The Beer Patents

A controversial patent issued by the European Patent Office (EPO) in 2016 which raised quite a few objections were two patents (EP2384110 and EP 2373514) jointly owned by global brewery giants Carlsberg and Heineken. These patents were issued to protect a barley strain defined as improving the taste of beer and allowing for a more energy-efficient brewing process.

These patents are being contested by legal experts among other due to the fact that it allegedly violates EPO patent law which prohibits patents being granted for conventional or historic methods of breeding as these patents reportedly protect barley strains are bred through conventional means of barley cultivation and beer brewing instead of those which are genetically engineered. It should be noted that according to standard World Intellectual Property Organization (WIPO) protocols accepted by most (if not all) patent offices that anything that could be considered historic knowledge is excluded from patentability and traditional brewery methods are considered to fit this category as they’ve been practiced for hundreds of years, with evidence of the earliest iteration of its predecessor process (brewing beer) being recorded since 3,500 BC.

In conclusion, this upcoming case provides an interesting insight into what is to come when considering patents associated with alcohol and biotechnology.