India Food Recipe Patenting – Intellectual Property


India: Patenting food recipes in India

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The most obvious question is whether food patenting is possible. Yes, of course, you can patent your unique recipe. However, there are some things the patentee should keep in mind before applying for a patent on their food recipes. The patent application for the food recipe should be carefully drafted. For a patent application to be granted, the food recipe must meet three requirements: novelty, non-obviousness and industrial applicability. Further, the food recipe cannot be a “simple mixture of substances resulting in the aggregation of the properties of the components” according to Section 3(e) of the Patent Act.

The food recipe patent can be written to claim the process or composition (ingredients) used to make the food. In India, requests for treatment have a higher acceptance rate. The process of making the food recipe, including the steps such as cooking, heating, stirring, grinding, etc., if found new and inventive, then it is more likely to be accepted. If there is a new step involved that results in increased shelf life or provides nutritional benefits, claiming the same can improve the chances of obtaining a patent grant. For example, a food product preservation procedure to deactivate microorganisms in food products by activating an edible phenolic compound in food and the result is subjected to the high pressure conditions.

Take the example of a patent already granted in India, “Preparation of a bread without sugar [Application no
483/DEL/2004]. Although the process of making a bread is well known and obvious to anyone skilled in the art, the issued patent deals with the mixing of a few ingredients that results in a bread without sugar. The main purpose of the application was to illustrate the preparation with process claims.

From the above information, we can clearly summarize that patent drafting plays a key role in food patent applications. Standards such as ingredients, proportions, mixing or cooking time should be as broad as possible to discourage potential competition from writing around claims with small variations. For example, if you mix sugar into your recipe, claiming the ingredient as a sweetener (which may include honey, corn syrup, etc.) rather than sugar will provide much broader protection to the product. food patent. Another thing to keep in mind is that claimed ranges must not only protect your invention, but also not be broad enough to infringe on someone else’s patented recipe. Plus, if your recipe doesn’t meet the requirements to be patented, don’t be discouraged, there’s always an alternative available. You can go ahead and include this recipe in a book or magazine and get the copyright for the recipe or you can still keep the recipe as a trade secret and prevent others from copying your recipe.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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