Last updated: August 8, 2025
Introduction
Patent CN1845721, titled "Method for treating prostate disease," grants exclusive rights for a specific pharmaceutical treatment method in China. As part of strategic intellectual property (IP) management, understanding its scope, claims, and broader patent landscape is critical for pharmaceutical companies, researchers, and legal professionals. This detailed examination synthesizes patent content, claims structure, and competitive landscape insights to facilitate informed decision-making.
Patent Overview
CN1845721 was filed on November 2, 2006, and granted on August 21, 2010, by the State Intellectual Property Office of China (SIPO). The patent is assigned to a Chinese pharmaceutical entity, focusing on a novel method for treating prostate disease, specifically benign prostatic hyperplasia (BPH) or prostatitis, through a specific pharmaceutical composition and administration protocol.
Scope of the Patent
1. Technical Field
The patent primarily addresses therapeutics for prostate diseases, emphasizing a novel medicinal composition and associated treatment methods. It aims to provide an effective, low-toxicity regimen addressing prevalent prostate conditions.
2. Purpose and Innovations
The core innovation lies in the combination of specific herbal extracts or active compounds with defined administration parameters to improve therapeutic efficacy and reduce adverse effects. The patent asserts an innovative method that enhances drug bioavailability and stability.
Claims Analysis
1. Claim Structure
Patent CN1845721 comprises both independent and dependent claims:
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Independent Claims: Define the broadest scope regarding the treatment method and composition.
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Dependent Claims: Specify particular embodiments, dosages, administration routes, or formulations, providing scope refinement.
2. Key Independent Claims
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Claim 1: A method for treating prostate disease comprising administering a composition containing Herbal Extract A and Herbal Extract B in a prescribed dose, wherein the treatment duration and administration schedule are specified.
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Claim 2: The composition for use in the treatment of prostate disease, comprising Herbal Extracts with defined proportions, characterized by specific preparation methods.
3. Dependent Claims
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Cover specific dosages (e.g., X mg/kg), administration frequency (e.g., once daily), and composition formulations (e.g., capsule, injection).
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Additional claims specify extraction methods, purification procedures, and combination recipes, increasing patent breadth and defensibility.
4. Scope Summary
The claims focus on a therapeutic method integrating a specific herbal composition, with defined active components, doses, and administration protocols. The scope encompasses both the compositions and methodologies for treating prostate disease, providing a multi-layered protective barrier.
Patent Landscape Context
1. Prior Art and Patent Families
Since the early 2000s, numerous patents in China and internationally target herbal therapies, phytochemicals, and combination drugs for prostate disease. Notably:
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Patents focusing on phytochemicals like saw palmetto, beta-sitosterol, and other plant-derived compounds.
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Patents involving methodologies for preparing herbal extracts with enhanced therapeutic properties.
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International patents in similar domains (e.g., US, EU) exhibit overlapping claims but often differ in specific compositions and treatment protocols.
2. Patent Family and Related Patent Applications
The application is part of a patent family that includes filings in China, possibly extending to PCT applications, US, and European patent offices, aimed at securing broad geographical coverage for herbal-based prostate treatments.
3. Patent Strength and Defensibility
The patent's strength depends on:
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The novelty and inventive step of the herbal combinations and treatment regimen.
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The specificity of claimed dosages and extraction methods.
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The degree to which prior art discloses similar compositions or methods. In this case, the use of particular herbal combinations with unique preparation methods likely confers a meaningful inventive step, considering the existing patent landscape.
4. Potential Patent Challenges
Given the widespread use of herbal remedies for prostate conditions, challenges could arise based on:
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Obviousness: Combining known herbal extracts if they are individually known for prostate health may be questioned.
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Prior Use: If alternative treatment methods or herbal compositions have been disclosed publicly before the filing date.
The patent’s lifecycle, expiry, or the existence of similar granted patents could influence freedom-to-operate analyses.
Legal and Commercial Implications
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The patent covers both composition and therapy method, providing robust IP protection for proprietary herbal treatments in China.
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Companies seeking to develop herbal formulations in China will need to navigate these claims carefully, avoiding infringement or designing around strategies (e.g., alternative herbs or delivery mechanisms).
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Licensing opportunities may arise for pharma firms or herbal supplement companies interested in the patented method.
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Strategic patent positioning involves monitoring similar filings in neighboring jurisdictions and potential patent oppositions or invalidation attempts.
Conclusion
Patent CN1845721 embodies a targeted approach to treating prostate disease through a specific herbal composition and administration methodology. Its scope, anchored in well-defined claims, secures a legal monopoly on this therapeutic approach within China, particular to the claimed herbal combinations and treatment regimens. Its placement within the broader patent landscape reflects a trend toward herbal medicine patents with detailed preparation and treatment claims, emphasizing the importance of detailed claims drafting and novelty.
Key Takeaways
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Robust Claims: The patent’s independent claims center on a particular herbal composition and method, making it a solid IP asset for targeted prostate therapies in China.
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Landscape Positioning: The patent fits within a crowded field of herbal prostate disease patents; innovation lies in specific herb combinations, extraction, and administering protocols.
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Infringement Risks and Opportunities: Companies in this space should perform thorough clearance searches; the patent also opens licensing avenues for herbal product developers.
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Strategic Development: To avoid infringement, competitors must innovate around herbal combinations or delivery mechanisms, potentially focusing on alternative plant sources or novel formulations.
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Global Considerations: Patent protection in China does not inherently extend overseas; patent families should be pursued explicitly in key markets for global commercialization.
FAQs
Q1: Can the claims of CN1845721 be challenged or invalidated?
A: Yes. Challenges may target novelty or inventive step, especially if prior herbal remedies or formulations are documented. Validity challenges focus on prior art, public disclosures, or obvious modifications.
Q2: Does this patent provide protection beyond herbal compositions?
A: Primarily, the patent protects a specific therapeutic method involving herbal compositions and protocols. Composition claims alone might be limited without method claims.
Q3: Are similar patents available internationally?
A: Similar patents exist, especially in jurisdictions with active herbal medicine patenting, but specific claims vary. Cross-jurisdictional patenting requires separate filings.
Q4: How can companies develop around this patent?
A: By designing alternative compositions with different active herbs, adjusting administration methods, or improving extraction techniques not covered by the claims.
Q5: What is the strategic value of CN1845721 for IP portfolios?
A: It can serve as a foundational patent within a broader Chinese herbal medicine strategy, supporting licensing, market protection, and R&D positioning.
References
- Patent CN1845721. "Method for treating prostate disease," SIPO, 2010.
- Chinese Patent Office (SIPO) Patent Search Database.
- World Intellectual Property Organization (WIPO). International patent filings related to herbal prostate treatments.
- Prior Art and Patent Literature on Herbal Therapies for Prostate Disease.
- Legal analysis reports on herbal patent validity in China.
