This document summarizes an event on intellectual property in the food industry from an Indian perspective. It discusses various types of intellectual property rights relevant to the food industry, including patents, trademarks, industrial designs, and copyright. Specific examples of patents related to food compositions, processes, and probiotics are provided. The importance of intellectual property protection for food-based businesses is emphasized.

1. Intellectual Property in
Food Industry:
An Indian Perspective
March 21, 2016 - Better Process Control
School (USFDA) workshop at Bhaskaracharya
College of Applied Sciences (BCAS),
University of Delhi

2. AGENDA
Protect Your IP Against Competitors
Ensure that Your Business & Products
Compete Well With MNCs in Global
Marketplace

3. What is Intellectual Property?
Intellectual property (IP)
Creation of the human mind i.e.
human intellect —
- Intangible property
- Translated into tangible products

4. What is IPR?
Legal protection of Intellectual property (IP)
Different types of Rights associated with
- Inventions, discoveries, writings, product designs,
brands, trademarks, design registration, copyright and
other creative works.

5. Two Categories of IPRs
• Industrial Property Rights
• Copyright and Related Rights

6. Industrial Property Rights
• Patents
• Industrial designs
• Trademarks and Service marks
• Geographical indications
• Trade Secrets

7. Trade Secrets
Maintain its secrecy (e.g. the recipe for Coca
Cola or the ingredients in KFC).
With a little IP awareness, you can help ensure
that your organisation maintains its competitive
advantage.

8. Copyrighted Works
• Literary works
• Artistic works
• Computer programs
• Source Code

9. Intellectual Property for Business:
Fundamentals of Understanding Intellectual
Property

10. Is Intellectual Property a Business Asset?
Protect
Create
Succeed

11. IPRs for Public Good
IPRs contribute to the enrichment of society through
the availability of new and useful goods, services and
technical information.
• Encourages innovation and creativity.
• Boost innovation.

12. Importance of Protecting IP for Food Based
Businesses
IP rights provide a legal means by which its owner can
control the use and exploitation of that IP, for example, by
- Preventing copying or use, or through licensing
- IP rights form the bedrock of most global brands
Better Process Control School (USFDA) workshop at Bhaskaracharya College of Applied Sciences (BCAS),
University of Delhi

13. Patents
Patents provide protection for inventions that have a
technical character. In addition, the invention must be:
(i) novel, meaning that it has not been previously published
or publicly disclosed;

14. Patents
(ii) inventive, i.e. it is not an obvious development over what
was already known; and
(iii) industrially applicable, which means that it can be used
in industry or agriculture or made by an industrial process.

15. Patents
Patents have a lifespan of 20 years from the filing date of
the application (subject to the payment of annual fees), and
have a territorial effect. Therefore, a patent granted in India
gives rights in India only.

16. United States Patent 9066521 titled “Enhanced preservation of processed food”
How to Read a Patent Application?
Better Process Control School (USFDA) workshop at Bhaskaracharya College of Applied Sciences (BCAS),
University of Delhi

17. Having a Worldwide or International
Patent is a Myth.
Better Process Control School (USFDA) workshop at Bhaskaracharya College of Applied Sciences (BCAS),
University of Delhi

18. Number of systems in place to help
individuals and companies obtain patent
rights internationally.
- European Patent Organisation (EPO)
- Patent Cooperation Treaty (PCT)

19. Provides a means by which a single
patent can take effect in most (currently
34) European countries.
European Patent Organisation (EPO)
Better Process Control School (USFDA) workshop at Bhaskaracharya College of Applied Sciences (BCAS),
University of Delhi

20. Provides a mechanism for filing a single
international patent application, which
could later give rise to patents in any of
the 145 member countries of the PCT.
Patent Cooperation Treaty (PCT)

21. For many companies, Europe, the
USA, Japan, Australia, Canada, China
and increasingly India are the favoured
territories for filing patent applications.
Better Process Control School (USFDA) workshop at Bhaskaracharya College of Applied Sciences (BCAS),
University of Delhi

22. Best IP strategy is always based on
commercial as well as financial
considerations of the business.
No one-fits-all Solution
Better Process Control School (USFDA) workshop at Bhaskaracharya College of Applied Sciences (BCAS),
University of Delhi

23. Can Food Recipes be Patented?
Better Process Control School (USFDA) workshop at Bhaskaracharya College of Applied Sciences (BCAS),
University of Delhi

24. Can Food Recipes be Patented?
Patents are granted for any
“new and useful process, machine, manufacture, or
composition of matter, or any new and useful improvement
thereof”.
Better Process Control School (USFDA) workshop at Bhaskaracharya College of Applied Sciences (BCAS),
University of Delhi

25. If answers to the following questions is YES, then your food
recipe is patentable
- Is your invention patentable subject matter?
- Is your invention useful?
- Is your invention novel or new?
- Is your invention non-obvious to a skilled person in
the same domain?

26. Food Composition, Machinery and Food
Processes can be Patented
Food Processes for making the Product includes one or more processes like
- heating process in a particular temperature range,
- frying, sauteing, poaching, baking,
- bottling, canning, aging, separating, blanching, stirring, grinding, whipping,
- mixing, chilling, freezing, melting, dehydrating,
- soaking, cutting, layering, stamping, molding, raging process, smoking and
grilling.

27. Ingredients of a Strong Recipe Patent
One or more patent claims should include details like
- Proportion range, temperature and food ingredients.
For example, patent claims relates to a chocolate food product which
should include crystallization phase at a temperature range and the
like.
Food recipes are definitely patentable in India, however the food recipe
should not be a mere admixture of known ingredients.

28. How to Obtain a Patent in 5 Steps
Step 1:
Determine Marketability of your Invention & Conduct your
Own Personal Market Research

29. The Patent document should include information relating to:
● What product or product lines does the invention relate to?
● Describe a brief background, including the problems,
which the present invention aims to solve.
● What are the present technologies existing to solve the
problems?

30. The Patent document should include information relating to:
● What are the limitations and disadvantages of the present
technologies that exist to solve the problems?
● Why is your invention novel?
● Describe various features of the invention.
● Advantages of the present invention:

31. CASE STUDY EXERCISE

32. How to Obtain a Patent in 5 Steps
Step 2:
Conduct Worldwide Patent Search / Patentability Search

33. How to Obtain a Patent in 5 Steps
Step 3:
File a Provisional Application before the Patent Office

34. How to Obtain a Patent in 5 Steps
Step 4:
File Complete / Non-Provisional Patent Application

35. Step 5: Follow the Patent Deadline Dates
Judiciously
Every application for patent is published after 18 months from the date of first
filing.
If you would like to expedite your patent protection, you can file a request for
early publication and the application will be published within a month from the
date of request.
The patent application is not examined automatically after its filing and the next
step would be filing a request for examination. The request for examination can
be filed within a period of 48 months from the date of first filing.

36. Important Note:
One should note that patent rights are territorial in nature, and therefore it is
effective only within the territory of India.
This means if a patent is filed in India, and not filed in USA, then in this case
anyone in USA is free to use the technology patented only in India.
However, filing an application in India enables the applicant to file a
corresponding application for same invention in paris convention countries,
within or before expiry of twelve months from the filing date in India.

37. PROBIOTICS PATENTING
TRENDS IN INDIA

38. Inventions in the field of probiotics include-
❖ Method for isolating / extracting/ conditioning/ modifying
live micro-organisms including various strains of bacteria
and yeast
❖ New strains of bacteria and yeast
❖ Compositions / formulations/ products comprising micro-
organisms
❖ Use of probiotics
PATENTABLE SUBJECT MATTER

39. Probiotic Related Patent Application

40. Follow Us
GRANTED PATENT IN INTERNATIONAL PATENT CLASSIFICATION (IPC) Class :
A23C
No. Application No. Patent No. Title of Invention
Date of Filing
(National)
1 1359/MUMNP/2010 260159 Stable nutritional powder 25/06/2010
2 245/MUMNP/2009 258316 Polyphenol/peptide composition and use thereof for promoting gastric health 2/2/2009
3 480/DEL/2006 258152 A method for the estimation of multi residue in milk & milk products 22/02/2006
4 1078/DEL/2006 257783 "a process for the preparation of low cholesterol ghee". 27/04/2006
5 5536/DELNP/2006 257376 "a water or milk based liquid product comprising living micro-organisms". 22/09/2006
6 3653/CHENP/2006 257233 An apparatus for the evaporative cooling of a liquid product 3/10/2006
7 2685/DELNP/2007 257203 Infant formula comprising beta serum or / and fraction obtained from beta serum 11/4/2007
8 1403/MUMNP/2008 257124 A self-stable beverage composition 7/7/2008
9 1181/DEL/2007 257068 Process for manufacture of spray dried cheddar flavour base/concentrate 1/6/2007
10 1362/CHENP/2007 257045 Fermented food material comprising receptor ligand 3/4/2007
11 4435/CHENP/2006 254520 Enzymatic process for obtaining increased yield of lactobionic acid 1/12/2006
12 97/KOLNP/2007 253828
Food ingredients and food products treated with an oxidoreductase and methods for preparing
such food ingredients and food products 8/1/2007
13 1617/MUM/2007 253269 Lecithinisation process for preparation of milk based powder bevarage with micronutrients 24/08/2007
14 2180/MUM/2007 253078
A process for the perparation of novel molecular dispersions of lipophilic nutrients and a product
obtained thereof 1/11/2007
15 2834/KOLNP/2008 252856 Method for producing fermented milk using novel lactic acid bacteria 11/7/2008

41. FOODS, FOODSTUFFS, OR NON-ALCOHOLIC BEVERAGES,
NOT COVERED BY SUBCLASSES A21D OR A23B-A23J;
THEIR PREPARATION OR TREATMENT, e.g. COOKING,
MODIFICATION OF NUTRITIVE QUALITIES, PHYSICAL
TREATMENT (shaping or working, not fully covered by this
subclass, A23P); PRESERVATION OF FOODS OR
FOODSTUFFS, IN GENERAL (preservation of flour or dough for
baking A21D)
INTERNATIONAL PATENT CLASSIFICATION
(IPC): A23L

42. GRANTED PATENT IN INTERNATIONAL
PATENT CLASSIFICATION (IPC) Class : A23L
No. Application Number
Patent
Number Title Of Invention
Date Of
Filing(National)
1 2031/DEL/2004 260347 "aldehyde as perfuming or flavoring ingredient" 18/10/2004
2 1129/MUMNP/2009 260196
An instant food having a particulate phase and a soluble phase with selective sodium
distribution 15/06/2009
3 1466/MUMNP/2008 260194 Aerated composition comprising hydrophobin 11/7/2008
4 295/MUMNP/2009 260192 Self-stable liquid satiety enhancing composition 9/2/2009
5 959/MUMNP/2010 260190 Calcium-fortified beverage and method of making thereof 10/5/2010
6 1362/MUMNP/2010 260168 Stable nutritional powder 25/06/2010
7 5751/DELNP/2007 260045 Powder compositions 24/07/2007
8 726/DEL/2005 260018 A formulation of ready to eat onion bar 31/03/2005
9 3071/DELNP/2007 259714
Compositions containing fat-soluble active ingredients and/or colorants in a matrix based on
modified plant gums 24/04/2007
10 307/DEL/2006 259671 A process for the preparation of ready-to-use cereal flakes coated with meat powder 3/2/2006
11 5944/DELNP/2007 259432 "process for preparing nutritional products" 30/07/2007
12 8582/DELNP/2007 259269 "a food material" 6/11/2007
13 6481/DELNP/2007 259265 “an infant nutrition composition with probiotics” 21/08/2007
14 714/DELNP/2007 259261 Novel feed or food composition. 25/01/2007
Formulas comprising calcium, magnesium, zinc, and vitamin d3 for the prevention and

43. Understanding Industrial Design Classes with
Examples

44. Industrial Designs filed in Hospitality Industry:
Covers Hotel & Restaurant Equipment and Supplies, Food
Packaging, Processed Food machines, Food Processing &
Beverage equipments.

45. Industrial Design
CLASS 7 relates to Household Goods, Not Elsewhere
Specified
Select Class 7 if Registering
your Industrial Design for Household
Goods, Not Elsewhere Specified

46. Example Industrial Design
CLASS 7 ( GAS-STOVE)
Industrial Design Applicant in India:
R.S. Industries(india)

47. Example Industrial Design
CLASS 7 (CUTLERY STAND)
Industrial Design Applicant in India: M/S Mayedass International

48. Select Class 9 if Registering your Industrial Design
for PACKAGES AND CONTAINERS FOR THE
TRANSPORT OR HANDLING OF GOODS
Industrial Design
CLASS 9 relates to PACKAGES AND CONTAINERS FOR THE
TRANSPORT OR HANDLING OF GOODS

49. Subclasses of CLASS 9:
01- Bottles, Flasks, pots, carboys, Demijohns, and containers with dynamic
dispensing means
02- Storage cans, drums and casks.
03- Boxes, cases, container, (preserve) tins or cans.
Industrial Design Locarno
Classification:
Class 9

50. Subclasses of CLASS 9:
04- Hampers, Crates and Baskets.
05- Bags, sachets, tubes and capsules.
06- Ropes and hooping materials.
07- Closing means and attachments.
Industrial Design Locarno
Classification:
Class 9

51. Thank You
Q&A
Tech Corp LegalⓇ LLP
Twitter: @Biopatentlawyer
www.techcorplegal.com
info@techcorplegal.com