European Patent Office reinstates Impossible Foods’ EU patent on plant-based ‘bleeding’ burger innovation

The European Patent Office (EPO) has reinstated Impossible Foods’ EU patent, originally granted in 2017, covering the core components of its plant-based burger that mimic the taste, texture, and appearance of real meat. The decision, made by the EPO’s Boards of Appeal in January 2025, reverses a 2022 revocation of the patent following a challenge to its validity.

Impossible’s patent pertains to its use of genetically engineered yeast to produce soy leghemoglobin, a heme protein that, along with specific flavor precursors, creates the burger’s distinctive meaty aroma, texture, and ‘bleeding’ effect. These innovations have been integral to Impossible’s reputation as a leader in plant-based meat alternatives.

The initial revocation of the patent cited issues with sufficiency of disclosure, novelty, and inventive step. Opponents argued that Impossible had not adequately explained the use of its heme protein and flavor molecules, claiming the approach was obvious to those in the field and therefore lacked the creativity needed for patentability.

Impossible Foods, however, appealed the decision, submitting over 100 supporting documents and clarifying how its technology functions. The EPO’s Board of Appeals accepted an auxiliary request from Impossible, which addressed these concerns and provided detailed explanations about how the heme protein and flavor molecules contribute to the sensory qualities of the burgers during cooking. The Board concluded that the patent now satisfies the required legal standards.

Will Van Curen, Impossible Foods’ Associate General Counsel, commented on the ruling: “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 legal victory underscores the value of IP in the competitive alternative protein industry. Impossible’s focus on innovation has been central to its strategy, as demonstrated by a recent legal dispute with Motif FoodWorks over heme proteins. After filing a lawsuit against Motif for infringing on its heme-related technologies, Impossible took over Motif’s heme business, shortly after which Motif ceased operations.