patents on food

1. PATENTABILITY OF FOOD
TECHNOLOGY PROCESS AND
PRODUCTS IN INDIA
Anshika Singla
B.Voc [FP] ,4th Sem

2. PATENT AND IT’S
ORIGINALITY
• A patent is a grant by a government that
allows an inventor to maintain a monopoly on
the use and development of an invention for a
limited period of time.
• It’s generally accepted that first systematic
patent law was developed in Venice. Then this
idea of granting exclusive rights to inventor
spread throughout Europe, into England and
then to the US.

3. PATENTABILITY ON FOOD
Any process, machine, manufacture,
composition of matter or improvement
thereof, can be patented but food must
be -
NOVEL
USEFUL
NON-OBVIOUS

4. FOOD TECHNOLOGY PROCESSING
PATENTS
The processes like –
Heating, Mixing, Baking, Frying,
Fermentation, Sterilisation,
Pasteurisation, Freeze-Drying, Storage
and Preservation etc., are modified into
an inventive and useful step which is
non-obvious as well, can be patented.

5. Kellogg’s granted patent on flaked
cereal

7. FOOD TECHNOLOGY EQUIPMENTS
PATENT
Machines which are based on modern
technology, inventiveness or modification with
higher efficiency rate are patentable in India.
Few are –
Flexible strainer
Flexible drinking straw
Industrial design on gas stove
Homogenizer
Twin volumetric filler
Pre creamer
Fruit feeder

8. Moha invents a new flexible
strainer that automatically adapts to
pans from diameter 18 cm till 24 cm.

9. Industrial designs on machinery
can also be patented

10. FOOD COMPOSITION PATENTS
Trade Secrets are often used by companies to
protect their recipes and processes but they
differ considerably from patent protection.
With a trade secret, inventors do not disclose
the inner workings or formula of the invention
and employees or collaborators usually sign
non-disclosure agreements.

11. EVERY FOOD PRODUCT HAS IT’S
TRADE SECRET

12. PATENTS ON PACKAGING
Packaging is the latest area that is seeing a raft of patent
registrations by corporate India. Companies are now filing
patent applications to protect innovations around
materials, package construction and features, technology
and equipment.
• Avesthagen - an Indian life science company, granted patent
on packaging for its Good Earth range of health foods.
• Tetra Laval - a Swedish MNC, was granted an Indian patent
for its packaging machines.
• Bilcare Ltd. - an Indian innovation-led solutions provider, has
been granted an Indian patent for its metalized packaging films.

13. Biodegradable pvc film for packaging
and process for its preparation

14. INTERNATIONAL PATENT
CLASSIFICATION
A : HUMAN NECESSITIES
A23 – Food and food stuffs; their treatment.
A23B – Preserving; by canning meat, fish, fruits,
vegetables; chemical ripening of fruits and
vegetable; the preserved ripened and canned
products. Therefore, A23B refers to a
preservation method of different types of foods
or foodstuffs.

15. SECTIONS UNDER A23B

16. PROBIOTICS
According to the joint FAO/World
Health Organization, Pro biotics are
defined as, “Live microorganisms
which, when administered in adequate
amounts, confer a health benefit on the
host”.

17. PATENTABLE SUBJECT MATTER

18. APPLICABLE INTERNATIONAL
CLASSES

19. YAKULT