Section 2: Agriculture of the future
Cultured meat & vertical farming
Cultured meat
Cultured meat (meat produced from cells by in vitro culture methods), is known by many names, including slaughter-free, lab-grown, or cell-based meat, and the current industry favourite, ‘cultivated meat’. This technology is already a commercial reality, as the world's first commercial sale of cell-cultured meat occurred in December 2020 at the Singapore restaurant 1880, who served cultured meat manufactured by the U.S. firm Eat Just. Cultured meat production is based on many of the tissue engineering techniques originally developed for regenerative medicine. The process merges essential technologies including in vitro cultured animal cells/tissue, specialised growth media, and 3D culturing scaffolds with tissue engineering and methods of processing. Of course, food technology methods also play a role. However, questions remain whether cultured meat can ever be an affordable alternative to animal-sourced meat. Although cost-competitive production processes are in early development, innovation in this area is clearly accelerating, driven in large part by consumer demand. In recent years, a new wave of customer-facing companies has emerged, bringing various technologies together to create a viable product.
Global patent activity Focusing on organisations filing patent applications aimed at consumer products, while still at relatively low levels, filing numbers recently have increased. Half-way through publication year 2020, priority filings have far surpassed the number filed in 2019. Figure 2.1 Priority filing trend - cultured meat innovations 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.
By jurisdiction, most patent applications were filed in the U.S. (32), followed by China (26), then Europe (18). However, China-originated filings have grown dramatically – a common occurrence over the last decade across many technology areas. The majority of U.S.-originated filings are becoming international patent families, compared to China-originating filings where it appears the majority will not extend outside of China. Again, this follows the pattern we see across many fields.
Figure 2.2 Priority filing trend - top five filing jurisdictions - cultured meat innovations 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.
Types of application
Patent applications related to cultured meat commonly focus on one or more of the following technology areas:
- Methods for production of a cultured meat, e.g., all or part of the process from cell to meat product
- Apparatus such as bioreactors, increasingly adapted for large scale/mass production, filtration equipment
- 3D scaffolds, especially relating to edible scaffolds
- Culture media – in particular, for improving cell proliferation during culture and for reducing the cost of expensive components of, for example, serum replacement
- Packaging
- Animal-type specific innovations, e.g., cattle, pigs, sheep, rabbits, poultry, game species, aquatic species, etc.
Cultured meat clearly could revolutionise agriculture but remains at an early stage. The initial wave of consumer products manufacturers is battling for market and IP position. The pressure, not least from investors, is proving that in vitro meat can become a mass-market product – not just marginal, or high end – capable of competing with animal meat.
Mass market application of this technology may seem distant, in part due to huge technical production hurdles. However, this is not unusual when pursuing revolutionary, new technologies.
Notable companies
Among the top eight assignees, only half have international patent families: Upside Foods, Yissum, Mosa Meat and Aleph Farms.
Figure 2.3 Priority filing trend - top eight assignees - cultured meat innovations 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.
China-only patent filings, even if they don't limit the activities of companies not operating in China, may still present problematic prior art (evidence that an invention is already known) globally, causing problems for later-filed patent applications. However, if the China-only/relatively narrow disclosure patent filing trend continues among Chinese companies, there will be opportunities for organisations operating in the same area to achieve wide protection around this prior art. Of the assignees having international patent portfolios, the most highly forward cited is Upside Foods in California. Upside Foods’ patent applications, developed in part with support from the U.S. National Institute of Health, largely focus on genetic modification of the cell lines and manipulating cell expression:
A process for extending the replicative capacity of metazoan somatic cells using targeted genetic amendments
A platform that uses genetically enhanced cells with the potential to differentiate as skeletal muscle to avoid requiring the use of primary animal components such as animal tissues and serum
A method to increase the culture density/thickness of a cellular biomass during cultivation by inhibiting particular signalling pathways in the biomass
An edible patterned texture 3D scaffold substrate that reduces the premature detachment of the cell growth from the scaffold
Another relatively high filer, Yissum, the technology transfer company of the Hebrew University of Jerusalem, has focused its portfolio on the apparatus, systems and culture medium/growth factor areas of the field to bring down the cost of production:
A bioreactor apparatus offering reduced cost of production
A device for filtering cell culture media to enable removal of waste materials and allow recycling
A cell culture medium supplement comprising a plant protein homologue of a serum protein to allow replacement for some of the most expensive components of serum
A cell culture medium comprising a serum-free medium and a small molecule indole derivative fibroblast growth factor (FGF) activator, the culture medium offering a significant reduction in the cost of producing cultured meat
Yissum exclusively licences its portfolio to start-up biotechnology company Future Meat Tech Limited. Unsurprisingly, Future Meat says its bioreactor design helps to produce cultured meat more efficiently, at a lower cost.
Dutch food technology company Mosa Meat’s portfolio includes a range of innovation areas: providing the underlying apparatus, components that assist with tissue growth, packaging for the cultured meat product as well as toward the culture medium:
An apparatus to support a 3D scaffold and the growth of tissues from cells on the scaffold, seeking to address the difficulty in scalability of bio artificial muscle production from cultured cells by providing a less labour-intensive apparatus
Modified polysaccharide hydrogel that can encapsulate cells during the production of cultured meat to promote growth of muscle cell tissue
A method for aseptic packaging of cultured meat that reduces the number of steps required during packaging
A serum-free culture medium specifically formulated for culturing bovine progenitor cells, using a medium which includes an albumin and a fibroblast growth factor (FGF); the culture medium offers lower cost and improved cell growth stability
Implications for innovation and future patent filings Patent filings (and thus possibly innovation) in this area of tissue engineering are still at the pilot stage, but it is clear from the patent applications of the current portfolio leaders that the range of possible innovation areas is very broad. It will be incredibly exciting to watch this field mature as innovations, both iterative and ground-breaking, emerge across the spectrum. A related area of innovation, 3D printing (additive manufacturing) of meat products, should not be overlooked. For example, Israeli company Redefine Meat Ltd. has developed technology that can 3D print meat analogues from non-animal sources of protein, plant-based or cell cultured. As well as offering the potential for new culinary experiences and nutritional content control, 3D printing technology could enable food production on demand, thereby reducing waste. Where patent applications for cultured meat are predicated on previous tissue engineering innovations, there may be freedom to operate (FTO) and licensing considerations. There may also be opportunities to patent the iterative as well as ground-breaking developments that emerge. Once in vitro meat products are proven to be commercially viable and a market established, further refinement of products, for example, those with improved texture, taste, appearance, etc. will be developed, and patented. This will probably lead to adaption of the genetics, base media and equipment but also development of new auxiliary components, equipment and processing techniques. There are many precedents in the food industry for protecting such properties and even more so in a high-technology industry like this. Founding technologies also will be developed iteratively, alongside additional opportunities for disruptive, paradigm-shifting innovations. It will be fascinating to see where this industry leads.
Where patent applications for cultured meat are predicated on previous tissue engineering innovations, there may be freedom to operate (FTO) and licensing considerations. There may also be opportunities to patent the iterative as well as ground-breaking developments that emerge.
Vertical farming
Similar to a conventional greenhouse, vertical farms grow produce indoors and require control of light, temperature, and other conditions. Natural sunlight and solar heating support soil-free growing methods, including stacked hydroponic/aquaponic/aeroponic systems. Vertical farming in Europe, for example, aims to overcome conventional farming challenges of urbanization and poor weather, reduce the need for imported fresh produce, and make farming more productive. It increases urban food security, allows year-round crop production, and reduces food miles in Europe. To maintain a consistent growing environment, conditioned air must be circulated in a controlled way. This circulation challenge is made more difficult by the closely situated racks used for growing crops in vertical farms, and inconsistent air temperature, humidity, and airspeed, that can impede air flow in farm buildings. Vertical farming must also be sustainable and cost-efficient.
Global patent activity
Although patent filings of innovations related to vertical farming are still relatively few, filing numbers took off in 2013. 2020 data-to-date suggests that trend will continue.
Figure 2.4 Priority filing trend - vertical farming innovations 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.
By country of origin, the U.S. leads in filing numbers, followed by Europe. Early data from 2020 suggest that China-originating filings may soon increase, but this is pending the impact of the reduction in filing incentives.
Figure 2.5 Priority filing trend - top five filing jurisdictions - vertical farming innovations 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.
Taking a broader view of this field beyond vertical farming, the fundamental technology used in vertical farming is soilless agriculture, normally in the form of hydroponics, but also sometimes aquaponics or aeroponics. Global filing rates for innovations in soilless agriculture again have exploded in China over the previous decade. A more modest but steady increase in filings outside of China over the past twenty years is also evidenced by the patent data.
Figure 2.6 Priority filing trend - China v. rest of world - vertical farming innovations 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.
If we look at patent filings for innovations addressing the problem of pollution from the run-off of nutrients such as nitrogen and phosphorus in conventional agriculture, then soilless cultivation comes out as the most common technology area, above improvements to conventional methods of fertilising. Soilless cultivation relies on having an effective and economical light source – and recent developments in LED technology have provided what the industry needs. The growth rate in global patent filings for LED technology is strikingly similar to that for soilless agriculture:
Figure 2.7 Priority filing trend - China v. rest of world - soilless cultivation 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.
In 2010, patent applications related to vertical farming and soilless agriculture were predominantly focused on lighting-based innovation. By the end of the decade, innovation in aspects such as environmental control (e.g., airflow, nutrition), data collection/sensors and autonomous monitoring systems also started to emerge. The steady development of soilless techniques, combined with significant improvements in lighting technology and developments in airflow and monitoring may see the vertical farming industry achieve significant expansion in the coming decade. Yet, hurdles to creating a mass market, economically viable industry remain, not least in devising ways to improve yields while reducing power usage and cost.
Notable companies Panasonic and LG Electronics stand out among high filers in this area, with growing international patent portfolios. Overall, it is a very active area involving a large group of medium-level filers. Historically, Japanese companies have filed the most soilless agriculture patent applications. Recently, however, South Korean companies have taken the lead, followed by Japanese companies and U.S. companies, with Europe the next highest, but some way behind. Companies specifically targeting vertical farming applications include California entity Mjnn LLC, which has high filing numbers focused on vertical farming apparatus, in particular, a system of grow towers and means for moving them around an automated conveyance system while being exposed to precision-controlled lighting, airflow, humidity, and nutritional support. Mjnn’s applications also reference machine learning in the control systems.
Figure 2.8 Priority filing trend - top ten assignees - vertical farming innovations 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 Dutch multinational lighting corporation Signify N.V., and Osram Licht Ag, a multinational German company, are among the highest filers of lighting-based applications focused on vertical farming, as well as broader-concept growth management systems, including innovations such as:
- A lighting system able to address different parts of the plant
- Apparatus for monitoring and controlling the light intensity the plants receive
- A system for performing autonomous monitoring and optimisation of plant growth, by analysing image data and moderating application of treatments such as irrigation, lighting and air flow accordingly
- Wavelength-specific light treatments for particular plant types
Most of the filings for the rest of the assignees are similar to Mjnn’s, focused on growth tower or stacked rack apparatus and systems to expose crops to treatments and facilitate efficient management from sowing to harvest. References to simplifying procedures and to reducing cost and energy use are common, reflecting the industry’s current struggle to realise the mass-market potential of vertical farming, economically and sustainably.
Implications for innovation and future patent filings While the field of soilless agriculture is fairly mature, patent filing numbers are still growing. We can expect to see more applications focused on apparatus optimisation, lighting innovations, improved nutrient compositions and crop-specific adaptions. The more specific field of vertical farming, conversely, is experiencing its first wave of growing patent filings, with early innovators trying to solve the current, big problems in this capital-intensive, high-tech industry. If such enthusiasm and investment continue, companies will probably seek to develop their IP position with filings for solutions to manage airflow, nutrient control and lighting, that also reduce energy use and costs. A rise in applications for AI-based monitoring and management systems are inevitable, as are larger numbers of crop-specific innovations, as companies solve the broad picture problems. The race is on to see whether ultra-high tech-controlled environment agriculture – such as cultured meat and vertical farming – can meaningfully compete with (and complement) established and historically low-tech conventional farming. Yet, while these high-tech, revolutionary techniques are trying to find their feet, conventional farming is advancing technologically, utilising innovations to improve precision and reduce waste. This innovation is helping the food and agriculture industries to feed the world’s growing population in ever-more sustainable ways. It will be fascinating to see how developing innovation progresses that goal over the coming years.
What is clear, is that these are all dynamic innovation areas. Research is increasing and innovators are acting fast to establish their IP positions and protect their R&D investments.
Chris Mason Partner, MSci(Hons), LLM, MRSC, CPA, EPA