Microbiologist discovers unique fermentation process for beer preservation

Rafiq's discovery and its commercial implications

Rafiq is a microbiologist who is employed as a senior beer brewer for a local Perth brewery “A Brew Above the Rest” (ABAR). His role involves doing specialised experimental fermentation trials involving combinations of malted grains, natural sugars, water, various hops and yeasts to develop new products which are marketed and sold as boutique beers. Over the years, he has conducted many experiments, working with different strains of yeast and trying different combinations of ingredients to produce enhanced beer products.

Whilst engaging in some trials at ABAR’s laboratory, Rafiq discovers to his great delight and amazement that if he combines a specific recipe of ingredients with one very specific strain of yeast, and follows a specific fermentation temperature sequence, then a by-product is produced in the brew which acts as a natural preserving agent for the beer. The outcome is that, due to the generation of this by-product as a result of him following this specific, unique fermentation process, the resulting beer retains the same youthful, fresh quality as when it was first produced.  

Rafiq quickly realises the enormous positive commercial implications of this, for there is no known beer-brewing fermentation process that in itself can produce a by-product allowing for the indefinite preservation of the beer. Rafiq does not inform his employer of this new fermentation process he has developed, but continues to use ABAR’s laboratory after hours to refine the process. He also sends batches of beer samples to two expert beer brewers in Queensland who are friends of his. He asks them to keep all information about the process confidential and provide him with feedback on the quality of his brew and the effectiveness of the by-product at preserving the beer’s freshness. This feedback enables Rafiq to further refine and perfect the process for fermenting this blend of beer with its unique preserving component. His recent showing of his beer at a recognised, international Brewing Trade Fair in Las Vegas, USA, also generates much interest and gives him encouragement that he is really onto a good thing.

Three months after the trade fair, Rafiq files a patent application in respect of the unique fermenting process. Unfortunately for Rafiq, the Managing Director of ABAR finds out about Rafiq’s secret experiments and his unique fermentation process and he advises Rafiq that he intends challenging him for ownership of the patent.  

1. Whether the patent application is likely to succeed, and

2. In the event of the patent application being successful, who will likely be given ownership of it, Rafiq or ABAR.