Impossible Foods Success: Startup Scores EU Patent Win for Flagship Vegan Burger Ingredient


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With hopes of a European launch growing, Californian plant-based meat leader Impossible Foods has had a patent for its heme protein reinstated in the EU.

Two years after the European Patent Office (EPO) revoked a key patent it granted to Impossible Foods, the decision has been overturned by the agency’s Board of Appeals.

A culmination of a protracted process that faced significant opposition, the patent concerned the plant-based company’s use of heme protein and flavour precursors in its flagship burger, which allow it to ‘bleed’, smell and taste like conventional beef.

The heme ingredient – derived from soy and genetically engineered yeast – has been at the centre of a legal dispute in its home country, where the Californian firm triumphed over a long-running legal battle with Motif Foodworks, taking over its heme business. The latter ceased operations soon after the case came to an end.

Why Impossible Foods’s EU patent was reinstated

impossible heme patent
Courtesy: Impossible Foods

The EU patent was first granted in 2017, covering a meat alternative compromising heme proteins and “at least two flavour precursor molecules”. Impossible Foods inserts the DNA from soy plants into a genetically engineered yeast strain called Komagataella phaffii to produce soy leghemoglobin via a process similar to how Belgian beer is brewed.

But it was challenged by a straw man (or anonymous) opponent a year later, which argued that the patent was invalid due to a lack of novelty or an inventive step (when an invention is not obvious to a person skilled in the field), and insufficient disclosure.

The EPO’s Opposition Division agreed that the patent was invalid for the latter reason. And while it believed that Impossible Foods’s heme protein was a novel invention, it lacked an inventive step.

In its decision on December 20, the Board of Appeals said it was “readily apparent” the case was complex. “The proprietor had to address numerous and increasingly expanded attacks raised by the opponent and third parties during the opposition proceedings. More than 100 documents were filed, most of them after the filing of the notice of opposition,” it stated.

The appeals body found that the requirement that the heme-containing protein be ‘isolated; was directly and unambiguously disclosed in the patent application, as were the combinations of three flavour precursors.

Impossible Foods had also communicated how the heme protein and flavour molecules give its plant-based analogues the taste and smell of meat during the cooking process, the Board of Appeals noted. It additionally found that the company had made sufficient disclosures about its invention, which it said contained an inventive step.

Impossible Burger inching closer to European plates

impossible burger eu
Courtesy: Impossible Foods

The EPO Board of Appeals’s decision ended a year of significant regulatory progress for Impossible Foods in Europe. The company already sells its beef in the US, Canada, Hong Kong, Macau, Singapore, the UAE, Australia, and New Zealand – but has faced several hurdles in the EU and the UK for its precision fermentation process.

But in June, the European Food Safety Authority’s (EFSA) food additives panel issued a positive safety assessment of LegH Prep, a liquid preparation containing the company’s soy leghemoglobin and other ingredients. This was provisional, as it was subject to an assessment from the regulator’s GMO panel.

That came months later in November, when the GMO body ruled that the ingredient was “safe for human consumption with regard to the effects of the genetic modification”. It ended a Clock Stop – a period when evaluation is officially stopped pending further information from the company – that had hampered the process since December 2021.

This then followed a 30-day consultation period, allowing the submission of purely scientific comments and questions to be addressed by the EFSA and the EU Commission. Following that, the Commission will draft approval decisions to be brought to the Standing Committee on Plants, Animals, Food and Feed, which will discuss and then vote on them.

“The agency’s comprehensive, scientific assessment of the safety of soy Leghemoglobin (heme) across two applications reinforces the overall quality and safety of our food, echoing similar approvals from regulators in the United States, Canada, Singapore, Australia, and New Zealand,” an Impossible Foods spokesperson told Green Queen in November.

They noted that the GMO approval was “an important step toward bringing Impossible products to Europe”, adding: “We’re excited to continue our work with EU decision-makers to bring Impossible Foods products to European consumers.”

Impossible Foods’s patent victory comes at a testy time for plant-based meat in Europe, where it has faced renewed attacks over the use of meat-related terms on product labels. But in a positive sign for the industry, the EU’s top court rejected the French government’s attempt to instate a labelling ban, a decision that is set to be finalised by France’s top court.

Author

  • Anay Mridul

    Anay is Green Queen's resident news reporter. Originally from India, he worked as a vegan food writer and editor in London, and is now travelling and reporting from across Asia. He's passionate about coffee, plant-based milk, cooking, eating, veganism, food tech, writing about all that, profiling people, and the Oxford comma.

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