A decision by the European Patent Office (EPO) to revoke a key EU patent granted to Impossible Foods has been overturned following a lengthy appeals process.
The patent in question (EP2943072 B1) covers the use of Impossible Foods’ flagship heme proteins (made by a genetically engineered yeast strain) and flavor precursor molecules to modulate the flavor and aroma of meat substitutes.
It was revoked by the EPO in 2022 on the grounds that it was insufficiently novel, a decision that was overturned this month by the EPO’s Boards of Appeal, according to documents seen by AgFunderNews.
The move follows the resolution of Impossible’s protracted legal dispute with Motif Foodworks, which resulted in an agreement whereby Impossible Foods took over Motif’s heme-related business.
Impossible Foods’ associate general counsel Will Van Curen told us: “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.”
International markets
California-based Impossible Foods sells products in overseas markets including Canada, Australia, New Zealand, Singapore, the UAE, Hong Kong, and Macau.
In the UK, it is still waiting for the Food Standards Agency to approve the use of its heme protein but has been selling alt-chicken products that do not contain heme there since 2022.
The timeline for EU market entry is still unclear, but Impossible has made significant progress on the regulatory front over the past year, securing positive opinions regarding its heme protein from European Food Safety Authority (EFSA) panels on food additives and flavourings, and GMOs, respectively.
EFSA is now completing its review of comments submitted during the public consultation period. The European Commission will then draft a decision to be brought to the Standing Committee on Plants, Animals, Food and Feed.
While it could launch products in the EU without its heme protein, the blood-red substance is a key ingredient in its core plant-based beef products.
