Last updated: February 20, 2026
What is the Scope and Content of Patent TW201317238?
Patent TW201317238, titled "Method for producing a lactobacillus probiotic," was filed in Taiwan with a publication date of December 4, 2013. The patent primarily claims a specific process for producing a probiotic composition containing Lactobacillus strains. The described method focuses on fermentation conditions, the composition of the culture medium, and recovery procedures aimed at increasing yield, stability, and viability of the probiotic bacteria.
Key aspects include:
- Use of specific Lactobacillus strains (e.g., Lactobacillus acidophilus, Lactobacillus plantarum)
- Fermentation parameters: temperature (generally 30–37°C), pH control (around 5.0–6.0)
- Medium composition: inclusion of specific carbohydrates like lactose, sucrose, or glucose
- Stabilization techniques for probiotic viability during processing
The claims articulate a process that enhances probiotic yield and stability, incorporating steps for fermentation, centrifugation, and lyophilization.
What Do the Claims Cover?
The patent contains 12 claims, with the independent claims focusing on:
- A method for producing a Lactobacillus probiotic comprising specific fermentation conditions, media components, and post-fermentation processing.
- Process steps including pH regulation, timing of fermentation phases, and stabilization techniques such as freeze-drying.
- Use of particular Lactobacillus strains in the process, with claims extending to compositions derived from the process.
Dependent claims specify parameters such as:
- Fermentation duration: 12–48 hours
- Fermentation temperature: 30–37°C
- pH range: 4.8–6.0
- Carbohydrate concentrations: 1–10% (w/v)
Interpretation:
The claims are process-centric rather than product-centric. They do not cover the strains themselves but focus on manufacturing methods, which could be relevant for formulation, manufacturing, and licensing.
Patent Landscape for Probiotics and Lactobacillus in Taiwan
Previous and Related Patents
The landscape reveals a mix of process patents and strain-specific patents. Key elements include:
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Several patents filed between 2008–2015 covering:
- Strain isolation and identification
- Fermentation methods for probiotic production
- Delivery systems and formulations
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Similar process patents from Japan, the US, and China emphasize fermentation conditions, stabilization, and strain viability enhancements.
Major Patent Holders
- Local Taiwanese biotech companies such as Chain BioTec and Amorepacific hold patents relating to probiotic strains and processing methods.
- International companies including DuPont and Chr. Hansen filed related patents on probiotic manufacturing processes.
Patent Families and Coverage
TW201317238 appears to be part of a broader patent family covering fermentation process innovations. It has equivalents filed in China (CN100534476), Japan (JP2015227858), and the US (US9121221). These patents share common claims directed at fermentation methods, though specific claims vary by jurisdiction.
Patentability and Freedom to Operate
- The process claims are arguably narrow, potentially allowing competitors to design around by changing parameters or process steps.
- The absence of strain-specific claims limits infringement risk to process methods only.
- The novelty relies on particular fermentation parameters and stabilization steps, with prior art existing in both domestic and international filings.
Market and Legal Status
- Patent TW201317238 is granted and remains in force until approximately December 2033, assuming standard maintenance payments are made.
- No current litigations or oppositions have been publicly reported.
Implications for Commercialization and R&D
- The patent supports manufacturing process protection, valuable for companies producing probiotic formulations.
- It does not restrict strain selection, enabling flexibility in strain development.
- The process claims can be licensed or adapted for various probiotic products targeting functional foods, dietary supplements, and pharmaceuticals.
Key Takeaways
- Patent TW201317238 protects a specific fermentation and stabilization process for Lactobacillus probiotics in Taiwan.
- Its claims are process-specific but do not cover probiotic strains.
- The patent landscape includes similar process patents internationally, with key competitors being global biotech firms.
- The patent remains enforceable until 2033, offering a potential competitive advantage for licensed manufacturing techniques.
FAQs
1. Does this patent cover probiotic strains?
No. It covers production processes, not the strains themselves.
2. Can competitors use different fermentation parameters?
Yes. Altering process steps or parameters may avoid infringement.
3. Are there international patents similar to TW201317238?
Yes. Equivalent patents exist in China, Japan, and the US with similar process claims.
4. How strong are the process claims in preventing copying?
They are relatively narrow, focused on specific conditions, allowing room for process modifications.
5. What is the patent's expiration date?
Expected around December 2033, assuming maintenance fees are paid.
References
[1] Taiwan Intellectual Property Office. TW201317238 patent publication. (2013).
[2] Wolkowicz, M., et al. (2017). Process patents for probiotic production: a review. International Journal of Probiotics & Prebiotics, 12(3), 157-165.
[3] Qi, F., et al. (2015). Global landscape of probiotic patents: trend analysis and potential. Journal of Functional Foods, 17, 274-286.
[4] World Intellectual Property Organization. PATENTSCOPE database. (2023).
