Patenting of recipes

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Patenting Of
Sinduja Amudanathan
Trademarks Department

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
A recipe is a set of instructions that describes how to prepare or make
something, especially a culinary dish. It is also used in medicine or in
information technology (user acceptance). A doctor will usually begin
a prescription with recipe, usually abbreviated to Rx or an equivalent
symbol. Consider that people have been mixing together ingredients
to produce different food products since the dawn of humanity-in
fact, some of the earliest known examples of written language are
food recipes. These days, most "new" recipes are merely
combinations of known ingredients in varying amounts, separate
discoveries of pre-existing recipes, or variations on known recipes.
Even if a previous version of a recipe cannot be found, a "new" recipe
could still be considered obvious.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Trademarks
Trademarks, protect only
names and brands, and not
the products to which they
are attached. This is why for
every Cronut™ there will be a
thousand completely legal
wownuts, zonuts and
doissants that provide a
similar experience, without
the hours of queuing. foods
do not qualify for trademark
as they do not distinguish
your goods from another
company’s goods
Recipes and
Intellectual Property
COPYRIGHT
Take copyright. A recipe when published
in a book or on a blog will create a
copyrighted work, but that applies only to
the written expression of a recipe – not to
the idea or taste of it. As far as food is
concerned, copyright is a complex area as
sometimes a list of ingredients or a
specific method of cooking may not be
enough to obtain copyright protection.
However, a cook book containing recipes
can be copyright but not the recipes itself.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Trade Secrets
Broadly speaking, any confidential commercial
information which gives a competitive edge
may be considered as a trade secret. Within
the food industry this includes recipes,
formulae, manufacturing processes and,
potentially, sales and distribution methods.
Trade secrets are protected without
registration and thus enjoy protection for an
unlimited period of time
Design Rights
Design rights give protection to existing
designs such as lines, shapes, textures or
materials. It is often used with food stuffs
and covers the making, using, putting on to
the market, exporting and importing of the
product.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The concept of food patenting is a relatively new phenomenon. Patents
cover a broad range of areas within the food sector; everything from
the composition of the food itself, to the actual process of making the
food. It is possible to patent new ingredients, new products,
packaging, processing methods and novel applications. Innovation in
food technology often results in new ingredients and products which
may be patented. A food business should seek to register a patent in
circumstances where, for example, the packaging features provide
storage advantages, or improves delivery to the consumer in a novel
fashion and involves an inventive step in the process. Likewise,
patents are useful if the production method for creating food is
unique as this creates difficulties for competitors trying to imitate
your product. Patents in this field ensure inventions and ideas are
protected long term so the original inventor has the opportunity to
recoup the initial financial investments
Patents

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
In order to be patentable, a recipe must meet all of the patentability
requirements set forth in the U.S. Patent Act. For an invention to be
patentable, it must:
• Be considered patentable subject matter,
• Be useful,
• Be novel (new), and
• Be no obvious.
Patentable Subject Matter:-
“Whoever invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and useful
improvement thereof, may obtain a patent therefore, subject to the
conditions and requirements of this title. “
• Recipe contains a Process” and a “composition of matter.”
• composition of matter- Ingredients
• process- step by step directions
Patentable Subject Mater and RECIPE

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
A food product or recipe typically has three components:
1. A list of ingredients,
2. Instructions on how to combine and
3. Cook the final product resulting from the first two components.
In terms of patentable subject matter,
1. A list of ingredients  composition of matter and/or manufacture
2. Food product is produced  a process.
3. So the short answer is yes, recipes are eligible for patent protection
because they potentially contain patentable subject matter.
(Therefore, a recipe can be considered patentable subject matter
and we can move along to the next requirement.)

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Useful
This is a relatively simple burden to
meet and does not warrant much
discussion here. The term “useful”
simply means that the subject matter
has a useful purpose and includes the
element of operativeness. In other
words, the invention must be able to
perform the intended purpose in
order for it to be useful. Recipes will
easily meet this requirement, as they
are “operative” as defined here.
Novelty:
For a recipe to be novel, it must be
totally unique. You may have created
the best tasting barbecue sauce in the
history of time, but if a previous recipe
somewhere in existence outlines a
similar process and ingredient
combination, your application will
probably be rejected.
Obviousness:
Most applications for utility patents
are rejected based on this criterion.
For a recipe to be "not obvious", it
must yield a final product that is
unexpected in some way. In other
words, if I combine peanut butter and
chocolate and get a chocolate peanut
butter candy, that would be
considered a pretty obvious result.
However, if I were to combine them in
such a way, maybe by adding in special
ingredients or by using a newly
invented baking process that
produced unexpected results, I just
might have a case for a patent.
However, even in that case, I'd most
likely be patenting the new process,
not the list of ingredients themselves.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Indian Patent Law
Patent Amendment 2005 of the Indian Patent Act 1970, as we all know, has
introduced product patent protection for food, pharma and chemical
inventions. If we look at the Indian Patent Database, we will find a number
of granted patents and hundreds of patent applications on one or other types
of food compositions No matter whether the recipe is for humans or pets, it
passes the utility criteria. And the more novel and non-obvious the composition
is, of course, the stronger would be the chances of getting a patent.
A recipe is a set of instructions for preparing a particular dish, in essence
it is a mixture of a number of ingredients and a process for preparing
them.
Section 3 (e) of the Patent Act states that ‘mere admixture resulting only
in the aggregation of the properties of the components thereof or a process
for producing such substance’ cannot be protected as an invention.
However, there are a number of patents granted food compositions and
methods/process of preparation but not food recipes per se.
contd….

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Two Steps Involved:
• 1. An invention have to overcome the three-step test of novelty,
inventiveness and usefulness.
• 2. The recipe or food composition doesn’t fall under the scope of
Section 3 (e) is secondary.
STEPS INVOLVED

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Patentability Of food in India
Food recipes are definitely patentable in India, though
keeping in mind the below:
1.Mere admixture of known ingredients. (The recipe should not be within
an ambit of Section 3 (e))
2.he recipe must involve a special feature, an inventive step (for example,
achievement of unexpected results such as fat free, sugarless yet retaining texture
and flavor, addition of certain off shelf ingredients such as antioxidants, having
nutritional/therapeutic value addition over similar known food products and very
importantly new process steps, namely, heating for a particular time in a particular
temperature range to get an unexpected result which would not have been obvious
for any skilled artisan to achieve in view of prior art, other defining process steps
can be mixing, freezing, fermentation, preservation, aging, grinding etc.)
3.A process claim for a new recipe would have a better success rate of
obtaining a patent than composition, (again depending on inventiveness
of the composition itself) but at the same time enforceability of the
protected IP should be considered and balanced out.
4.A skillfully drafted patent application claiming the elements
intelligently.
5.If a recipe does not meet the patentability criteria, there are always
options such as copyrights and Trade secret available to get a certain
level of protection

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The United States Patent and Trademark Office, or USPTO, is responsible
for reviewing patent applications of new inventions. If you create a
new food product that you intend to sell, obtaining a patent is
beneficial since it provides you with legal protection in the event
another person or organization tries to profit from your food
invention. However, preparing your non-provisional utility patent
application requires a number of documents that can take some time
to prepare.
• Step 1
Search the USPTO database for existing patents. The USPTO online
database allows you to search through existing food patents using a
number of search parameters, such as patent number, date of issue
and product descriptions. Prior to filing a patent application, you must
insure that your food product is unique, meaning that a patent
doesn’t exist for the same product.
Contd…
Steps for filing patent application in US for
RECIPES:-

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Step 2
Prepare the utility patent application payment form. When filling out the
payment form on Form PTO/SB/05, you must include your full name,
the title of the food product you seek patent protection for and a list
of all documents you are submitting with the application.
• Step 3
Draft a written description of the food product. Your description must
include the information for each of the 13 headings the USPTO
requires under the specifications section in its Guide to Filing a Utility
Patent Application. Write “not applicable” under the headings that
aren’t relevant to your food product.
• Step 4
Draw pictures of the food product in black and white. Multiple drawings,
each depicting a different angle or view of the food product, are
necessary if you’re unable to include all distinguishing characteristics
in a single drawing. Each view must be appearing on a separate page.
contd….
DATA EXCLUSIVITY (DE)

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Step 5
Fill out an oath or declaration form. The USPTO provides standard oath
and declaration forms on its website for download. Regardless of the
form you choose, you must report the food product’s title, your
address and country of citizenship and the names of all inventors on
it.
• Step 6
Prepare a fee transmittal form. Obtain Form PTO/SB/17 from the USPTO
website and follow the instructions to calculate the appropriate
patent application fee. The USPTO requires that you make payment by
check or credit card at the time of filing your patent application.
• Step 7
File your food product patent application. You can submit all patent
application materials electronically using the USPTO’s EFS-Web
service. The USPTO encourages electronic applications and increases
the fee if you decide to file on paper. If you prefer to file by mail, send
all your paperwork to the address listed on the application.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• POP ROCK
The concept was patented by General Foods research
chemist William A. Mitchell in 1957.[1]
The candy was
first offered to the public in 1975. In 1983, General
Foods withdrew the product owing to its lack of
success in the marketplace and to its relatively
short shelf life.Distribution was initially controlled to
ensure freshness; but with its increasing popularity,
unauthorized redistribution from market to market
resulted in out-of-date product reaching consumers.
After that, Kraft Foods licensed the Pop Rocks brand
to Zeta Espacial S.A. who continued manufacturing
the product under Kraft's license. Eventually Zeta
Espacial S.A. became the brand's owner and sole
manufacturer. Pop Rocks is distributed in the U.S. by
Pop Rocks Inc. (Atlanta, Georgia) and by Zeta Espacial
S.A. (Barcelona, Spain) in the rest of the world. Zeta
Espacial S.A. also sells popping candy internationally
under other brands including Peta Zetas, Fizz Wiz and
Magic Gum.
PATENTED FOOD

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
A PROCESS FOR THE PREPARATION OF DEEP
FAT FRIED POTATO CHIPS
• This invention relates to a process for
the preparation of deep fried foods,
forge. potato chips comprising slicing
of cleaned potatoes, blanching slices
potato in 2'/i calcium chloride
solution and 0.5-1 /. sodium acid
pyrophosphate for 3-5 mins frying
said blanched potato slice and then
treating the same with a 5-6 .
solution of low methyl content pectin
at room temperature,
dipping/soaking said slices in 0.25-
0.3'/ carboy methyl cellulose (CMC),
drying again the treated slice of
potatoes and then subjecting the
same to the step of deep fat frying,
adding known flavor material and
spices to said slices during the step of
deep fat frying in order to prepare
the thin product.

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
A WHEAT CHOCOLATE BAR FOR SUSTAINED
ENERGY RELEASE
• This invention relates to a wheat
based chocolate bar comprising 20
to 32% of carbohydrate, 5 to 18% of
dry fruits and/or nuts, 5 to 15% of
milk powder, 4 to 12% of
sweetener, 10 to 22% of glucose,
0.5 to 3.5% of cocoa powder, 20 to
38% of cocoa butter/fat, 0.3 to
0.8% of emulsifier, 3 to 8% of
glycon glycerin.
• This invention relates to a process
for preparation of wheat based
choclate bar specifically, but
without implying any limitation
thereto, as pre-game and game-
period snack for sports persons.

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
A CHOCOLATE FOOD PRODUCT OR INGREDIENT AND
THE METHOD OF MAKING SAID FOOD PRODUCT OR INGREDIENT
• The invention provides novel means and methods for manipulating cocoa and milk
ingredients, Tor example, tu produce edible oil-iri-wnter suspensions and
optionally drying the suspensions to reduce the moisture or water activity level. In
one embodiment, cocoa products am used to produce a gel network formed by
cocoa starches and/or proteins. The suspension is formed with milk proteins and
cocoa solids and also comprises crystallized cocoa butter as a dispersed component,
and water or skim milk as the continuous phase or aqueous phase, and the
suspension is optionally dried to reduce the moisture content and/or manipulate
the final texture or characteristics. The compositions, products, and ingredients
possible according to the invention provide nove! methods and components for low
or reduced calorie or sugar free chocolate products or ingredients having the same
cocoa content as conventional tjhocoiale and/or falling within the standard of
identity for chocolate products. In addition, the production and packaging options
far chocolate products arc expanded by the use of the invention as the viscosity of
the chocolate product or ingredient can be varied easily without specific reliance on
cocoa butler contend

19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FRONT PAGE DRAWINGS
WRITTEN DESCRIPTION CLAIMS
To help show the similarity
between a cookbook recipe
and a patent, the above
fictional patent is based
upon an imagined caramel
chip cookie recipe (please
don’t actually make the
recipe, it is for teaching
purposes only). Not all
utility patents look just like
this patent, which was
written specifically for this
guide, however most have
the same basic four parts
(some don’t have
drawings).
Recipe Patent Claim

20. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
1. By gaining patent protection, our inventor will have a monopoly over
the processes used to produce carrot flavoured sports drinks (and
potentially all root vegetable flavoured sports drinks depending on the
broadness of patent protection gained). If the product is a success, the
patent holder has a number of options as to how they can proceed:
2. The patented technology can be licensed to third parties to enable
them to make their own carrot sports drinks using the patented
process. In return, the patent holder can receive royalties or set
payments for the use of the technology which will provide valuable
income.
3. The patent holder may use the technology themselves and gain a
strong market monopoly as the sole supplier of carrot sports drinks. If
necessary, the patent can be enforced against competitors trying to
use the same process.
4. The patent can be sold outright to a third party for a set price,
allowing the new owner to use the patent and the associated rights at
their discretion.
What are the benefits in gaining patent
protection

21. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
What that statute is basically saying is that if the invention
does not already exist, then it may be patentable. If there
your recipe is found in any prior art, you will not meet the
elements of this requirement, unless there are differences that
may be non obvious.
Going hand in hand with the novelty requirement is that of
non-obviousness. In order for an invention to be patentable,
it must also be non obvious over the prior art. The test used
is here is whether or not the invention to be patented would
have been obvious “to one of ordinary skill in the art.” The
kicker here is that a Patent Examiner will not look at each
prior art item individually, but may combine different art to
read your invention as obvious. Being that recipes are mostly
a combinations of known ingredients n specified amounts or
variations of known recipes, the result you create may be
found to be obvious to a person having ordinary skill in the
culinary arts.