The composition of matter claims are very valuable “because they cover any use of the claimed matter, regardless of the process by which it was produced or how it is being used,” said Burcon CEO Johann Tergesen.
“Unlike application or process patents where it can be more difficult to establish that an infringement has occurred, enforcing composition of matter patents simply requires that the matter in question demonstrates the same beneficial characteristics of the matter that is patent-protected,” he said.
“For CLARISOY, these characteristics, amongst others, are its unique solubility and transparency in solution, and absence of taste or smell.”
CLARISOY is heat-stable, 100% soluble and transparent in acidic beverages, with no off flavors or odors and no ‘beany’ taste sometimes associated with soy, making it ideal for sports nutrition beverages, fruit and fruit-flavored juices, powdered beverage mixes and fortified waters, says ADM.
Its 20-year license agreement with Burcon gives ADM exclusive rights to sell CLARISOY across all markets and in all potential product applications. Under the deal, ADM pays Burcon a percentage of net revenues as royalties.