2- Again, you cannot assume that a 20:1 natural extract has such an enormous amount of A4, without spiking it. Even chinese standards of astragalus extraction have a tiny amount of A4 (see the end of the standards paper attached called 'Radix_Astragali"). This leads me to believe the product is spiked with a material of higher purity that infringes on Geron's patent. Heck even without the marketing baloney, I can read the label now... and know that this product infringes on the Geron patent.
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What I don't understand is this reference to Geron's patent. Are you saying that Geron own's the patent for all products on the market that have A4 or cycloastragenol, or astragalus with A4 or cycloastragenol or other ingredients combined together? Are you sure this is true? It seems remarkable you can patent a naturally occurring plant and it's derivatives. Does that mean Vitamin C is patented by someone as well, since it's derived from oranges? If that's the case, Geron's claim sounds a bit outlandish.
Curious about that myself. Haven't read Geron's patent but generally under US law you can patent a synthetic molecule, a process, or a formulation. If its both new and not obvious. In the case of adding cycloastragenol and/or astragaloside IV to astragalus root, that sounds more like an astragalus extract standardized on its own naturally occurring components as opposed to a formulation. My own perception is that the concept of a standardized extract is so commonly employed these days that it wouldn't be a very defensible patent candidate. Even if it was considered a formulation, varying ratios a small amount would probably defeat the patent. My own sense is that formulation patents are so indefensible that most companies tend to rely more on keeping their formulations a secret. And try to stymie competition that way. I think a process patent would hold up better. But that's not something the product label would tell you.
Howard
Thanks for your thoughts Howard. It's interesting that patents can get granted for naturally occuring substances and extraction processes that were in the public domain. But they aren't defendable. Maybe in this case, it's a moot point.