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Securing a competitive advantage by seizing IP white space opportunities

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Canada’s plant-protein ingredient manufacturers and food processors are innovating at an accelerated rate. Each year brings new products to grocery store shelves and restaurant tables, helping meet the global demand for new protein options. And the progress being made in new technology means more opportunity is ahead.

“We are at the beginning of the plant-based protein revolution,” Burcon NutraScience’s CEO Kip Underwood said. “The plant-protein market, in particular, is ripe for innovation. Consumers are demanding better-tasting, healthier and more sustainable foods. Meeting consumers’ needs will require better plant proteins, which, in turn, requires disruptive innovation.”

Over the past several years, and through two Protein Industries Canada projects, Burcon has been developing and scaling production of their canola, hemp and sunflower protein ingredients. Each is a relatively new protein source, particularly in Canada, where the majority of innovation in the area to date has focused on more traditional protein crops.

This switch to newer crops isn’t unique to Burcon. According to Jennifer Jannuska, Protein Industries Canada’s Director of Data and Intellectual Property, a new Patent Landscape Report indicates that companies across the value chain are shifting both their crop and patent focus. Patent filings suggest that, where soy was previously the dominant crop used in the production of plant-based ingredients and products, companies are now most often utilizing peas, with crops such as fava, canola, hemp, lupin and sunflower increasing in R&D activity.

“It suggests there’s a good white space in non-pea-, non-soy-related technologies,” Jannuska said. “So some of the emerging protein crops that grow really well in Canada … those would be some of the white spaces that we see, as well as lots of room for processing technologies and improvements to flavour and texture.”

Jannuska explained that the Patent Landscape Report, released by Protein Industries Canada in September 2024, is a great resource for companies to better understand where such white spaces may exist. Outlining crops of focus in the sector alongside the type and number of patent filings made by companies across the value chain, it helps companies better understand where they have freedom to operate.

“Freedom to operate really refers to … not being inhibited by other people’s [IP] rights. A patent is an exclusionary right—the right to keep [others] out of a particular kind of territory, and working in white spaces makes sure that you have the maximum freedom to operate,” Jannuska said.

Planning and filing IP is critical to helping companies scale and commercialize their products. Jannuska explained it can help companies maintain their competitive edge in both Canadian and international markets, while protecting their work.

Underwood agreed, stressing how important a robust IP strategy is in helping ensure Burcon’s success.

“Commercializing new products will always take time and resources. Securing new IP can ensure we maintain that competitive advantage, which, in Burcon’s case, is important in any discussion with potential partners and prospective customers,” he said. “Burcon has developed an extensive patent portfolio covering its novel plant-based proteins and the processes to produce them. We welcome any collaboration opportunities where we can together expand and enhance the plant-based food supply chain.”

As innovation in the plant-protein space continues, companies across Canada’s ingredient manufacturing, food processing and bioproducts sector will have the opportunity to expand their product offerings while securing their competitive footprint around the world.

Featured interviewees

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Kip Underwood

Chief Executive Officer

Burcon NutraScience

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Jennifer Jannuska

Director, Data and Intellectual Property

Protein Industries Canada

Read Jennifer's bio