4/25/23, 7:06 AM FOOD FOR THOUGHT – CAN RECIPES BE PATENTED?

| VIDEAIM IP - LEADING IPR FIRM IN BANGALORE/GURGAON

FOOD FOR THOUGHT – CAN RECIPES

BE PATENTED?

CAN RECIPES BE PATENTED?

CAN RECIPES BE PATENTED? – Interestingly, if provided the right protection the good food
can feed the pockets too. The concept of actually protecting recipes in India is quite recent, as
for centuries cooking in India is more of a heartfelt affair i.e., contrary to the west where
cooking is more industrialized, more methodical and scientific, Indian cooking is more
towards freedom of expression that encompasses the mood. The methodical approach meant
that the west captured the recipes and documented in the cookbooks and the ingredients
were quantified in precise numerical quantities: teaspoons, ounces, and cups etc.

The scientific revolution in America propelled the number of patents that were filed in
America and the field of food technology exploded with technology with application of
scientific and engineering principles. Whereas back then, the Indian cooking recipes were
prepared with ingredients which were quantified “SWAD ANUSAR” or in accordance to once
taste. The freedom of expression for regular cooks allowed them to bring out the inner
master chef. But since we are rampantly chasing progress, and with inevitable corporate
work culture people have tend to indulge in heating rather than cooking, the estimations
have taken a back seat and the western method has taken prominence.

The food technology helps in the production, processing, packaging, and distribution of food
in an industrial level and played a vital role in ensuring the safety, quality, and sustainability

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of our food supply. The upcoming food technology industry food processing: Food technology
is used to develop new processing techniques that can help to preserve food, extend its shelf
life, and improve its safety and nutritional value.

For example, in food packaging, food technology is used to develop new types of packaging to
protect food from contamination, extend its shelf life by developing packaging such as
vacuum-sealed bags and modified atmosphere packaging. In food safety, new methods such
as DNA-based testing and rapid microbial detection were developed for detecting and
preventing foodborne illnesses. In food nutrition new food products were developed such as
fortified cereals and protein bars. In sustainable food production, new more sustainable and
environmentally friendly methods for producing food such as precision agriculture and
alternative protein sources were developed.

Therefore, a considerable number of patents were filed all around the world owing to the
advances in food technology. The big debate is what kind of IP protection be provided to the
recipes and what are the eligibility criterion.

Food Patents

Food patents refer to patents granted for innovations in the field of food production,
processing, and preservation. These patents may cover various aspects of food products and
their manufacturing processes, including ingredients, formulations, cooking methods,
packaging, and distribution.

Some examples of food patents include:

Patent for a new type of food ingredient, such as a plant-based meat substitute
or a new flavoring agent.
Patent for a novel food processing technique, such as a new method for
pasteurizing milk or a new way to extract oils from seeds.
Patent for a new food packaging design, such as a more efficient and eco-
friendly container or a new type of food wrap.
Patent for a new food preservation method, such as a new way to extend the
shelf life of fresh produce or a new technique for canning food.

Food patents are important for encouraging innovation in the food industry and promoting
the development of new and better food products. However, some critics argue that food
patents can also lead to monopolies and hinder competition, which may ultimately lead to
higher prices and reduced access to food.

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REQUIREMENTS FOR OBTAINING A FOOD PATENT

Novelty or Newness or Originality: The first requirement for any recipe is to establish
novelty. The components can not be new as most of these components are available in nature
and are sourced which means it falls under the category of the discovery, but by making the
combination of the ingredients the recipe can be made new or ratio of the mixture of the
combination may be claimed.

For e.g.  – [Patent application no – 201911017835, Status – Granted]

1. An instant custard mixture composition comprising of:

(a) jackfruit seed;

(b) starch;

(c) sugar powder; and

(d) milk powder.

4. The instant custard mixture composition as claimed in claim 1, wherein the jackfruit seed flour is
present in an amount range from about 5% to about 40% by weight of the composition.

5. The instant custard mixture composition as claimed in claim 1, wherein the starch is present in an
amount range from about 2% to about 15% by weight of the composition.

6. The instant custard mixture composition as claimed in claim 1, wherein the sugar powder is
present in an amount range from about 20% to about 35% by weight of the composition.

7. The instant custard mixture composition as claimed in claim 1, wherein the milk powder is
present in an amount range from about 30% to about 60% by weight of the composition.

If we analyze the claims, the ingredients on its own are known but the combination is new.
The combination has specifically defined ratios that limit the boundary of the claims.
 provides a new utility or has useful effect i.e., instant custard mixture.

Inventiveness or non-obviousness:  Inventiveness means that the recipe should provide an

unexpected or uncontemplated result or that person skilled in the art such as the chef can not
just look at the ingredients and create the same composition without any undue diligence. 

Further the Guidelines for Examination of Patent Applications in the field of Pharmaceutical,
also states that regarding claims related to compositions obtained by mere admixture
resulting in aggregation of the properties of the individual components are not patentable
under Section 3(e) of the Patents Act, 1970 is not patentable. This means that the examiner
needs to be convinced that the composition has ingredients that provides a combined
technical effect which is greater than the sum of the technical effects of the individual
ingredients, it indicates that such a composition is more than a mere aggregation of the
features.

For e.g.  – Patent application no – 201841037324, Status – Granted]

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1. A food composition comprising an extract of Cinnamomum obtusifolium bark for

neurodegenerative conditions characterized by:

C. obtusifolium 3.0 g

Curcuma longa 0.1 g

Ebmilica officinalis 0.8 g

Occimum sanctum 0.7 g

Mangifera indica 0.5 g

Black salt 0.1 g

Liquorice extract 0.8 g

The example shows that the food composition is useful in neurodegenerative conditions and
specific combinations of the ingredients is defined. Now, unless an experimentation is
performed the above combination with the specific ratio would not be achieved and any other
combination would not have worked. Further, the individual ingredients shall provide the
best result when combined in this particular ratio, which has been determined by
experimentation.

Usefulness or Industrial application: if it can be made or used in any kind of industry. This is
quite easy to fulfil as “India’s food processing sector is one of the largest in the world and its
output is expected to reach $535 Bn by 2025-26”, hence finding utility is not a problem.

Conclusion

A recipe is patentable if it fulfils all the criterion of a patent. A normal recipe is not patentable
as these utilize known ingredients and methods with slight modification to enhance taste.
Unfortunately, the taste is not a parameter for incentives, so the ingredients need to provide
a result that is more than the sum of an individual ingredients. For example, a sweet lemon
water is not patentable as the ingredients is creating an effect that is already known. The
patenting under Section 3(e) categorically states a “mere admixture”. This means that all
admixtures are not prohibited from patenting, but only ‘mere’ admixtures are prohibited,
and hence, inventive compositions are indeed patentable, but should be supported by test
data and specific technical advantage should be mentioned.

Further, Indian cooking is greatly influenced by Ayurveda, therefore most of the ingredients
used have medicinal properties that balance the spices and maintains the well-being of the
gut. This means that there is a lot of traditional knowledge available when we try to patent
the Indian recipes and there is always a pressing issue of obviousness with reference to our
traditional knowledge.

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