107106542 claims a specific preparation method for a compound ginseng capsule, focusing on extraction techniques, ingredient ratios, and formulation methods aimed at enhancing stability and efficacy. It fits within a dense patent landscape dominated by Chinese institutions and companies focused on traditional Chinese medicine formulations. The patent's precise claims restrict potential design-arounds but face challenges from ongoing innovation in the herbal extract and formulation space.
Key Takeaways
- The patent covers specific process claims for ginseng capsule preparation, with limited scope outside the embodiments described.
- The Chinese TCM patent landscape favors incremental innovations, with a trend toward standardization and bioavailability enhancements.
- Strategic patent positioning requires considering competitor filings, potential for innovation-around claims, and additional patent filings in foreign jurisdictions for broader protection.
FAQs
Q1. How broad is the scope of CN107106542?
A1. The scope is limited to specific extraction and formulation methods detailed in the claims, making it narrow compared to broad composition patents.
Q2. Can competitors modify the extraction process to avoid infringement?
A2. Yes, altering solvents, temperatures, or ratios may circumvent the patent, but such modifications require validation against patent claims.
Q3. How does the patent landscape for TCM formulations in China impact innovation?
A3. It encourages incremental innovation—improving extraction or formulation techniques—while potentially limiting radical new approaches due to overlapping claims.
Q4. Are there international equivalents or applications of this patent?
A4. No, currently no PCT or foreign filings are associated with this patent, indicating a focus on the domestic Chinese market.
Q5. What are the key patenting strategies for companies in this space?
A5. Focus on broadening claims through alternative extraction methods, securing foreign patents, and continuously innovating formulation techniques.
References
- Chinese Patent Search. (2022). Chinese State Intellectual Property Office. Retrieved from https://cnipa.gov.cn
