IP Ingredients: How food companies are using IP to stay ahead of the GLP-1 curve

The impact of GLP-1 on the food and beverage sector

GLP-1 agonists, best-known under the brand names Ozempic® and Wegovy®, are medicines used to treat type 2 diabetes and obesity. They work by mimicking the action of the hormone glucagon-like peptide-1, causing the body to make insulin, lowering blood sugar levels, and increasing the feeling of fullness (satiety) after eating. The use of GLP-1 drugs has exploded in recent years, with the global market expected to reach $150 billion by 2030[1].

The side-effects of GLP-1 medications, such as reduced appetite and gastro-intestinal effects, are already driving a change in consumer behaviour. As the number of GLP-1 users increases, consumer preferences are beginning to shift away from packaged foods and indulgent snacks, such as crisps, confectionery and baked goods, towards healthier, whole and functional foods, and smaller portions.

While this shift may present challenges for some food and beverage companies, for others it represents an enormous opportunity in the shape of a new population of GLP-1 users.  By developing food products which provide high nutritional value in small portions, and new formulations which are designed to help regulate blood sugar, food and beverage companies are responding to the needs of GLP-1 users.   Companies are also taking advantage of the weight loss boom by marketing new product lines specifically aimed at GLP-1 users, those who are coming off the drugs, or those who are seeking a non-medical approach to weight-loss.

However, the companies that will benefit the most from the GLP-1 trend are not those who have responded fastest to the recent rise in weight-loss drugs. Rather, it is the companies who not only anticipated the trend, but proactively innovated and ring-fenced their innovations with a robust IP strategy.  Below, we look at two companies who have done just that.

How food & beverage companies are responding

Nestlé

In December 2024 Nestlé launched BOOST® pre-meal, a protein-rich nutritional shot aimed at those taking GLP-1 receptor agonists or other weight-loss drugs.   According to Nestlé, consumption of the shake results in an increase in natural GLP-1 which helps to control the feeling of hunger.   The product is based on whey protein microgel technology which is said to enable high concentrations of whey protein to be delivered in liquid form.  However, Nestlé’s innovation and IP portfolio in the area of whey protein has not simply been a response to the recent surge in the use of GLP-1 drugs.

As far back as 2012 Nestlé filed a patent application for the use of whey protein micelles in the prevention or treatment of obesity, as well as the non-therapeutic use of whey protein micelles to increase satiety, and was awarded a granted patent in Europe in 2017 (EP2768324B1).  The patent was subsequently revoked following an opposition filed by Arla Foods in 2019, and then reinstated on appeal in 2023.

Despite these challenges, the company’s early recognition of the importance of weight management technology and the defence of its IP will now be paying off as the sector explodes.  Furthermore, the company continues to innovate: in the last 10 years, over 100 patent families in the name of Nestlé have been published relating to whey proteins[2].

The brand protection process started even earlier. Nestlé appear to have filed their first trade mark application for BOOST® in Switzerland before filing a series of international and national trade mark applications to extend protection of the brand throughout the world. The portfolio now consists of over 120 active trade mark registrations for BOOST® and variants such as HAIR BOOST®, COMPLEXION BOOST®, BOOST BREEZE®, BEAUTY BOOST®, BOOST OPTIMUM®, BOOST SPORT® and various others.

Obtaining trade mark registrations in numerous jurisdictions can take time and present challenges. It is possible that some of the applications for BOOST® could have encountered objections on the basis that the term would be perceived as describing a characteristic of the goods applied for (e.g. nutritional supplements and food, beverage and dietic substances that improve (i.e. boost) energy or other aspects of health). Objections can slow down the registration process. It is also generally advisable to conduct clearance searches prior to using or seeking to register a trade mark to identify potential third party opposition and infringement risks. As it is important to secure trade mark registrations (or at least file the application) prior to launching a product, it is likely that Nestlé factored in the potential issues when devising the international filing strategy to ensure that robust protection was in place prior to launch.

Optibiotix

While some products like Nestlé’s protein shot are designed to complement GLP-1 therapies, other food and beverage companies are focussing on natural alternatives to GLP-1 drugs, recognising that not everyone wants or can access a pharmaceutical solution to weight-loss.  These alternative products may be plant-based, dairy-based, probiotic-containing (e.g. Pendulum’s Akkermansia probiotic), or prebiotic-based.

An example of a prebiotic-based product is SlimBiome®, part of a range of weight management foods marketed under the GoFigure® brand by UK-based company Optibiotix Ltd.  The company has obtained a European patent (EP3065569B1) which covers the use of a composition containing a microbiome-modifying component comprising a fructooligosaccharide (FOS) prebiotic in the treatment of obesity, diabetes, elevated cholesterol and heart disease.

While Nestlé’s patent protection is limited to specific uses of its whey protein micelles, the Optibiotix patent also claims the composition in its own right, thereby providing a scope of protection which covers any use of the formulation.  Innovators who develop a completely new formulation can therefore, in some cases, benefit from broader patent protection compared to those who re-purpose existing formulations for new uses.  On the other hand, if a composition has to be very narrowly defined in the patent claims in order to establish novelty, competitors may be able to easily design around the patent and avoid infringement.  Consideration should therefore be given to which claim format provides the best protection for a given product.

On the branding side, Optibiotix have secured trade mark registrations in Australia, China, the EU, India, Japan, New Zealand, Pakistan, South Korea and the US, which are presumably key export markets and perhaps jurisdictions in which there is a immediate or growing demand for natural alternatives to GLP-1 drugs. The portfolio covers a family of BIOME marks such as FITBIOME®, SPORTSBIOME® and LEANBIOME®. The registrations generally cover broad specifications, which is particularly useful should Optibiotix seek to diversify their product offering in future.

Final thoughts and take-aways

By identifying future trends, tailoring products and brands towards those trends, and developing a complementary IP strategy, food and beverage companies can position themselves to profit from changing consumer preferences which can otherwise be detrimental to sales figures.  By patenting core technologies that align with future trends and obtaining registered trade marks before key brands are launched, food companies can also prevent competitors from reaping the benefits of their early investments once the trend takes off, thereby securing their position in the market.

While the rise of GLP-1 drugs currently takes centre stage, food companies should therefore have one eye on the future – what will the next trend be?

For any questions relating to the above, please contact the authors, Jennifer Bailey ([email protected]) and Jason Chester ([email protected]).

[1] https://www.pwc.com/us/en/services/consulting/business-model-reinvention/glp-1-trends-and-impact-on-business-models.html

[2] Search terms: “whey and protein” in title, abstract or claims; applicant:  Nestle; IPC code: A23; “glp-1” in all text fields.

This article was prepared by Partner and Patent Attorney Jennifer Bailey and Trade Mark Director Jason Chester