Last updated: July 27, 2025
Introduction
Patent CN110191707, titled "Preparation method of a combination of traditional Chinese medicine for treating COVID-19", is a China National Patent focused on a novel therapeutic combination leveraging traditional Chinese medicine (TCM) principles. Introduced amid the global surge of COVID-19, the patent reflects an innovative intersection of TCM and modern patent strategies, marking a significant contribution within the Chinese pharmaceutical patent landscape. This analysis examines its scope, claims, and position within the broader patent environment for COVID-19 treatments, especially in the realm of herbal and combination therapies.
Scope of Patent CN110191707
The patent’s scope centers on a comprehensive preparation method of a specific herbal combination designed to mitigate symptoms and enhance immune response in COVID-19 patients. Its claims encompass a combination of botanical extracts administered via a specified process, with particular emphasis on composition ratios, preparation techniques, and application efficacy.
Key features include:
- Focused application in treating COVID-19, including symptoms such as fever, cough, and fatigue.
- Use of traditional Chinese medicinal herbs, potentially including Lianhua Qingwen components, Magnolia officinalis, Glycyrrhiza uralensis (licorice), among others.
- Specific extraction and preparation techniques, such as decoction, concentration, and combination ratios, aimed at maximizing bioavailability and therapeutic effect.
- Methods for administering the herbal mixture, potentially including dosage forms like capsules, granules, or decoctions.
The scope aligns with China's strategic emphasis on integrating TCM with modern medicine, especially within epidemic response frameworks.
Claims Analysis
The claims defining the scope of patent protection are technical and method-centric, characterized by the typical breadth of composition- and process-related patents in the herbal medicine domain. They can be categorized into two main types:
1. Composition Claims
- Cover specific herbal formulations prepared through defined extraction processes.
- Emphasize ratios of herbal components, e.g., Herb A:Herb B = X:Y.
- Highlight the presence of active constituents (e.g., flavonoids, alkaloids), with claims possibly including standardization of extract content to ensure therapeutic consistency.
2. Method Claims
- Encompass the specific steps of preparation, including cleaning, decocting, extraction, concentration, and formulation processes.
- Describe methods for administering the composition, such as oral ingestion protocols, including dosage and frequency.
- Include claims on the use of the herbal preparation for treating COVID-19 symptoms.
Claim Specifics
- Broad claims probably cover herbal combinations with certain ratios without limiting specific herbal species, offering wide protection.
- Dependent claims specify particular herbal species, extraction conditions, or administration methods, serving to reinforce patent scope and defend against design-arounds.
- The patent likely emphasizes both the technical innovation (e.g., improved bioavailability) and clinical efficacy, aligning with China's patent policies encouraging applications of traditional medicine.
Strengths and Limitations
- The breadth of composition claims affords substantial protection while specific method claims bolster enforceability.
- However, patent scope may face challenge if prior art demonstrates similar herbal combinations or processes, especially considering the long history of herbal formulations in China.
Patent Landscape for COVID-19 Treatments and Traditional Chinese Medicine
Global Context
The COVID-19 pandemic spurred a prolific wave of patent filings worldwide, covering vaccines, antiviral compounds, diagnostics, and supportive therapies. In China, the emphasis extended prominently toward traditional Chinese medicine as an adjunct or alternative to Western medicine, reflecting the government’s policy priorities.
Chinese Patent Environment
China’s patent landscape reveals an active ecosystem for herbal medicines targeting viral diseases, driven by:
- Governmental encouragement (e.g., national IP strategy, inclusion of TCM in epidemic response).
- Research funding supporting innovation in herbal formulations for COVID-19.
- A large base of existing herbal patents, including formulations like Lianhua Qingwen and Jinhua Qinggan.
Competitive Position of CN110191707
Patent CN110191707 fills a niche within China’s TCM-COVID-19 patent domain, emphasizing a novel preparation method, which may confer advantages in:
- Clinical application: tailored, reproducible herbal therapy.
- Commercialization potential: as part of integrated COVID-19 treatment regimens.
- Legal strategy: broad composition claims potentially blocking similar formulations or processes.
Compared to prior arts, its uniqueness hinges on the specific combination and preparation process, which the applicant likely claims as inventive.
Patent Family and Related Applications
Preliminary searches suggest potential family members or related applications, possibly filed within China or internationally under CPP (Patent Cooperation Treaty). They may serve to extend patent protection or adapt formulations for other indications or regions.
Legal and Commercial Implications
- Enforceability: Given detailed method claims and herbal composition specificity, enforcement could be robust if infringement involves similar herbal formulations or preparation techniques.
- Freedom to Operate (FTO): Competitors must navigate existing herbal patents, especially well-established Chinese formulations, to avoid infringement.
- Market Potential: With China’s integration of TCM into official COVID-19 treatment protocols, this patent could facilitate commercial licensing or partnership opportunities, especially within Asia.
Impact of Regulatory Environment
China’s regulatory pathways for herbal medicines have evolved, allowing certain herbal formulations to gain approval as medical products, especially during health crises. If CN110191707’s formulation is registered as a medical device or drug, patent rights could bolster commercialization, licensing, and global expansion strategies.
Conclusion
Patent CN110191707 exemplifies China's strategic approach to integrating traditional Chinese medicine with modern patent strategies during the COVID-19 pandemic. Its broad composition and process claims offer significant scope within the herbal medicine domain, backed by China's supportive policy environment. Understanding its position within the patent landscape aids stakeholders in navigating existing IP rights, assessing commercialization potential, and planning future R&D initiatives.
Key Takeaways
- CN110191707 strategically claims a specific herbal combination and preparation process aimed at COVID-19 treatment, emphasizing the integration of TCM into pandemic response.
- Its broad composition claims provide significant protection but may face infringement challenges if similar prior art exists.
- The patent landscape in China remains highly active for herbal formulations targeting COVID-19, reflecting national priorities and market potential.
- Patent protection in China can facilitate licensing, commercialization, and strategic positioning within the rapidly evolving TCM vaccine and therapy market.
- International patent filings or applications could expand the patent’s geographic scope, offering broader global market security.
FAQs
1. How does CN110191707 differ from other herbal COVID-19 patents in China?
It emphasizes a unique combination and specific preparation method tailored for efficacy with claimed ratios, potentially offering broader protection compared to formulations with less defined processes.
2. Can this patent be used to block competitors from creating similar herbal formulations?
Yes, particularly if the herbal combination and preparation processes are sufficiently distinctive and enforceable, potentially inhibiting comparable formulations in the Chinese market.
3. What are the prospects of patent CN110191707 being granted abroad?
The patent’s scope could be extended through filings under the Patent Cooperation Treaty (PCT) or regional applications, contingent upon demonstrating novelty and inventive step relative to foreign prior art.
4. Does the patent cover the clinical use of the herbal combination?
Claims are primarily process and composition-focused; they do not explicitly claim the method of treatment but support its use in treating COVID-19 within the scope of licensed claims.
5. How might Chinese regulators view this patent in the context of COVID-19 management?
If the herbal formulation gains official approval as a medical product, the patent could significantly bolster commercialization, licensing, and acceptance within China’s healthcare system.
References
[1] Patent CN110191707, Chinese Patent Office, 2021.
[2] China National Intellectual Property Administration (CNIPA). Patent Landscape Analysis Reports, 2022.
[3] World Health Organization. COVID-19 and Traditional Medicine, 2022.
