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Scope of claim coverage in patents of fufang Chinese herbal drugs: Substitution of ingredients

Overview of attention for article published in Chinese Medicine, January 2011
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Title
Scope of claim coverage in patents of fufang Chinese herbal drugs: Substitution of ingredients
Published in
Chinese Medicine, January 2011
DOI 10.1186/1749-8546-6-30
Pubmed ID
Authors

Xinsheng Wang, Jiaher Tian, Albert Chan

Abstract

Herbal ingredients in a Chinese fufang prescription are often replaced by one or several other herbal combinations. As there have been very few Chinese herbal patent infringement cases, it is still unclear how the Doctrine of Equivalents should be applied to determine the scope of 'equivalents' in Chinese fufang prescriptions. Case law principles from cases in other technical areas such as chemical patents and biological drug patents can be borrowed to ascertain a precise scope of a fufang patent. This article summarizes and discusses several chemical and biopharmaceutical patent cases. In cases where a certain herbal ingredient is substituted by another herb or a combination of herbs, accused infringers are likely to relate herbal drug patents to chemical drug patents with strict interpretation whereas patent owners may take advantage of the liberal application of Doctrine of Equivalence in biopharmaceutical patents by analogizing the complex nature of herbal drugs with biological drugs. Therefore, consideration should be given to the purpose of an ingredient in a patent, the qualities when combined with the other ingredients and the intended function. The scope of equivalents also depends on the stage of the prior art. Moreover, it is desirable to disclose any potential substitutes when drafting the application. Claims should be drafted in such a way that all foreseeable modifications are encompassed for the protection of the patent owner's intellectual property.

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The data shown below were compiled from readership statistics for 1 Mendeley reader of this research output. Click here to see the associated Mendeley record.

Geographical breakdown

Country Count As %
Unknown 1 100%

Demographic breakdown

Readers by professional status Count As %
Student > Bachelor 1 100%
Readers by discipline Count As %
Agricultural and Biological Sciences 1 100%

Attention Score in Context

This research output has an Altmetric Attention Score of 1. This is our high-level measure of the quality and quantity of online attention that it has received. This Attention Score, as well as the ranking and number of research outputs shown below, was calculated when the research output was last mentioned on 14 October 2011.
All research outputs
#7,844,973
of 12,502,272 outputs
Outputs from Chinese Medicine
#140
of 280 outputs
Outputs of similar age
#58,152
of 96,232 outputs
Outputs of similar age from Chinese Medicine
#2
of 4 outputs
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So far Altmetric has tracked 280 research outputs from this source. They receive a mean Attention Score of 4.7. This one is in the 37th percentile – i.e., 37% of its peers scored the same or lower than it.
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