Protein Production, Recovery And Processing In Food Manufacture – Leveraging Patent Rights And Information From Patents

Abstract

The imperative to produce protein-containing nutritional foods and animal fodder to ensure food security in a sustainable manner is driving innovation, and investment in R&D. In the box of tools that companies can use to enable a return on their investment, are intellectual property rights (IPRs), including patents, trade marks, plant breeders' rights, copyright and know-how/trade secrets. These tools allow companies to control exploitation of the fruits of its research and achieve appropriate levels of profitability, and inhibit unfair competition, for instance direct copying of business models, use of inventions, appropriation of branding, etc. Patents are an excellent basis for open innovation, as the invention is published as part of the process. The patent rights provide a framework for collaboration agreements with co-developers and future manufacturers. Published patent specifications can provide an indication of the research and development landscape and the plans of individual companies.

There is a multifold challenge facing food producers. The global population is expected to reach 9 billion by 2050. Food production must increase to satisfy the consequent demand. Meanwhile resources, e.g. water, phosphorus, are becoming scarcer, climate change is impacting yields, and developments must mitigate climate change, paying attention to creation of greenhouse gases, and avoiding problems of land conversion. The growing problem of antibiotic-resistant pathogens is impacting animal husbandry and hygiene. These challenges are recognised at the country level, and solutions must be global in reach. For instance, one of the Horizon 2020 work programmes is devoted to food security, sustainable agriculture and forestry, marine and inland water research and the bioeconomy, and there are EU partnerships with Africa and China.

At a micro rather than macro level, there is local tightening of regulations on food ingredients, functional foods, chemical residues, pathogen contamination, and pesticide usage. Additionally, there is a heightened recognition of the importance of health and well-being and the need to minimise waste at all stages of the supply chain. All these factors indicate that innovation is necessary in the food and drink field. Financial capital investment can be protected using the tools of intellectual property, to enable a return to be generated, which can be reinvested in R&D. Which of the various IPR tools is suited is...