PATENTS USING BIOLOGICAL SOURCE MATERIAL - II - RECtlAL PHARMACEUTICAL COMPOSITIONS FOR THE TREATMENT OF PROSTATIC HYPERTROPHY

Aug 25, 2026

Uploaded by Angel

The document discusses patent applications that use biological source materials and explains why information on the country or countries of origin and the traditional uses of those materials may be included. It outlines general practices for specifying origin depending on whether plant extracts are common or rare/exotic, and supports the discussion with patent examples involving plant-derived substances and extracts. The annex further provides detailed description and examples, including rectal pharmaceutical compositions for treating prostatic hypertrophy using Serenoa repens lipid-sterol extracts.

LanguageEnglish

CategoryResearch & Report

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Pages19

Reading Time48 min

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PATENTS USING BIOLOGICAL SOURCE MATERIAL

Plant origin information in patent applications

Rectal pharmaceutical compositions for the treatment of prostatic hypertrophy

Detailed description of the invention

# INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES,TRADITIONAL KNOWLEDGE AND FOLKLORE Second SessionGeneva,December 10 to 14,2001 PATENTS USING BIOLOGICAL SOURCES MATERIAL(I)AND MENTION OF THECOUNTRY OF ORIGIN IN PATENTS USING BIOLOGICAL SOURCE MATERIAL(II) Document submitted by the Delegation of Spain 1. On December 12,2001,the Delegation of Spain submitted to the second session of theIntergovernmental Committee,for distribution,the document UNEP/CBD/COP/4/INF.30,"Patents using biological sources material(I)and mention of the Country of Origin in Patentsusing Biological Source Material(II)"which formed part of the documentation distributed atthe IV COP of the CBD(Bratislava,May,1998). 2. This document is reproduced in the Annex. WIPO/GRTKF/IC/2/15ANNEX | I
PATENTS USING BIOLOGICAL SOURCE MATERIAL | | --- | WIPO/GRTKF/IC/2/15Annex,page 2 I ## PATENTS USING BIOLOGICAL SOURCE MATERIAL At the First Meeting of SBSTTA(Subsidiary Body on Scientific,Technical andTechnological Advice),held in Paris during the first week of September,on the item“Waysand means to promote and facilitate access to and transfer and development of technologiesas envisaged in Articles 16 and 18 of the Convention on Biological Diversity”,one of themost discussed topic was the access to and transfer of technologies protected by patents,and more specifically by patent applications using biological source materials. The SBSTTA's deliberations finally concluded on the utility of including,in patentapplications using biological materials,information relating to country/countries of originand common public knowledge of the use of those materials. *** Of all the patents using biological source material,such as plants,fungi,animals,microorganisms,firstly we are going to focus on patent applications related to plant extractswhich are the most numerous within this sector. As a general rule,when the plant(s)is(are)well known and widespread,such asrosemary,sage,oat,lemon,etc.the place of origin is not specified in the patent application. On the other hand,when the object of the patent application is a “rare”or“exotic”plant extract,the applicant provides information relating to the country/countries of originin the description and the traditional use(s)of the plant(s)as far as it is known to him. We can verify this with the following examples: *US 3773931(A.GROEBEL) This american patent refers to an active susbstance which has hypotensiveproperties;this substance is isolated from a plant which grows in Madagascar. The present invention relates to a pharmacologicallyeffective substance isolated from Cabucala madagas-30cariensis,and to physiologically tolerable salts of saidsubstance. .Cabucala madagascariensis is a shrub belonging to theApocynacea family which is found in the dry regions ofthe western coast of Madagascar(cf.M.Pichon,"Notu-35lae Systcmaticae,"XIII(1948),pp.202-203). 1 20 25 *WO 93/20832(SMITHKLINE BEECHAM FARMACEUTICI SP.A.) The geographical distribution and the known therapeutical use of this palm arementioned on the very first page of this PCT application. PCT/EP93/00851 WO 93/20832 ## RECTAL PHARMACEUTICAL COMPOSITIONS FOR THE TREATMENTOF PROSTATIC HYPERTROPHY The present invention relates to rectal pharmaceutical compositions for the5 treatment of prostatic hypertrophy.Particularly,the invention relates to rectalpharmaceutical compositions containing as the active ingredient Serenoa repensextract. Serenoa repens,which is also known as Sabal serrulatum,is a small palmgrowing in United States,North Africa and Spain,the lipid-sterol extract of which,10 obtained according to FR-2480754 or EP-68055 patents,has been used for a longtime for the treatment of benign prostatic hypertrophy (prostatic adenoma),prostatitisor other prostatic disorders.The therapeutic scheme used up to now envisages theoral administration of 300-1000 mg of extract daily.Therapy must general

FAQs

Why can patent applications using biological materials include information about the country of origin and traditional uses?

The document notes that the SBSTTA deliberations concluded on the utility of including country-of-origin information and common public knowledge of use in such patent applications.

How does the patent application approach differ between well-known plants and rare or exotic plant extracts?

When plant(s) are well known and widespread, the place of origin is generally not specified. For rare or exotic plant extracts, the applicant provides information on the country/countries of origin and traditional uses as far as known.

What rectal treatment is described for prostatic hypertrophy?

The invention relates to rectal pharmaceutical compositions containing Serenoa repens lipid-sterol extract as the active ingredient, claiming beneficial results in patients within shorter times than conventional oral therapy.

Aug 25, 2026

Uploaded by Angel