
American plant-based meat company Impossible Foods recently secured a pivotal victory in the European Union (EU), marking a significant moment in its journey to expand its global footprint. On January 16, 2025, the European Patent Office’s (EPO) Board of Appeals reinstated a key patent for the company’s heme protein technology, reversing a 2022 revocation. This decision not only underscores the novelty of Impossible Foods’ innovation but also rejuvenates its ambitions for a European market entry.
A Brief History of the Patent Dispute
The patent at the heart of the dispute, EP2943072 B1, was originally granted in 2017. It covers the use of heme proteins—produced via genetically engineered yeast strains—and flavor precursors to create plant-based products that mimic the taste, aroma, and visual appeal of meat. However, in 2018, an anonymous opposition challenged the patent’s validity, arguing that it lacked novelty and sufficient disclosure.
In 2022, the EPO’s Opposition Division sided with the challenger, finding that while the technology was novel, it lacked an inventive step and was not sufficiently disclosed. This decision posed a substantial setback for Impossible Foods, especially as it coincided with a broader intellectual property battle with U.S.-based Motif FoodWorks. The loss of the EU patent temporarily cast a shadow over Impossible’s efforts to enter the European market with its full suite of products, including its flagship plant-based beef.
The Road to Reinstatement
Despite the initial ruling, Impossible Foods remained steadfast. The company filed an appeal, presenting comprehensive evidence to counter claims of insufficient disclosure. The appeals process, spanning more than two years, required addressing a multitude of technical arguments and submitting over 100 supporting documents.
On December 20, 2024, the EPO Board of Appeals delivered its findings, stating that Impossible Foods had sufficiently demonstrated the inventive step and novelty of its heme protein technology. The board also acknowledged the complexity of the case, highlighting the challenges posed by the opposition’s numerous and expansive claims. The official reinstatement of the patent in January 2025 signaled the culmination of this arduous legal process.
Will Van Curen, Impossible Foods’ associate general counsel, emphasized the importance of this decision, stating, “This win is a testament to the strength of our global patent portfolio. It reinforces the groundbreaking nature of our innovations.”
Implications for Market Expansion
The reinstatement of the EU patent aligns with a year of regulatory progress for Impossible Foods in Europe. In mid-2024, the European Food Safety Authority (EFSA) issued positive opinions on the safety of Impossible’s soy leghemoglobin, a key component of its heme protein. By November, the EFSA’s GMO panel confirmed the ingredient’s safety, clearing a major regulatory hurdle.
With its patent secured and regulatory approvals nearing completion, Impossible Foods is poised to bring its iconic products to European consumers. The company already operates in regions such as the United States, Canada, Australia, and Asia, where its plant-based offerings have redefined perceptions of meat alternatives.
Broader Industry Impacts
The resolution of this dispute sets an important precedent in the plant-based protein industry. By affirming the patent’s validity, the EPO reinforces the value of proprietary research in driving innovation. However, not everyone views the decision as an unmitigated positive. Critics, including Motif FoodWorks, argue that such patents could stifle competition and limit the development of alternative approaches to heme technology.
As the plant-based sector evolves, legal and regulatory frameworks will play a crucial role in balancing intellectual property protection with fostering industry-wide innovation. Impossible Foods’ victory represents one company’s success in navigating these complexities, ensuring its place at the forefront of the global food revolution.
Looking Forward
Impossible Foods’ European journey, marked by setbacks and triumphs, illustrates the challenges of scaling innovation across borders. With its heme protein patent reinstated, the company stands on the cusp of entering a lucrative market that has long been on its radar. As regulatory processes near their conclusion, European consumers may soon experience the taste and texture of Impossible’s products, a testament to years of perseverance and ingenuity.
Turning the tables, Impossible Foods has successfully secured the reinstatement of its EU patent, marking a significant win for the company. This development strengthens its position in the plant-based food market, paving the way for further growth in Europe. Similarly, those looking to invest in growing markets can explore opportunities to buy villa in Ajman, a region with a booming real estate sector and increasing appeal for investors worldwide.