The European Patent Office (EPO) has reinstated meat alternatives company Impossible Foods’ EU patent, relating to the key ingredients used to make its ‘bleeding’ plant-based beef burger.

First granted to Impossible in 2017, the patent was revoked by the EPO in 2022 after an opponent challenged its validity.

The patent relates to Impossible’s key ingredients in its burgers – a heme protein made in a process that involves using genetically engineered yeast to produce soy leghemoglobin, and specific flavour precursors used to enhance taste. These ingredients are responsible for giving the burgers their hyper-realistic, meat-like flavour, aroma, texture and ‘bleeding’ appearance.

The patent was challenged and revoked on the grounds of sufficiency of disclosure, novelty and inventive step. The challenger argued that Impossible’s use of the heme proteins and flavour ingredients were not explained well enough and were obvious to people working in the field, therefore not creative enough to be patentable.

However, the EPO’s Boards of Appeal overturned the decision this month (January 2025) after a lengthy process initiated by the alt-meat company, which involved addressing numerous challenges by the opponent and the filing of over 100 supporting documents.

The Board of Appeals acknowledged the case’s complexity and accepted an auxiliary request submitted by Impossible, clarifying how the heme protein and flavour molecules work to give the burgers their meaty taste and texture during cooking. It found that this was sufficient to reinstate the patent, determining that it now met the necessary legal requirements.

Will Van Curen, Impossible Foods’ associate general counsel, said: “This win is an important testament to the strength of our global patent portfolio. We’ve been confident throughout the process that our appeal would prevail, and we appreciate the EPO Board of Appeals’ decision reaffirming the validity of our patented innovation in Europe.”

This latest development follows a lengthy legal dispute between Impossible Foods and Motif FoodWorks after Impossible filed a lawsuit against Motif for its use of heme proteins to replicate the sensory characteristics of animal meat. The case resulted in Impossible taking over Motif’s heme-related business, shortly after which Motif closed down.

Top image: © Impossible Foods

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