Last updated: August 18, 2025
Introduction
Spain Patent ES2928365, titled "Method for the Extraction of Bioactive Compounds from Plant Material," was granted to InnovBio SA in 2022. As an emerging player in phytotherapeutics and natural product extraction, InnovBio’s patent addresses innovative extraction techniques, potentially broadening the legal scope for bioactive compound utilization.
Understanding the patent’s scope, claims, and positioning within the patent landscape is vital for stakeholders, including pharmaceutical companies, biotechnology firms, and investors. This analysis offers a comprehensive review, drawing from the patent documentation, prior art, and related patent filings.
Patent Overview and Key Details
- Application Filing Date: July 15, 2020
- Grant Date: March 2, 2022
- Patent Number: ES2928365
- Inventors: Dr. Laura Fernández, Dr. Pedro Gómez
- Assignee: InnovBio SA
- Intended Use: Extraction of bioactive phytochemicals for nutraceutical, cosmetic, and pharmaceutical applications
The core innovation involves a proprietary extraction process employing a novel solvent mixture combined with ultrasound-assisted extraction (UAE) to maximize yield and preserve bioactivity.
Scope of the Patent
Technical Field:
The patent pertains to natural product extraction, specifically methods to isolate bioactive compounds from plant matrices with enhanced efficiency and compound stability.
Legal Scope:
The scope encompasses the use of specific solvent compositions, ultrasound parameters, and process steps outlined in the claims to extract targeted phytochemicals.
Main Focus:
- Hybrid extraction processes combining solvents and ultrasound
- Optimization of parameters for maximum yield
- Preservation of bioactivity during extraction
Claims Analysis
Claims structure:
The patent includes independent claims primarily directed at the extraction process, complemented by dependent claims detailing specific process parameters and compositions.
Independent Claims:
- Claim 1: A method for extracting bioactive compounds comprising:
- contacting plant material with a solvent mixture containing ethanol at a concentration of 50–80% v/v and water;
- applying ultrasound at a frequency of 20–40 kHz for 10–30 minutes;
- recovering the extract, wherein this process yields higher concentrations of target compounds compared to traditional methods.
This claim is broad, covering the combined use of ethanol-water solvents with ultrasound, without specifying particular plant species or compounds, thus offering substantial patent coverage.
- Claim 2: A variation involving specific parameters, such as ultrasound power (100–300 W), temperature (25–50°C), and solvent-to-solid ratios.
Dependent Claims:
- Detail specific plant materials (e.g., Camellia sinensis, Ginkgo biloba)
- Specify additional steps, such as filtration or solvent recycling.
- Clarify optimal extraction times and ethanol concentrations for different plant matrices.
Claims Strengths and Limitations:
Strengths:
The broad language in independent claims grants comprehensive rights over the extraction method involving ethanol-based solvents combined with ultrasound. This aligns with current trends in natural product processing.
Limitations:
The claims do not specify particular bioactive compounds or plant species, which could open avenues for infringement by similar but slightly modified processes. Additionally, the patent may face prior art challenges if similar ultrasound-assisted extraction (UAE) methods exist.
Patent Landscape and Prior Art
Prevailing Technologies:
The patent landscape globally has seen a surge in extraction process innovations, especially combining solvents with ultrasound, microwave, or supercritical techniques.
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Prior Art Documents:
- EP2789501 (2017): Describes an ultrasound-assisted extraction method using ethanol-water mixtures but with different frequency ranges and process parameters.
- US20180213456: Details microwave-assisted extraction with herbal matrices, but differs in energy source and process specifics.
- WO2019131461: Describes supercritical fluid extraction, distinct from InnovBio’s ultrasound method.
Position within the Landscape:
ES2928365 fills a niche by specifically combining ethanol-water solvents with ultrasound in a manner claimed to optimize yield and stability of bioactives, which is a recognized but still evolving field. Its claims overlap with existing extraction technologies but are distinguished by specific parameter ranges and the combined methodology.
Legal and Commercial Implications:
Given the broad claims, InnovBio’s patent could inhibit competitors from deploying similar ultrasound-assisted ethanol-water extraction processes in Spain and, through corresponding filings, in the EU and select jurisdictions.
Overlap with Existing Patents and Freedom-to-Operate
To assess freedom-to-operate, a search in the European Patent Office (EPO) and World Intellectual Property Organization (WIPO) databases reveals:
- Limited patents specifically combining ethanol-water solvents with ultrasound in Spain before July 2020, which supports InnovBio’s position.
- Several related patents on ultrasound extraction exist but with different solvents or modalities, creating a degree of freedom for alternative methods.
However, potential workarounds include varying solvent composition, ultrasound parameters, or target compounds outside the scope of this patent.
Strategic Considerations
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Strengths:
- The broad claims offer comprehensive protection for a key extraction technology.
- The process aligns with current natural product extraction trends emphasizing sustainability and preservation of bioactivity.
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Risks:
- Possibility of patent challenges based on lighter prior art or obviousness.
- Regulatory constraints in the EU regarding solvent use and extraction methods can influence commercialization.
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Opportunities:
- Extend patent protection via method modifications.
- Focus on patenting specific bioactives or plant sources to narrow the claims but strengthen enforceability.
Conclusion
Spain patent ES2928365 secures a robust process patent for ultrasound-assisted extraction of bioactive compounds using ethanol-water solvents. The broad claims provide significant control over this extraction approach in the Spanish market and potentially across Europe.
In the context of the competitive patent landscape, InnovBio’s patent stands out for its combination of parameters but faces standard challenges from prior art. Strategic patent portfolio management, including filing for related patents and focusing on specific applications, will be critical to maintaining advantage.
Key Takeaways
- The patent offers broad protection for ethanol-water ultrasound extraction methods, relevant to nutraceuticals, cosmetics, and pharmaceuticals.
- Its claims encompass a wide range of process parameters, potentially limiting competitors' ability to adopt similar techniques without infringement.
- The patent landscape indicates a growing focus on ultrasound-assisted extraction, but InnovBio’s claims carve a niche by specifics of solvent composition and ultrasound application.
- Effective enforcement and strategic improvements are essential to leverage the patent fully, especially considering potential prior art challenges.
- Companies should explore alternative extraction techniques or refine process parameters to circumvent patent barriers or target specific bioactives for greater patentability.
FAQs
1. What are the key inventive aspects of Spain patent ES2928365?
The core inventive aspect is the combination of an ethanol-water solvent mixture with ultrasound application at specified frequencies and durations to maximize extraction yield and preserve bioactivity.
2. How does this patent compare to prior ultrasound-assisted extraction patents?
It differs primarily in the specific combination of solvent composition (ethanol-water ratios) and ultrasound parameters, filling a niche in the natural product extraction technology landscape.
3. What are potential challenges in enforcing this patent?
Enforcement could face challenges from prior art or incremental modifications of extraction processes. Competitors may also develop alternative methods with similar efficacy but different parameters, potentially avoiding infringement.
4. Can this patent cover all plant species used for bioactive extraction?
While broad, the claims are primarily process-based, not limited to specific plants, thus broadly covering techniques applicable across various plant sources.
5. What strategic steps should innovators take regarding similar extraction technologies?
Innovators should consider filing additional patents for specific applications, bioactive compounds, or improved parameters, and monitor patent filings closely for emerging prior art.
References
- European Patent EP2789501A1, "Ultrasound-assisted extraction of phytochemicals."
- US20180213456A1, "Microwave-assisted extraction of herbal products."
- WO2019131461A1, "Supercritical fluid extraction process."
- Spain Patent ES2928365, "Method for the Extraction of Bioactive Compounds from Plant Material," InnovBio SA, 2022.
