Last updated: August 1, 2025
Overview of Patent CA2785822
Canadian patent CA2785822, entitled "Methods of treating or preventing disease with a microbial composition," was granted to Bio-K Plus International Inc.. The patent was filed on August 23, 2012, and granted on August 16, 2013. It claims priority from an earlier provisional application filed in 2011.
This patent addresses the use of specific probiotic microbial strains for treating or preventing various ailments, focusing on immune modulation, gastrointestinal health, and related conditions.
Scope of Patent CA2785822
1. Patent Claims Summary
The core claims of CA2785822 encompass:
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Use of specific probiotic strains: The patent claims the application of particular bacterial strains, primarily Lactobacillus plantarum and Lactobacillus rhamnosus, for therapeutic purposes.
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Methods of administering: It covers compositions containing these strains in specific formulations, including capsules, powders, and liquids.
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Target conditions: The patent broadly covers treating or preventing diseases associated with immune dysfunction, gastrointestinal disorders (such as diarrhea, irritable bowel syndrome), and improving overall gut health.
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Preparation and composition claims: The claims potentially include the probiotic formulations themselves, with detailed parameters for concentration and combination.
2. Claim Types and Their Breadth
The patent features a combination of independent claims focused on:
- Method claims for administering probiotic strains for specific therapeutic effects.
- Composition claims covering probiotic formulations containing the claimed strains.
Dependent claims expand on specific strain combinations, dosages, and delivery methods.
The claims are characterized by a mechanism-based approach, with emphasis on the use of particular probiotic strains and their compositions to achieve immune modulation or gut health benefits.
Legal and Patent Scope Analysis
1. Breadth and Specificity
The patent claims are relatively broad regarding the application of specific probiotic strains for immune and gastrointestinal health. They do not overly restrict the claims to a single formulation but encompass a range of delivery methods.
However, the claims are narrowed by the specific strains listed (e.g., Lactobacillus plantarum and Lactobacillus rhamnosus) and their combinations, limiting their scope to these bacterial strains.
2. Novelty and Inventive Step
The patent claims rely on the novelty of applying these strains in specific therapeutic contexts, which, at the time of filing, was supported by emerging scientific literature. Their inventive step hinges on demonstrating a specific application of known probiotic strains for desired health benefits, validated through preclinical or clinical data.
3. Potential Limitations
- Prior art: Several probiotic formulations and methods of use were known before 2012, potentially challenging the broadness of some claims.
- Strain specificity: Because probiotics are strain-specific, claims are limited to the particular strains listed. Similar strains not explicitly disclosed may escape infringement.
- Methodology claims: The patent emphasizes methods of treatment, which could be more vulnerable to challenges based on the "second medical use" doctrine if not carefully drafted under Canadian patent law.
Patent Landscape Context
1. Global Patent Landscape
In the realm of probiotics for therapeutic use, the patent landscape is highly active, with filings primarily focusing on:
- Specific probiotic strains for particular diseases.
- Novel formulations and delivery systems.
- Methods of treatment leveraging probiotic activity.
Key competitors and patent holders include Chr. Hansen, Dupont (Danisco), and Yakult, with numerous filings across North America, Europe, and Asia.
2. Similar Canadian Patents
Canadian patent landscape features several filings related to probiotic strains:
- CA2682331: Covering specific Lactobacillus strains for immune modulation.
- CA2732854: Addressing probiotic compositions for gastrointestinal diseases.
CA2785822's claims overlap with these, particularly regarding Lactobacillus strains for immune and gut health, but distinguishable by specific strain combinations and claimed therapeutic methods.
3. Overlap and Potential Conflicts
Legal analyses should consider potential overlaps with prior art and whether claims are sufficiently inventive over existing probiotic formulations. The specificity of strains and claimed indications tend to limit conflicts but warrant ongoing monitoring as new patents are filed.
Implications for Industry and Patent Strategy
1. Licensing Opportunities
The patent's broad claims on specific probiotic strains for therapeutic applications present strategic licensing opportunities in the nutraceutical and pharmaceutical sectors.
2. Freedom to Operate (FTO)
Companies wishing to develop probiotic therapeutics should assess whether their strain selections and formulations infringe CA2785822, especially when targeting immune-related indications.
3. Patent Enforcement and Challenges
Given the early stage of probiotic patenting in Canada, CA2785822 remains a significant asset. Nonetheless, competitors may challenge its scope based on prior art or argue non-infringement if using different strains or formulations.
Conclusion
Canadian patent CA2785822 offers a comprehensive patent covering specific probiotic strains (Lactobacillus plantarum and Lactobacillus rhamnosus) for therapeutic applications in immune modulation and gastrointestinal health. Its scope is primarily defined by the combination of particular strains and their therapeutic uses, with claims extending to various formulations and methods of administration.
While its claims are broad within the specific strains and indications, overlapping prior art and the nuances of Canadian patent law may limit enforceability or scope. Companies involved in probiotic therapeutics should scrutinize this patent closely when developing new products, considering licensing or design-around strategies.
Key Takeaways
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Strategic Claim Drafting: The patent's claims focus on specific probiotic strains for therapeutic uses, underscoring the importance of precise patent drafting to maximize scope without overreach.
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Competitive Landscape: The probiotic patent landscape in Canada is active, with CA2785822 being a significant patent relevant to immune and gastrointestinal health claims.
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Patent Enforcement: Companies should evaluate potential infringement risks based on strain specificity and claimed indications, considering licensing or design-around efforts.
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Innovative Differentiation: To carve out unique market positions, firms should focus on novel strains, formulations, or therapeutic applications beyond what CA2785822 claims.
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Continued Monitoring: The evolving patent environment necessitates ongoing vigilance to avoid infringing or to identify licensing opportunities.
FAQs
1. What specific probiotic strains are covered by Canadian patent CA2785822?
The patent primarily claims the use of Lactobacillus plantarum and Lactobacillus rhamnosus strains in treatments for immune and gastrointestinal health (claims specify these strains or their combinations) [1].
2. Does CA2785822 cover all probiotic formulations for immune health?
No. The patent is limited to the specific strains and methods outlined in its claims. Broader probiotic formulations using different strains or delivery mechanisms may not infringe upon it.
3. Can this patent be challenged based on prior art?
Potentially, yes. The scope could be narrowed or invalidated if prior art demonstrates that similar probiotic uses were already known before the filing date. Detailed prior art searches are essential.
4. How does this patent influence the development of probiotic therapeutics in Canada?
It establishes a proprietary position for products leveraging these strains for immune or gut health, possibly requiring licensing agreements or careful development to avoid infringement.
5. Are the claims of CA2785822 limited to Canada or enforceable internationally?
The patent is specific to Canada. For international protection, equivalent patents needed to be filed in other jurisdictions. Its enforceability outside Canada depends on corresponding patents granted elsewhere.
References
[1] Canadian patent CA2785822, Methods of treating or preventing disease with a microbial composition, Bio-K Plus International Inc., filed 2012.
