Abstract
Animal fat has been produced by rendering carcasses and trimmings since time immemorial. Fish oil has been used as lamp oil and as a source of vitamin D and has also been partially hydrogenated for use as hardstock in margarine. The production of animal carcass fats can be regarded as a mature process. Nowadays, fish oil is used mainly as a feed ingredient in fish farming, so a novel source of ω-3 fatty acids has been sought and found in algal oil; this has led to a spate of patent applications. The scale of production of these oils is still small, but because industry has high hopes of increasing this scale, the use of algal oil as raw material for biodiesel is also envisaged. This chapter gives an overview of the patent literature concerned.
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Notes
- 1.
These inventors originally worked for the Dutch firm Gist-Brocades BV, a company producing yeast, penicillin, enzymes, and related products. It was taken over by DSM, another Dutch company which started as a state-owned coal mining company but evolved into a major chemical company moving into the life science area; hence this acquisition.
- 2.
Early in 2011, DSM acquired Martek Biosciences, so future applications will be by DSM only.
- 3.
The original application (WO 2010/090506) is in Spanish, which is rather obvious from its English translation.
- 4.
When copying this list, I noticed that the solvents had been listed alphabetically.
- 5.
See also http://lipidlibrary.aocs.org/processing/marine/index.htm for the chapter on marine oils this author contributed to The Lipid Library.
- 6.
The patent (Best et al. 1999) reports that the oil in Example 11a had a 100 times lower phosphate (sic) content than the oil in Example 10, but no absolute figures are given.
- 7.
The patent data all refer to laboratory or semitechnical experiments.
- 8.
The Espacenet INPADOC database does not provide information about the legal status of this patent.
- 9.
- 10.
I tend to read all these almost identical claims with a highlighter nearby to pick out the minor way in which each claim differs from the others.
- 11.
Since I had never come across a situation where a dependent claim specifies a wider range than has been specified in the claim on which it depends, I went to counsel (Dr. Scott Bloomer) and got as comment: “Good catch.” The Examiner made a mistake by allowing claim 4 of the granted patent, which in the application read: “4. Method as in claim 2 wherein said digesting of said marine material is subject to predetermined pH and predetermined time conditions.” Apparently the Examiner objected to this wording and insisted on a quantitative description with the unfortunate result that the next, dependent claim became too broad.
- 12.
So the inventor whose name is written as Oistek Hostmark in the US and Australian Applicaton Publications, as +sten H|stmark in the Canadian application, and as Oeistek Hoestmark in the Espacenet family list has his name spelled as Øistek Høstmark in the PCT Application Publication. This last way of spelling looks the most likely.
- 13.
In some countries, the patent has been applied for by or granted to Marine Lipids AS, but this company has now been taken over by Denofa AS.
- 14.
The patent does not talk about a “miscella” but about a “solvent extract.” It was written by somebody who was not familiar with the edible oils and fats jargon.
- 15.
The maturity of the field is also illustrated by the large number of references cited in recent patents. The Cargill patent (Schaefer et al. 1998) has about 60 references, several of which are more than 60 years old.
- 16.
This is a polite way of saying that I don’t believe a word of it.
- 17.
According to the front page of this European Application, it has been applied for by a company called G. van Wijnsberghe en Co. in Veurne, Belgium. As the company is Belgian, it is more likely that the name should be written as “Van Wijnsberghe” with a capital V. That is the spelling I have adopted for the reference.
- 18.
The inventors live in Belgium, a country that is not only famous for its chocolate confectionery but also for its chips (French fries).
- 19.
A patent (2 412 664 B) has been granted in the UK, but Inpadoc has no further information.
- 20.
“A plurality of” is patent jargon for “several.” Another way of saying the same is, “at least one” rather than “one or more.” In the text this is then referred to as “the at least one suction tube.”
- 21.
I find “inside the vessel” easier to understand than the original text, which says, “positioned within the vessel.”
- 22.
None of the dictionaries I have at home mentions the word “malaxation,” but in articles describing oil extraction from olives, it is the common descriptor of a slow mixing process that loosens oil from the solids present on the paste and breaks down the O/W emulsion.
- 23.
Be on the safe side. Soften every quantitative statement by including “about.” Of course, claims 11–14 also included several “abouts,” but for readability’s sake, I left them out.
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Dijkstra, A.J. (2013). Production of Oils and Fats from Single Cells and Animal Raw Materials. In: Edible Oil Processing from a Patent Perspective. Springer, Boston, MA. https://doi.org/10.1007/978-1-4614-3351-4_2
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