Did you know that the use of beetroot juice in increasing an individual’s VO2 max has been patented, or that a patent is pending to the use of a probiotic for improving training endurance? Or have you heard that there’s a patent application directed to a broccoli sprout extract which reduces blood lactate accumulation during exercise?
World IP Day falls on 26th April and this year’s theme belongs to sports tech. This article seeks to provide a brief snapshot of the contribution sports nutrition makes to the innovation landscape, and what kind of innovation is patentable in this space.
A hotbed for innovation
It is common knowledge that the pharmaceutical industry is underpinned by research and innovation which is constantly pushing at the boundaries of what is possible in providing therapeutic solutions to the diseases and disorders afflicting society. However, the nutraceutical and functional food sector is proving that it too is a hotbed for research and innovation, as well as competition. Indeed, as it currently stands,food chemistry patents have the highest opposition rate before the European Patent Office (EPO), followed by pharmaceutical and polymer patents.
This reflects the rapid growth within the market of functional foods, providing health benefits beyond basic nutrition. The European Functional food market size is projected to nearly double to USD 111.13 million by 2034. A strong driver of this growth is in the soaring popularity of sports nutrition. Attitudes towards health and fitness are continuously shifting and previously specialist products are now breaking into the mainstream market, expanding the pool of target customers.
In an increasingly crowded market, where the innovation landscape is constantly evolving, protecting an innovative product and its potential future market share is vital. Whilst trade secrets and know-how can be very useful, they do not prevent competitors reverse engineering the products of innovation. Companies with registered IP rights, like trade marks and patents, and other intangible assets that can be accounted for more easily in company valuations, tend to attract more investor attention. Registered rights can also open up licencing opportunities or help formalise collaboration agreements with bigger players. Patents can also be of marketing value in and of themselves by highlighting a company’s innovation credentials.
What can you patent in sports nutrition?
Patents can protect almost all inventions that are novel and provide a non-obvious solution to a technical problem, and sports nutrition is no exception. This may cover new products or formulations, as well as new methods of preparing products. However, it also extends to new uses of (even known) substances, such as new sports-related uses.
For example, Velositol® and Nitrosigine® are both patented complexes used as nutritional supplements to improve sports performance. Velositol® (a complex of chromium and amylopectin) enhances muscle protein synthesis, while Nitrosigine® (a form of inositol-stabilised arginine silicate) has been shown to increase nitric oxide levels after regular consumption. Nitric oxide relaxes and widens blood vessels, allowing more blood to flow to the muscles. A dietary source of nitrate may instead be used to increase the body’s nitric oxide levels by consuming, of all things, beetroot juice (Beet It®), the use of which has also been patented for increasing VO2 max levels.
Given the growing understanding of the extensive impact of the gut microbiome on health and wellbeing, it is perhaps not surprising that probiotics may also offer a source of innovation that can be of relevance to sports performance. V·Nella, a supplement formulated by FitBiomics, contains Veillonella atypica and is the subject of a patent application at the EPO directed to its use in increasing training endurance by metabolizing lactic acid. Meanwhile, the sports drink Nomio – derived from a broccoli sprout extract containing highly bioavailable isothiocyanates (ITCs) – has been shown to activate NRF2 (which regulates cellular antioxidant, detoxification, and anti-inflammatory responses) and shift lactate metabolism beneficially to improve exercise performance. Nomio is also the subject of a pending patent application at the EPO.
Patentable sports nutrition does not even have to be related to physical sports. nooLVL is a patented bonded arginine and silicon complex with inositol, which has been found to improve focus and concentration. nooLVL is marketed towards gamers, showing how nutrition for E-sports can be the subject of patentable innovation too. Indeed, functional foods incorporating cognitive enhancers (so called “nootropics”) are commonplace in sports nutrition (and not just limited to caffeine!).
Advancements in technology such as wearables, AI-driven data, microbiome assessments and the integration of multi-omics mean that sports nutrition-related patents are also moving beyond pure biochemical-based innovation. Wearables and microbiome assessments can track important biomarkers of metabolic health, whilst AI can analyse large amounts of data to facilitate the personalisation of nutrition. Sports nutrition seems set to evolve further to integrate these additional technology advancements, opening up entirely new categories of patentable invention.
A number of products are likely to be joining creatine, rehydration beverages, and protein bars on the shelves as sports enthusiasts increasingly look to newer functional products for increasing physical performance, aiding recovery or even improving mental acuity for sport. Biohacking no longer looks like just a fad. Will beetroot juice be on your breakfast table any time soon?
