Section 1: Conventional agriculture
Drones (precision farming) and CRISPR genetic manipulation of crops
Delivering food in a sustainable way to a growing global population is a central issue facing the world’s agriculture and food industries. The United Nation’s knowledge hub for its 2030 Agenda for Sustainable Development and the Sustainable Development Goals reported that the “world population is projected to increase from 7.8 billion in 2020, to 9.9 billion by 2050”. Targets of the UN’s Sustainable Development Goal #2 – Zero Hunger include ending all forms of malnutrition, doubling agricultural productivity and incomes of small-scale food producers, and ensuring creation of sustainable food production systems that help maintain ecosystems. Meanwhile, animal agriculture “takes up seventy-seven percent of all agricultural land on Earth, despite supplying only seventeen percent of humanity’s food supply”, according to non-profit The Good Food Institute. It claims that the resulting “agricultural expansion” is the “largest driver of ecosystem damage on land”. The greenhouse gases produced in factory farming, according to U.K. campaigning group Compassion in World Farming, are also a “major contributor to the climate change challenge”.
How can the agriculture industry produce more food while reducing pollution and environmental impact? How far can conventional farming methods be improved, and how much of the world’s food requirements can be substituted by alternative, radically different methods – the agriculture and food production methods of the future?
This section of Inside Green Innovation: Progress Report 2021 examines patent activity in technologies aiming to address these challenges in agriculture and food production.
Drone technology (and precision farming)
Global patent filing activity Outside of China, over the last twenty-five years, patent filings related to agricultural innovation have plateaued. Patent filings related to agricultural drones, within the broader field of precision farming, are an exception. A dramatic escalation in filing numbers beginning in 2013 indicate this technology may offer a revolution in agriculture. Agricultural drones facilitate precision agriculture – including fertilisation, irrigation and pesticide application – and greater data and intelligence collection. This technology could eliminate guesswork and help farmers become more accurate, efficient, and therefore more sustainable, in their work. As is the case in many areas of technology over the last decade, China leads the way in terms of the number of new patent applications filed in this area of innovation, although almost all of these patent filings do not extend outside of China. Importantly, in the rest of the world, the increase in new patent filings is also significant, suggesting the importance of this emerging area.
Figure 1.1 Priority filings - top ten filing jurisdictions - agricultural drone technologies Click graph to enlarge
Note: Due to an 18-month lag between patent application and full publication of patent data, data from 2021 has not been reported, and data from 2020 includes data through May 2020.
Figure 1.2 Priority filing trend - all jurisdictions - agricultural drone technologies Click graph to enlarge
Note: Due to an 18-month lag between patent application and full publication of patent data, data from 2021 has not been reported, and data from 2020 includes data through May 2020.
The importance of drone technology to the concept of precision farming is indicated by the patent filing trend for precision farming, which closely mirrors the filing trend seen for drone technology.
Figure 1.3 Priority filing trend - all jurisdictions - precision farming technologies Click graph to enlarge
Note: Due to an 18-month lag between patent application and full publication of patent data, data from 2021 has not been reported, and data from 2020 includes data through May 2020.
Most of China-originated filings relate to drones able to carry and dispense treatments such as pesticides. In the rest of the world, filings are spread across applications in areas such as sensors (including cameras), crop management systems, drone improvements, data processing and spray systems. Figure 1.4 China: priority filings - notable companies - agricultural drone-related patent filings Click graph to enlarge
Note: Due to an 18-month lag between patent application and full publication of patent data, data from 2021 has not been reported, and data from 2020 includes data through May 2020.
It is interesting to note that although China-based company Sz Dji Technology do not appear in the top ten of assignees with national China priority filings (having six filings in total), they do have one of the most highly forward-cited patent portfolios. This means the company’s filings are at the very least presenting prior art (evidence that an invention of a subsequent patent application is already known) problems for their competitors and suggests it may have a leading portfolio of patent filings. Dji is also unusual in having an international patent portfolio that extends beyond China. Xaircraft are another of the few Chinese-based entities having a portfolio extending beyond China. Dji’s most highly cited filings include innovations in:
- Devices for regulating the flow of liquid crop treatments from a UAV
- UAV adapted for the sowing of seeds
- Flight control technology for agricultural drones
The South China Agricultural University is the next highest in terms of forward citations, having around half the number of Dji, and spread over a much higher number of patent filings (41), this level of forward citation being similar to Zhejiang University. The South China Agricultural University’s applications include technologies such as:
- A UAV adapted for pollinating of crops
- A UAV configured for the application of a cotton defoliating agent to assist with harvesting
- A neural network decision-based, variable-rate precision spraying UAV
Figure 1.5 Rest of the world: priority filings - notable companies - agricultural drone-related patent filings Click graph to enlarge
Note: Due to an 18-month lag between patent application and full publication of patent data, data from 2021 has not been reported, and data from 2020 includes data through May 2020.
Here Dji does appear toward the top of the filers when we look outside of national China priority filings. Dji are again one of the most highly forward-cited applicants, further reinforcing the leading nature of Dji’s portfolio. Top filer Nileworks (Japan), whose patent applications are focused on drone management methods, has a surprisingly low number of forward citations, likely due to their slightly later entry to the field. The company may be taking a more targeted or iterative approach to its filing strategy with innovations directed at solving more specific problems. For example, Nilework’s patent applications feature technologies including:
- A UAV flight control method that provides accurate chemical spraying without precise map information
- A drone capable of photographing crop stems or leaves to evaluate growth
- A chemical spraying drone that reduces drift of treatment agents outside of the field by using the air flow made by the UAV rotors
Deere & Co. also stand out as high filers in this area. Its patent filings include innovations for the wider implementation of precision farming across the spectrum of sowing, treating, and harvesting, in which the UAV plays a role within the wider system:
- Precision agricultural seed delivery system using target location map
- Analysing general crop health from seed application through applications of treatment
- Monitoring plant material collection
Implications for innovation and future patent filings Innovation in commercially viable agricultural drone concepts is advancing beyond the first wave of broad patent filings, with new filings diversifying into specific areas of innovation. It is clear that drones will have applications in many aspects of the farming industry, using sensors and cameras to capture aerial imagery and examine crops. They can also be used for livestock management, crop spraying and irrigation mapping. As they become a more popular and mainstream smart farming tool, it is likely that drone prices will continue to drop. Looking forward, we would expect to see more patent filings directed toward innovations in areas including:
- AI and machine learning-based crop management systems using UAVs
- Specially adapted UAVs able to sow, pollinate or dispense treatments for specific applications, solving crop/treatment-specific problems
- Refuelling/stocking apparatus
- Sensors for use on UAVs and sensors for use in combination with drones within broader, precision farming systems
Firms innovating in this field are moving beyond machinery, seed, or chemicals, adding software platforms/farm-management systems to their innovation portfolios. While making machinery, breeding new crops, or manufacturing agrochemicals all have high barriers to entry, innovators without previous agricultural experience can devise a data-based, farm-management system. It will be interesting to see if this leads to established but historically non-agriculture companies moving into this area, and whether a flurry of new companies springs up to drive innovation forward.
Companies innovating in this field are moving beyond machinery, seed, or chemicals, adding software platforms/farm-management systems to their innovation portfolios
Genetic crop manipulation through CRISPR
The challenge of feeding a growing global population in a sustainable way has sparked many potential solutions involving genetic manipulation of crops, either by mutation breeding or introduction of novel genes into the genomes of crop species by transformation. CRISPR-Cas genome editing is a potentially significant further step forward. ‘Applications of CRISPR-Cas in agriculture and plant biotechnology’, published in Nature Reviews, says this technology ‘allows precise genetic manipulation of crop species to develop…more sustainable agricultural systems’ and cites CRISPR-Cas most important applications as increasing plant yield, quality, disease resistance, herbicide resistance, breeding and accelerated domestication’.
Global patent activity It will come as no surprise to those in the field that patent filings for the use of CRISPR in agriculture has seen rapid growth since 2012, the technology only having found practical application as a whole from that time and the trend in agriculture mirrors the dramatic growth seen for CRISPR technology as a whole since. Figure 1.6 Priority filing trend - CRISPR in agriculture Click graph to enlarge
Note: Due to an 18-month lag between patent application and full publication of patent data, data from 2021 has not been reported, and data from 2020 includes data through May 2020.
From a jurisdictional perspective, patent application filing data shows that the U.S. is the clear leader in recent years.
Figure 1.7 Priority filing trend - top six filing jurisdictions - CRISPR in agriculture Click graph to enlarge
Note: Due to an 18-month lag between patent application and full publication of patent data, data from 2021 has not been reported, and data from 2020 includes data through May 2020.
CRISPR technology applications While genetically manipulating plants to develop desirable traits is not new, manipulating plants’ genetic code more directly could address many issues with GM crops (e.g., the use of agrochemicals and retention of antibiotic-resistant genes making GM highly regulated and costly). For example, where typical GM crops require foreign DNA, CRISPR technology can be used for precise genetic manipulation without introducing outside DNA such as antibiotic-resistant genes. Research using CRISPR is working toward introducing important agricultural traits into many economically important crops including heat, cold and herbicide tolerance, viral, bacterial and fungal resistance, plus increased grain size and weight. The technology may also improve production of industrially useful materials from the plant, including pharmaceuticals. Applications cover modifications to crops including rice, wheat, maize, tomato, potato, tobacco, cotton, soybean and brassicas. Example end products developed using CRISPR include browning-resistant mushrooms and false flax (Camelina sativa – an oilseed crop) with enhanced Omega 3 oil.
Notable companies
Most early patents in this area were filed by universities and concerned underlying CRISPR research. However, industry quickly pulled ahead; over the last four years, more patents have come out of industry than universities. The patent portfolios of the University of Minnesota and North Carolina State University are both highly forward cited despite having relatively small patent portfolios, reflecting their early entry into the field, and broad patent filings.
Figure 1.8 Priority filings - notable companies - CRISPR in agriculture Click graph to enlarge
Note: Due to an 18-month lag between patent application and full publication of patent data, data from 2021 has not been reported, and data from 2020 includes data through May 2020.
Other examples include Yield10 Bioscience’s patent for adapting Camelina for higher oil content, and Pivot Bio's patent for modified microbes acting as biological nitrogen fertiliser for corn, potentially reducing nitrogen leached into groundwater. Among higher filers, recently granted patents for Pioneer Hi Bred include a method to restore the fertility of a sterile male wheat plant, a high throughput system to produce transgenic plants, a method for obtaining a waxy maize plant (Pioneer’s first commercial application of CRISPR technology), and a method for producing crops, such as soybean or maize, with increased herbicide resistance.
Implications for innovation and future patent filings Pioneer Hi Bred – in addition to its higher number of patent families – has one of the highest numbers of forward citations associated with its portfolio, even when prorated with the smaller portfolios of Monsanto and Syngenta. The advantage that a broad, early patent filing provides is expanded dramatically if a similarly broad patent is achieved. Pioneer Hi Bred’s relatively long average time to grant (1,300 days, compared to Syngenta at 693 days and Monsanto at 1,000 days), suggests Pioneer Hi Bred may be seeking to capitalise on its slight lead in early patent filings by pursuing broad claim coverage, while Monsanto and Syngenta may be adopting a strategy of more focused filings and prosecution. Which of these approaches is most effective? Filing early and broad is a sound strategy – and often key to getting ahead in a competitive and rapidly developing field. Broad early filings may be leading to broad granted patents, but it is still relatively early in the examination process for many of these patent families. While the battle to lead in CRISPR technology continues, a dominant player is still to emerge.
Filing early and broad is a sound strategy – and often key to getting ahead in a competitive and rapidly developing field.
Chris Mason Partner, MSci(Hons), LLM, MRSC, CPA, EPA