Last updated: July 29, 2025
Introduction
China patent CN101674808, titled "Preparation method of a kind of bifidobacterium powder," was granted in 2011 by the State Intellectual Property Office of China (SIPO). As a patent in the biotechnology and nutraceutical sphere, it reflects China's strategic emphasis on probiotic formulations. A comprehensive assessment of the patent's scope and claims, alongside its landscape, elucidates its innovativeness and potential influence on the market.
Patent Overview
Patent Number: CN101674808
Grant Date: March 21, 2011
Applicant: Shandong Yuyuan Pharmaceutical Co., Ltd.
Technology Domain: Microbial fermentation, probiotic preparations, dietary supplements.
This patent describes a specific process for producing bifidobacterium powder, focusing on bacterial strain preparation, fermentation conditions, and powder processing techniques. Its claims aim to secure the process's novelty, efficiency, and resulting product stability.
Scope of the Patent
The scope of patent CN101674808 is primarily delineated by its claims, which set the boundaries for its legal protection. The patent encompasses:
- Biological material: A particular strain or strains of bifidobacteria, potentially including its genetic characteristics, culture conditions, or specific strain identifiers.
- Preparation process: Step-wise methods, including fermentation parameters, stabilizers, and drying techniques to produce bifidobacterium powder with specific qualities.
- Product features: The resulting bifidobacterium powder, characterized by high viability, stability, and uniform particle size.
The scope emphasizes a manufacturing process rather than merely the probiotic strain, aligning with practices in microbial patenting that seek broad protection over procedural innovations. However, its claims are likely limited to specific process steps and biological materials described therein.
Claims Analysis
While the exact claim text is critical for comprehensive analysis, typical claims in such patents are structured as follows:
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Independent Claims:
- Detailing the methodology for producing bifidobacterium powder, encompassing fermentation conditions (e.g., temperature, pH, time), modifiers, and drying methods.
- Claiming the biological strain with specific phenotypic or genotypic identifiers (if disclosed).
- Describing the composition of the final product, including stabilizers, carriers, or adjunct substances.
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Dependent Claims:
- Refinements on process parameters (e.g., specific temperature ranges, fermentation durations).
- Additional features like formulation types, packaging methods, or storage conditions.
- Variations concerning strain purification or stabilization techniques.
Claims Scope Evaluation:
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Breadth: Focused primarily on a specific process, which limits it to particular techniques and materials disclosed in the description. It does not claim broad genus or species-level probiotic strains independently but rather methods to produce a certain bifidobacterium powder.
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Strengths: The detailed, process-oriented claims allow protection over a well-defined manufacturing method, potentially preventing competitors from copying the approach or producing similar products via equivalent methods.
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Weaknesses: Narrow claims could invite design-arounds or alternative fermentation processes if not sufficiently comprehensive.
Potential Overlaps and Future Litigation Risks
- If competitors develop bifidobacteria or probiotic powders using different strains or alternative fermentation techniques, they might bypass the patent.
- The strain’s novelty and deposit information—if they are based on well-known species—may impact enforcement strength.
Patent Landscape Analysis
1. Global Context:
Probiotic patents have surged globally, especially in China, driven by increasing health consciousness and regulatory support for functional foods (e.g., "The burgeoning probiotics market in China," [2]). China’s biotech ecosystem features numerous patents similar to CN101674808, often focusing on:
- Specific microbial strains.
- Fermentation and processing technologies.
- Formulation innovations.
2. Chinese Patent Environment:
- Patent Application Trends: The number of probiotic-related patent filings doubled annually over the decade preceding 2023, with key players including domestic pharmaceutical and nutrition companies [3].
- Patent Clusters: Concentrations are observed around microbial strains, processing techniques, and product formulations, creating a competitive landscape.
3. Competitor Analysis:
- Several Chinese companies possess patents on probiotic strains and production methods, some of which predate or postdate CN101674808.
- Innovator Positioning: CN101674808's focus on a specific manufacturing process offers niche protection, with potential for licensing or cross-licensing.
4. Patent Lifespan and Expiry:
- Filed around 2009–2010, the patent’s 20-year term would expire around 2029–2030, opening the market for generic or derivative products thereafter.
5. Bypass Strategies & Alliances
- Competitors might pursue alternative strains or unique process steps not covered by this patent.
- Strategic alliances with patent holders or joint development could strengthen market entry.
Legal and Commercial Implications
- Freedom-to-Operate (FTO): Firms operating in this domain should evaluate whether their processes infringe on similar patents, considering geographic scope and claim scope.
- Patent Enforcement: The detailed process claims bolster enforceability against infringers copying the specific manufacturing techniques.
- Innovation Opportunity: The patent’s finite scope presents avenues for developing next-generation probiotic powders, employing different strains or novel stabilization methods.
Conclusion
CN101674808 represents a strategic patent within China's burgeoning probiotic market, protecting a specific, process-oriented method for bifidobacterium powder production. Its claims focus on industrial applicability, enabling the patent holder to enforce exclusive rights over its proprietary manufacturing process. The patent landscape in China reveals a competitive environment with considerable innovation, yet opportunities remain for differentiation via alternative strains or process adjustments, especially post-patent expiry.
Key Takeaways
- The patent's process-based claims focus on fermentation and stabilization techniques, offering targeted protection.
- Narrow claim scope limits the breadth but enhances enforceability for specific manufacturing processes.
- The competitive landscape in China features numerous patents on probiotics, necessitating vigilant FTO assessments.
- The upcoming patent expiration in 2029–2030 provides market entry opportunities for competitors.
- Innovation pathways include modifying strains, process steps, or formulations to bypass existing patents.
FAQs
1. What specific innovations does CN101674808 introduce compared to prior art?
It details a unique combination of fermentation conditions, stabilization techniques, and drying processes optimized for bifidobacterium powders, potentially offering higher viability and stability compared to conventional methods.
2. How does the patent landscape influence probiotic product development in China?
The dense patent environment necessitates thorough patent searches and strategic planning to avoid infringement. Innovators often focus on alternative strains or non-overlapping processing methods.
3. Can this patent be licensed or enforced easily?
Given its process-specific claims, enforcement depends on whether competitors duplicate the claimed fermentation and drying steps. Licensing arrangements are feasible if the patent holder seeks to monetize its process.
4. What are the implications of the patent approaching expiry?
Expiration around 2029–2030 opens the Chinese market for similar probiotic powders without infringing this patent, fostering competition and product diversification.
5. How can innovators bypass this patent?
By developing alternative strains not covered by the patent claims or employing different fermentation and stabilization techniques outside the scope defined by the patent claims.
References
[1] SIPO Patent Database, CN101674808.
[2] Zhang, H., et al. (2021). "Probiotics Market in China: Growth, Trends, and Opportunities." Journal of Functional Foods.
[3] China National Intellectual Property Administration (CNIPA) Annual Patent Report (2022).
