In an effort to assist their customers, and potential customers, to understand the scope of Patent # 5,804,596, Sabinsa Corporation requested its legal counsel, of one of Washington D.C.'s leading patent and trademark law firms, to review the claims specified in Patent 596 and give their legal opinion.
Because Sabinsa discovered the weight loss properties of forskohlin, which is not a traditional usage of the herb, they were granted a patent for its use and composition in promotion of lean body mass, reduction of adipose tissue (fat) and weight loss. ForsLean® has a similar mechanism of action to ephedrine (Ma Haung), but without the adrenal impact which may be contraindicated in some cases.
After examining each of the 8 patent claims made, their conclusion is that "we believe that claims 1-8 of 596 Patent would be interpreted by a court to encompass the administration of forskohlin (forskolin) as a dietary supplement to an individual to promote lean body mass and shift the proportion of lean body mass and adipose tissue in favor of lean body mass so as to provide an increase in lean body mass, a reduction in adipose tissue and weight loss".
The language is very specific in the patent regarding "the use of forskohlin (forskolin) as a 'dietary supplement' for the 'dietary purposes of promoting lean body mass or shifting the proportion of mass in favor of lean body mass.'. Additionally, "...the prosecution history further supports the interpretation that claims 1-8 encompass the administration of forskohlin (forskolin) so as to provide for the reduction of adipose tissue and weight loss in an individual." The patent also covers a therapeutic dosage range for forskohlin (forskolin) based on two preliminary clinical trials exclusively involving the company's ForsLean® ingredient.
Based on this intellectual property, the application and use of ForsLean® , for dietary purposes in weight loss, promotion or enhancement of lean body mass, and reduction of body fat is plainly defined in US Patent #5,804,596.
Sabinsa intends to make the use of these claims, along with the use of the patent number, available to dietary supplement manufacturers and marketers through a non-exclusive licensing agreement.
For more information please check the ForsLean® web site at www.forslean.com contact Sabinsa at either the New Jersey office (732-777-1111) or the Utah office (801-465-8400).
ForsLean® is a registered trademark of Sabinsa Corporation.
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