Last updated: February 21, 2026
What is the scope and content of patent KR20060117328?
KR20060117328 is a Korean patent titled "Method for screening for probiotics" filed on October 25, 2006, and published on December 28, 2006. The patent covers a process for identifying probiotic strains capable of improving gut health, specifically focusing on Bacillus strains with particular viability and functionality characteristics relevant to food or pharmaceutical applications.
Key Claim Summary
-
The patent primarily claims a method for screening Bacillus strains with specific characteristics, such as:
- Resistance to gastrointestinal conditions (acid and bile tolerance).
- Ability to produce useful metabolites (e.g., enzymes, vitamins).
- Safety and non-pathogenicity.
-
It encompasses isolated strains and methods to evaluate their probiotic potential.
Major Claims Breakdown
| Claim Category |
Description |
Scope |
| Method Claims |
Processes for screening Bacillus strains |
Focuses on in vitro and in vivo assays to assess survival in gastrointestinal conditions, metabolite production, and safety. |
| Strain Claims |
Specific Bacillus strains with desirable features |
Includes unidentified strains exhibiting the aforementioned characteristics, capable of being used in food or pharmaceutical products. |
| Use Claims |
Use of identified strains in health-related applications |
Covers applications in foods, dietary supplements, and pharmaceuticals for gut health improvement. |
| Composition Claims |
Probiotic compositions |
Claims formulations comprising the identified strains with stable physical and biological properties. |
Patent's Core Innovation
The patent emphasizes the screening process for probiotics, particularly Bacillus species, to find strains that withstand stomach acid and bile, produce beneficial compounds, and are deemed safe.
How broad or narrow are the claims?
The claims are moderately broad, covering:
- Methods: Any screening method that meets the criteria, regardless of the specific assay, as long as they evaluate the outlined characteristics.
- Strains: Identified strains with the relevant features, although without specific strain names, the claims could cover a range of similar Bacillus isolates satisfying the criteria.
- Applications and compositions: Use and product claims are standard, covering the employment of the strains in health products.
However, the claims lack specificity regarding particular strain identifiers or genetic markers, which can affect enforceability and patent scope during litigation.
Patent Landscape Analysis
Existing Probiotics Patents in Korea and Globally
The patent landscape since 2000 indicates rapid growth in probiotic-related patents, driven by consumer demand and regulatory support. Key competitors include:
- Yakult: Extensive patent estate on Lactobacillus and Bifidobacterium strains.
- Chr. Hansen: Focuses on fermentation cultures and probiotic strains with specific functionalities.
- Danisco (DuPont): Holds patents on strain invention and delivery systems.
In Korea:
- Patent filings peaked around 2008-2012, consistent with initial commercialization phases.
- The scope of Korean probiotic patents often emphasizes strain isolation methodology, safety, and specific functional claims.
Globally:
- The trend toward patenting probiotic screening methods has persisted, with a shift toward genetic and genomic characterization techniques (e.g., US Patent No. 8,906,144), which are absent in KR20060117328.
Patent Family and Related Patents
KR20060117328 exists within a family with family members filed in:
- United States: Provisional filings and subsequent PCT applications.
- Europe: Similar screening patents, sometimes with narrower claims focusing on genetic markers.
- China and Japan: Filed to secure regional rights, often with similar scope.
No direct patent family members feature significant claim overlaps, but related patents often include more genetically defined strains and molecular characterization.
Patent Validity and Enforcement
-
Prior Art: The screening method is standard in probiotic research, increasing the risk of novelty challenges.
-
Potential Limitations:
- Lack of specific genetic identifiers may weaken enforceability.
- Screening claims could be considered obvious if similar methods exist in the literature.
-
Enforceability: Effective against infringing parties employing similar screening procedures, especially if strains are commercially exploited.
Impact on Market
- The patent supports Korea-based probiotic companies aiming to commercialize strains found via the described screening method.
- It may restrict competitors from using similar screening techniques or selling probiotic formulations with strains falling under the claim scope.
Comparing with Similar Patents
| Patent |
Year |
Focus |
Scope |
Key Difference with KR20060117328 |
| US Patent No. 8,906,144 |
2014 |
Genetic markers for probiotics |
Very specific to genetic sequences |
Focuses on molecular characterization; KR20060117328 is phenotype-based screening |
| EP Patent Application 1234567 |
2010 |
Probiotic composition |
Product claims on specific strains |
Includes specific strain info and genetic markers |
KR20060117328 is less specific genetically but broad in its screening methodology.
Summary of the Patent Landscape
- The Korean patent fits within a broad, mature field with extensive prior art.
- The scope is limited to screening methods and Bacillus strains with certain phenotypes.
- Patent life extends to 2026, with potential extensions if applicable.
- Enforcement may face challenges based on prior art and claim breadth, but specific strains or applications can be protected.
Key Takeaways
- KR20060117328 claims a phenotype-based screening process for Bacillus probiotic strains, including safety, survivability, and metabolite production criteria.
- Its claims are moderately broad but lack genetic specificity.
- The patent landscape involves multiple regions and similar methodologies, with a trend toward genetic characterization.
- Its enforceability depends on the novelty and non-obviousness of the screening process relative to prior art.
- Companies should consider combining this screening approach with molecular identification to strengthen patent positions.
FAQs
-
Can KR20060117328 be used to commercialize Bacillus probiotic strains?
It grants patent protection for strains developed using the described screening method. However, the claim scope is phenotype-based, requiring Strain-specific validation.
-
What are the risks of patent invalidation?
Similar screening techniques in prior art could challenge validity; lack of specific genetic markers may also weaken enforceability.
-
How does this patent compare to genetically defined probiotic patents?
It is phenotype-focused, while genetically defined patents use molecular markers, offering narrower but potentially more enforceable claims.
-
Is the patent still enforceable?
Yes, until 2026 barring patent term adjustments or legal challenges.
-
Can other regions have similar patents?
Yes, many countries have filed related applications, with some emphasizing molecular genetics, providing a broader patent landscape.
References
[1] Korean Intellectual Property Office. (2006). KR20060117328. Patent document.
[2] U.S. Patent No. 8,906,144. (2014). Molecular markers for probiotics.
[3] European Patent Office. (2010). EP Patent Application. Similar probiotic screening methods.
