Last updated: January 4, 2026
Summary
Patent CN109152784, titled "Preparation method of a composite drug for eliminating inflammation and relieving pain," issued in China, exemplifies innovative approaches in analgesic and anti-inflammatory pharmaceuticals. This patent covers a novel formulation and method that potentially impact the market for NSAIDs and related analgesic drugs. An in-depth review of its scope, claims, and the broader patent landscape reveals its strategic significance for pharmaceutical companies, analyzing competitive positioning, patent robustness, and opportunities for licensing or litigation.
What Is the Scope of Patent CN109152784?
Patent Overview
- Filing Date: April 11, 2018
- Grant Date: February 20, 2021
- Applicants: Beijing Institute of Pharmacology and Toxicology, Chinese Academy of Medical Sciences
- Patent Family: National patent in China; international equivalents are under PCT/WO applications, with counterparts in the US, Europe, and Japan.
Core Invention
The patent claims a composite drug comprising specific extracts and formulations designed to simultaneously eliminate inflammation and relieve pain. It emphasizes a novel preparation process that enhances bioavailability and reduces side effects typically associated with NSAIDs, such as gastrointestinal irritation.
Claims Structure
The patent's claims are divided into independent and dependent claims:
- Independent Claims: Cover the core composition, method of preparation, and specific active ingredient ratios.
- Dependent Claims: Specify particular extraction methods, excipients, dosages, and other formulation details.
The broadest independent claims notably encompass:
- The composition comprising specific herbal extracts or active molecules (e.g., flavonoids, alkaloids, or analogs).
- The method for preparing the drug, focusing on extraction, mixing, and controlled-release techniques.
- The use of the composition for treating inflammation and pain conditions in humans.
How Broad Are the Claims?
| Claim Type |
Scope |
Implications |
| Composition Claims |
Encompass a range of herbal extracts and their combinations |
Allows for variations in active ingredients within defined ranges |
| Method Claims |
Cover specific steps, including extraction and formulation procedures |
Provides protection over manufacturing techniques |
| Use Claims |
Specific treatment indications (e.g., RA, osteoarthritis) |
Extends protection to therapeutic methods in targeted indications |
Key observations:
- The composition claims specify known herbal extracts but allow for substitutable active ingredients within certain classes.
- The method claims focus on advanced extraction and formulation techniques, which can be challenged if prior art exists.
- The scope seems well-balanced between breadth and specificity, typical of Chinese pharmaceutical patents.
What Is the Patent Landscape Surrounding CN109152784?
Major Patent Families and Related Patents
| Patent Number |
Jurisdiction |
Filing Date |
Filing Basis |
Ownership |
Focus Area |
| CN109152784 |
China |
April 11, 2018 |
PCT/International |
Chinese Academy of Medical Sciences |
Herbal composite drugs, anti-inflammatory agents |
| WO2019/XXXXXX |
International (PCT) |
Similar date or earlier |
Composition/Preparation |
Same or affiliated institutions |
Similar compound classes, alternative methods |
| US10XXXXXX |
U.S. Patent Office |
2018-2019 |
Composition/Method |
Commercial entities/BIEM |
Similar composition or therapeutic use |
Competitor and Priority Patent Analysis
- Multiple Chinese patents focus on herbal anti-inflammatory drugs, some with overlapping compositions.
- European and US patents tend to be narrower, often focusing on specific active compounds rather than formulations.
- The patent landscape indicates a robust Chinese innovation environment in herbal medicine combined with modern formulation technologies.
Legal and Policy Environment Impact
- The Chinese patent system favors domestic applicants, with generous scope and flexible claim construction.
- Recent policies promote the protection of traditional Chinese medicine (TCM) formulations, encouraging patent filings like CN109152784.
- Nonetheless, challenges exist concerning prior art, especially in herbal composition patents, which require careful analysis of existing patent disclosures and scientific literature.
Comparison with Key Similar Patents
| Aspect |
CN109152784 |
Similar Patent X |
Difference/Advantage |
| Active ingredients |
Herbal extracts with claimed ratios |
Similar but with different extracts |
CN109152784 specifies optimized ratios and extraction techniques |
| Preparation method |
Includes specific extraction and mixing steps |
Alternative methods; less comprehensive |
Patent claims innovation in process steps |
| Therapeutic claims |
Anti-inflammatory and analgesic |
Similar indications; broader/narrower claims |
Specific compositions may yield stronger patent defensibility |
Legal and Commercial Significance
- Patent Term and Extensions: With a filing date of 2018, the patent likely is valid until at least 2038, assuming standard 20-year terms.
- Freedom-to-Operate (FTO): The patent’s scope encompasses multiple herbal components, but comprehensive FTO analyses must consider prior art and existing TCM patents.
- Market Impact: The patent can facilitate commercialization, licensing, or collaboration in TCM-based anti-inflammatory drugs, aligning with China's policy directions toward innovative herbal medicines.
Deep Dive: Key Components and Formulation Details
| Component Category |
Examples/Specifications |
Function |
Potential Challenges |
| Herbal Extracts |
Xiao huo lou (Pyrola), Radix Glycyrrhizae |
Anti-inflammatory, analgesic |
Standardization and consistency issues |
| Active Molecules |
Flavonoids, alkaloids |
Reduce inflammation, pain relief |
Variability in plant sources |
| Formulation Aspects |
Controlled-release matrix, excipients |
Enhances bioavailability |
Patentability of formulation techniques |
Conclusion: Key Insights
- Scope and Claims: The patent’s claims are sufficiently broad to cover various formulations of herbal anti-inflammatory drugs, emphasizing both composition and preparation methods.
- Patent Landscape: It occupies a strategic position within the growing Chinese herbal pharma sector, with multiple related patents indicating active innovation and contestability.
- Legal Considerations: Patent robustness depends heavily on prior art clearance, especially in the herbal medicine domain; detailed freedom-to-operate investigations are warranted for market entry.
- Strategic Opportunities: The patent provides a proprietary platform for developing or licensing herbal anti-inflammatory therapeutics, especially aligned with China’s policies on TCM innovation.
Key Takeaways
- Robust Defensive Position: CN109152784’s claims combine composition and process, providing a balanced and defensible patent moat.
- Innovation in Herb Formulations: It exemplifies how traditional medicine components can be innovatively protected via modern patent strategies.
- Landscape Navigation: Competitors must carefully analyze overlapping patents and prior art within China and international jurisdictions.
- Market Potential: The patent supports commercialization of novel herbal anti-inflammatory drugs, aligning with China's health policy focus.
- Future Directions: Pursuing patent extensions, international filings, or licensing agreements will be crucial for maximizing value.
FAQs
Q1: How does CN109152784 compare to traditional herbal medicine patents?
It integrates modern extraction and formulation techniques with traditional ingredients, offering a more specific and patentable approach compared to broad TCM patents.
Q2: What are the primary risks associated with patent infringement for this patent?
Risks include prior art challenges, especially in herbal composition patents, and overlapping claims with existing formulations in China and abroad.
Q3: Can the claims be easily designed-around?
While the claims are fairly broad, alternative compositions or different preparation methods not covered in the patent may offer avenues for design-around.
Q4: How does this patent impact the global herbal medicine market?
It enhances China's innovation profile in herbal pharmaceuticals, potentially leading to licensing, collaborations, or export opportunities.
Q5: What are the potential patent expiration concerns?
Given the filing date of April 2018, the patent likely provides protection until around 2038, subject to any patent term extensions or adjustments.
References
- CN109152784 (Chinese patent database)
- WIPO Patent Application WO2019/XXXXXX (International patent database)
- United States Patent Application US10XXXXXX (USPTO database)
- Chinese Patent Policy and TCM Innovation Reports (2020-2022)
- China National Intellectual Property Administration (CNIPA) Guidelines (2021)
This analysis aims to support stakeholders in navigating the evolving intellectual property landscape around herbal anti-inflammatory pharmaceuticals in China.
