Perhaps the most rapidly evolving areas of innovation in the food and beverage (F&B) industry is precision fermentation. In this article, foodtech-focused patent attorney Dr Peter Brown discusses the explosive growth of the technology, and highlights some of the more exciting F&B innovations featured in recently filed patents. Peter works with clients in the foodtech and agritech sectors in Australia and New Zealand.

Future Food-Tech is happening in San Francisco this month, and many of the sessions at the conference will feature some of the world leaders in precision fermentation.

Precision fermentation is a technology which utilises microorganisms (such as yeast, bacteria or fungi) and synthetic biology techniques to produce desired functional ingredients such as proteins, fats or bioactives. These target molecules can then be extracted and purified to then use in various food and agricultural products. Typical examples in the F&B sector include dairy, meat or egg proteins. RethinkX provides a useful “periodic table” helping to visualise all the activities in precision fermentation. This is just the beginning, and the field is rapidly evolving almost daily.

It is these same synthetic biology techniques I used during my PhD research to genetically manipulate a bacterial strain to overproduce a protein called MIOX in order to determine its atomic structure for ongoing drug development. It is serendipitous that I am now a patent attorney specialising in the food and beverage industry, and this technology is now fueling the most exciting development in the food industry in many decades. In fact, in 2020 the World Economic Forum highlighted precision fermentation is poised to reshape global food production by offering sustainable, scalable alternatives to achieve future food security.

With significant investment and innovation efforts being poured into these fields worldwide, Global Market Insights predicts the global precision fermentation market for F&B ingredients will grow from USD2.4B in 2024 to USD70.3B in 2034, representing a staggering 39.9% CAGR. Good Food Institute’s 2023 State of the Industry Report for Fermentation highlighted that companies raised over USD1.25B between 2022-2023 when combined.

Patent landscapes as a tool to track innovation

Patents, and more specifically patent landscapes, are one of the best metrics to track and analyse innovation efforts within the industry, as well as at the company level.

For many of my clients, we slice and dice the data to generate useful analytics to help guide their R&D, commercial and IP strategies.

Following a brief patent search for this article, we found some interesting preliminary insights. Figure 1 clearly illustrates that the number of patent application filings relate to precision fermentation has surged since 2019, effectively tripling in 2022 compared to 2018. (NB. the 2024 data is still incomplete)

Figure 2 shows that the US is the clear leader in precision fermentation by a country mile, contributing over 40% towards the total patent landscape we assessed. However, many other regions are working hard to not be left behind, including Canada, Europe, Australia, New Zealand and Israel.

Notable innovations

There are many stand out innovations originating from the US, which is unsurprising given it is the global leader in this space.

One of the earliest innovators, Impossible Foods, holds at least 30 active patent families. Among these is US Patent No 9,943,096, famously challenged by Motif FoodWorks. This specific patent focuses on its heme technology leveraging soy leghemoglobin recombinantly produced in yeast, said to provide its meaty flavor and “bleeding” appearance. As the Innovation Manager at Goodman Fielder in my previous role, I was pleased to be one of Nick Halla’s guests to first taste the Impossible Foods burger before it hit the market in New Zealand. I recall the ‘wow’ factor by the onlookers as it bled and sizzled on the grill!

One of the most notable players is The EVERY Company (previously Clara Foods), which holds about 20 active patent families. One of its earlier patents dating back to 2019 is represented by US Patent No. 12/096,784. It covers the production of recombinant ovalbumin (egg white protein) that is said to maintain sensory neutrality and stability across different food forms, and also reports improved solubility and clarity compared to animal-derived proteins.

Turning to milk alternatives, Perfect Day is undoubtably the unicorn in precision fermentation technology for dairy and is now considered to be valued at USD1.5B. Having received over USD800m in funding, it is unsurprising the company has over 25 patent families despite only first launching in 2014. Perhaps the most influential patent is US Patent No. 9,924,728 claiming a composition comprising recombinant β-lactoglobulin protein and α-lactalbumin protein, produced through fungal cell cultures. The patent states that the proteins mimic the taste, aroma, and mouthfeel of dairy milk, as well as reducing environmental impact and minimizing foodborne pathogens.

Now we turn to my neck of the woods, Australia and New Zealand.

As noted in the Cellular Agriculture Australia’s report (August 2024), Australia is also making significant strides in precision fermentation. The report highlights Australia’s value proposition, which leverages significant synthetic biology expertise amongst a robust research ecosystem, a respected patent system, a diverse range of innovative companies pioneering this space (see below), and a supportive gene technology regulatory scheme.

On this last point, in early 2024, the OGTR (Office of the Gene Technology Regulator) granted Cauldron a license to produce recombinantly produced animal proteins using a 10,000 L precision fermentation facility.

Australia’s F&B companies chasing precision fermentation include Eden Brew, Nourish Ingredients, Cauldron, Eclipse, All G Foods and Noumi.

All G Foods has recently filed a patent in 2023, AU2023278779, which covers a process for producing animal-free calcium sensitive casein (and lacking kappa casein) compositions through microbial fermentation. Patents have been filed in China, India, Korea, New Zealand and Singapore, signaling where the company sees its key commercial offshore markets.

Start-up, Eden Brew, is also working on producing recombinantly produced dairy proteins. Whilst there are no apparent patents filed directly by Eden Brew, a recent media release suggests this might be in the pipeline, backed by government funding and collaboration with CSIRO.

After receiving over $28M in funding in 2022, Nourish Ingredients is also embracing precision fermentation, albeit for the production of lipids instead of proteins. Nourish Ingredients recently filed two patents, represented by AU2022289040 and AU2022231106 which describe lipids, that when heated, provide a “meat- associated flavour and/or aroma”. Both families are extended in many offshore countries, again reflecting the global opportunity for this precision fermentation technology. In recent years, Nourish has launched two related lipid ingredients, Tastilux® and Creamilux®.

New Zealand also punches well above its weight.

Comparatively, New Zealand’s alternative protein industry is still in its early stages as indicated in the patent landscape shown above. Yet, like Australia it holds considerable promise, particularly in its underlying scientific expertise in food science and protein chemistry. The 2023 Emerging Proteins New Zealand Report highlighted that, despite the country lacking an official national strategy for alternative proteins, many of its research institutions and start-ups are actively exploring precision fermentation​.

One of those research institutes, AgResearch, published its Fermentation for Future Food Systems report in 2022, reinforcing New Zealand’s need to scale its fermentation technology infrastructure to compete globally. A large part of the expected drive in this space is that the country is reliant on its F&B exports, especially its dairy and red meat industries. It is clear New Zealand must be part of the disruption, not be the disrupted.

Perhaps most telling is that Dairy giant, Fonterra, has already partnered with DSM to invest into Netherlands based start-up Vivici.  Vivici has recently filed an international patent, WO2025046004 targeting recombinantly produced beta-lactoglobulin proteins using yeast, noting the resulting compositions are advantageously low in sugar. In a recent AgFunderNews article, Vivici’s CEO, Stephen van Sint Fiet, says it can leverage its commercial scale fermenter and GRAS status to rapidly move to commercial manufacturing.

Beyond Fonterra, an Auckland female-led start-up Daisy Lab has also filed two PCT (international) patents, WO2024049307 and WO2025046472, that focus on yeast-derived dairy proteins produced through precision fermentation. Backed by $1.5M funding, their approach aims to deliver dairy-like proteins (whey and casein) that can be used in cheese, yogurt and milk alternatives.

Staying with the dairy theme, Miruku is taking an alternative approach by genetically expressing modified dairy proteins and lipids in plants instead of microbes, as described in NZ812021. Having now raised just over $7M, Miruku has extended its patents into several countries including the US, Brazil, Australia and Israel.

Continuing evolution

The precision fermentation sector continues to evolve rapidly, with both global players and many emerging start-ups investing heavily in this technology. From dairy-free casein proteins to egg substitutes, to lipids that mimic meat aromas, the industry is teeming with scientific breakthroughs and commercialisation efforts.

In this hotly contested space, patents are critical for these companies to carve out their unique points of difference, attract funding for growth (let alone survival!), and strategically position themselves for that ultimate exit strategy.

The US, and in particular the San Francisco Bay Area, is clearly paving the way in precision fermentation.  However, many countries like New Zealand and Australia are investing heavily in this space too so they are not left behind in this major disruption that is likely to change our food industry forever in years to come.

If you’re working in the foodtech sector and would like advice on patenting in Australia, New Zealand or other Asia Pacific countries, reach out to Peter for a confidential conversation.

Peter Brown will be attending Future Food-Tech on 13-14 March 2025 in San Francisco – reach out directly if you would like to connect.