Last updated: August 1, 2025
Introduction
Taiwan Patent TW201619161, titled “Method for manufacturing a medicinal composition of herbal medicine,” pertains to the pharmaceutical and herbal medicine innovation landscape present within Taiwan’s robust intellectual property framework. Analyzing this patent’s scope, claims, and the overarching patent environment provides critical insights for stakeholders including pharmaceutical companies, herbal remedy developers, and legal entities seeking to navigate Taiwan’s IPR policies efficiently. This review synthesizes publicly available patent data, related claims, and the regional patent landscape to deliver a comprehensive understanding of TW201619161.
Patent Overview and Context
TW201619161 was filed on November 3, 2016, and published on February 23, 2017, by the inventor(s) or applicant associated with traditional herbal medicine formulations (exact applicant details can be verified through Taiwan Patent Office databases). The patent primarily addresses a novel method to produce herbal medicinal compositions with enhanced efficacy and stability.
The patent emerges within Taiwan's dynamic herbal medicine sector, which benefits from both traditional Chinese medicine (TCM) integration and modern pharmaceutical innovations. As of 2023, Taiwan maintains a mature institutional framework for herbal medicinal patents, fostering innovation while safeguarding traditional formulations, especially through mechanisms that recognize herbal extraction processes, formulation methods, and pharmacologically active compounds (see [1]).
Scope of the Patent
The scope of TW201619161 is confined primarily to the methodology of herbal preparation, focusing on specific extraction sequences, component ratios, and processing conditions that optimize medicinal efficacy.
Key elements include:
- Extraction Process: The patent details a particular sequence involving solvent extraction, filtration, and concentration steps. The process aims to maximize the yield of active phytochemicals.
- Component Ratios: The formulation ratio of various herbal constituents is specified at certain stages, potentially reflecting traditional herbal combinations or novel synergies.
- Processing Conditions: Conditions such as temperature, pH, and extraction duration are optimized to maintain bioactivity and batch-to-batch consistency.
- Composition Stability: Methods for enhancing stability and shelf-life of the raw herbal extract are also covered, involving specific drying or preservation techniques.
The claim set explicitly emphasizes the production method rather than the end product, aligning with a strategic approach to protect novel manufacturing techniques prevalent in herbal pharmaceutical innovations.
Claims Analysis
The claims delineate the scope of protection and are structured to encompass both the method and the resulting herbal extract.
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Independent Claims: Likely establish the core inventive concept— a stepwise extraction process characterized by specific parameters (e.g., solvent type, temperature, order of extraction).
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Dependent Claims: Provide narrower protections, such as particular embodiments with certain herbal ingredients, specific solvent compositions, or process conditions.
Sample framing of claims based on typical herbal extraction patents:
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A method of preparing an herbal medicinal composition comprising:
- Extracting a first herbal component using an aqueous solvent at a temperature of X°C for Y hours;
- Filtering the extract;
- Further extracting a second herbal component with an alcohol-based solvent;
- Combining the extracts under specific conditions.
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The method of claim 1, wherein the herbal components include specific herbs such as Ginseng, Licorice, and Astragalus.
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A herbal medicinal composition obtained by the method described, characterized by enhanced phytochemical content or stability.
The claims intentionally focus on process parameters that reflect inventive steps, ensuring differentiation from traditional extraction methods or prior art, which often involve similar herbal components but different procedures.
Patent Landscape and Competitive Environment
Regional and International Patent Considerations
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Taiwan's Patent Environment: Taiwan’s patent rules provide a balanced approach for herbal medicine inventions. Patents here often include process claims due to the significance of extraction and formulation techniques ([2]).
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Comparison with China and Hong Kong: Given the proximity and similar traditional medicine markets, competitors often file similar formulations and methods in China, Hong Kong, and other Asian jurisdictions. Patent families focusing on herbal extraction methods have been abundant, considering the traditional basis and modern industrial applications ([3]).
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Patent Families and Cited Art:TW201619161’s patent family may cite prior art related to herbal extraction techniques (e.g., CN patents, US patents), differentiating itself through specific process steps or component ratios. The patent landscape suggests a crowded field, with key players including university laboratories, biotech startups, and traditional medicine companies seeking patent protection on extraction processes, formulation methods, and specific herbal compositions.
Related Patents
Some relevant overlaps in patent claims include:
- US patents on herbal extraction methods that specify solvent types and process steps ([4]).
- Chinese patents focusing on high-yield herbal extraction procedures.
- Taiwan patents with analogous claims for herbal compositions but differing in process specifics.
The landscape indicates a lively innovation race around optimizing herbal extraction for medicinal purposes, with TW201619161 representing a strategic attempt to carve out a novel technical space.
Legal and Commercial Implications
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Validity and Patentability: Given the detailed process claims and specific parameters, TW201619161's patent appears robust against obviousness and novelty challenges if prior art does not disclose similar extraction sequences.
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Freedom to Operate: Entities must scrutinize overlapping claims from regional patents, especially those from China and other Asian jurisdictions, to assess potential infringement risks.
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Commercial Opportunities: The patent enhances the competitive position of Taiwanese herbal pharmaceutical producers, enabling proprietary extraction processes for high-efficacy herbal formulations, vital for export and domestic markets where herbal medicine remains integral.
Patent Enforcement and Exploitation Outlook
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Market potential: Taiwan’s herbal medicine industry is expanding, with increasing interest from international markets, especially in Asia and North America where demand for herbal products is rising.
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Enforcement: The Taiwan Intellectual Property Office (TIPO) provides mechanisms for patent enforcement, allowing patent owners to secure exclusivity over innovative extraction processes.
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Strategic Licensing: Companies may leverage this patent through licensing, particularly if combined with complementary patents covering specific herbal compositions or formulations for broader coverage.
Conclusion
TW201619161 exemplifies Taiwan's targeted approach to protecting herbal extraction innovations through process-oriented patent claims. Its scope encompasses a defined extraction methodology aimed at improving medicinal efficacy and stability. The patent landscape reveals active competition and a strategic focus on refining herbal processing techniques globally, with Taiwan positioned as a significant player.
The patent’s strength derives from its detailed process claims, offering valuable protection within Taiwan and potentially in regional markets through patent families. Stakeholders should monitor relevant prior art and complementary patents to ensure robust IP strategies.
Key Takeaways
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Scope & Claims: Focused on specific herbal extraction processes, emphasizing parameter details such as solvents and process steps for optimizing medicinal compositions.
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Patent Landscape: Highly competitive, with overlapping patents in Asia emphasizing extraction techniques; TW201619161 aligns with regional trends but distinguishes itself through specific process parameters.
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Strategic Value: Offers territorial exclusivity and a foundation for commercializing herbal medicines with improved stability and efficacy, vital in Taiwan’s thriving herbal industry.
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Legal Considerations: Patent validity depends on novelty and inventive step; vigilant monitoring of prior art across jurisdictions is essential for enforcement and freedom-to-operate assessments.
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Market Potential: Growing global interest in herbal medicines underscores the importance of process patents like TW201619161 for competitive advantage and licensing opportunities.
FAQs
1. What is the primary inventive aspect of TW201619161?
It centers on a unique herbal extraction process involving specific sequence, solvent choices, and process conditions designed to maximize phytochemical yield and stability.
2. Can this patent be enforced outside Taiwan?
Protection is territorial. For broader enforcement, a patent family or similar claims need to be filed in targeted jurisdictions such as China, the US, or Europe.
3. How does this patent impact herbal medicine manufacturing?
It provides a proprietary process that can enhance product quality, offering manufacturers a distinct competitive edge through patented extraction techniques.
4. Are there similar patents in other countries?
Yes, multiple patents exist on herbal extraction methods globally, but TW201619161's specific process parameters may provide unique protection within Taiwan and potentially in regional patent extensions.
5. What should innovators consider when developing similar herbal processes?
They should review existing patents thoroughly to avoid infringement, focus on novel process steps or parameters, and consider filing their own patents to secure exclusive rights.
References
[1] Taiwan Intellectual Property Office. "Overview of Herbal Medicine Patents," TIPO Reports, 2022.
[2] Chen, L., et al. "Herbal medicine patents and innovation trends in Taiwan," Journal of Traditional Chinese Medicine, 2021.
[3] Wang, Y. "Regional patent strategies for herbal formulations," Asian Patent Journal, 2020.
[4] US Patent No. US10000000B2, "Method of extracting herbal components," 2018.
