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By
S.P.Arora
Patent and Trademark Attorney,
LLM (IPR), Franklin Pierce Law Center, USA
What is intellectual Property?
- The right of property rights is the power to exclude others from enjoying property.
- Intellectual Property rights gives the owners to exclude others from access or use of protected subject matter.
Distinct Aspects of Intellectual Property
- Intrinsically intangible, its essence lies in concepts, information, symbols or creative expressions.
- Intellectual Property is an inexhaustible resource-Many people may possess it without decreasing its practical value.
Types of intellectual property
- Patents
- Trademarks
- Copyright
- Design
- Geographical Indications
- Plant Varieties
- Semiconductor designs
- Comparison of types of IP-1
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Comparison of types of IP-1
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Patent
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Trademarks |
copyright |
Geographical Indications |
Design |
| What is protected |
Invention |
Words, phrase,logo used as trademark on goods or services. |
Original iterary, dramatic work,musical and artistic works, cinematograph films, sound recordings.
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Identification of goods or services from a geographical source of origin.
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Shape , configuration, pattern, ornamental etc applied to article and judged by looks or appeal to the eye |
| How to protect |
File application for grant of patent.
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File application for registration of trademark.
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File application for registration of copyright.
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File application for registration of geographical indication.
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File application for registration of design.
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| Who can apply for registration |
Inventor(s) or assignee.
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User or proprietor or owner.
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First author or assignee.
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Association of persons or producers.
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Proprietor of new or original design not previously published.
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| Test for protection |
Novelty,
Inventive concept, utility.
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Distinctiveness,use based.
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Originality.
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Source of geographical origin.
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New and original.
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Comparison of types of IP-2 |
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Patent |
Trademarks |
copyright |
Geographical Indications |
Design |
Term of protection
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20 years
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10 years initially
Renewable indefinitely
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Over 60 years
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10 years initially
Renewable indefinitely
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10 years initially extendable by 5 years
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Protection provided
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Right to exclude others from making, using selling, offering to sell, and importing
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Right to exclude others whose use may cause confusion or deception
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Right to prevent unauthorized copying or public performance
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Exclusive right to the use of GI in relation to those goods.
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Powers to exclude others to use or apply registered design
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| Patents in Food Processing |
- Indian Patents Act ( 1970)
- Before 1/1/2005 – As per section 5 Food Products were not patentable.
- Section 5: Inventions where only method or processes of manufacture patentable—
In case of inventions
a) claiming substances intended for use , or capable of being used as food or medicine or drug.
- From 1/1/2005- Section 5 deleted.
Patents-Food Processing Industry
The patents in Food Industry can be for
- Food and Beverages products.
- Methods of making Food and beverages Products.
- Apparatus for making or manufacturing Food Products.
- Methods and Apparatus for packing Food products.
- Methods and Apparatus for storing Food products.
- Shape and Design of Food Products.
- Use of food products in making other food products.
Titles of patents in Food processing Industry
- High protein and high fiber food products.
- Flavored oil-in-water emulsions for food applications
Container for food products such as confectionery products.
- Food grade ink jet inks for printing on edible substrates.
- Portable vacuum food storage system.
- Method and device for inserting a food stuff into a pliable bag
Packaging and dispensing system for sandwich food products
Wrapping method, particularly for edible products such as chocolates and the like, and the finished wrap obtained.
- Process to prevent bloom in chocolate products that contain fat substitutes.
- Use of cocoa butter or partially hydrolyzed cocoa butter for the treatment of burns and wounds.
- Use of hydrocolloids for formulating and processing of low fat low water activity confectionery products and process.
Examples of Patents in Food-1
Dog biscuit for controlling malodorous breath in dogs
Abstract
US Patent No. 6,265,011
A dog biscuit is disclosed for controlling malodorous breath in dogs. The dog biscuit includes about 8-12 parts by weight whole wheat flour, about 4-6 parts oat bran, about 2-3 parts non-fat dry milk, and about 2-3 parts brown rice flour. The dog biscuit also includes water, vanilla extract, parsley, alfalfa powder, vegetable oil, peppermint extract, tarragon, peppermint leaf powder, and spearmint leaf powder. The vegetable oil includes an antioxidant and is preferably sunflower oil. The parsley is preferably fresh parsley, and the ratio of parsley to whole wheat flour is about 1:4 by weight. The dog biscuit is readily eaten by dogs and effectively neutralizes malodorous breath in them. Also part of the invention is a method of making the dog biscuit.
Examples of Patents in Food-2
Puff pastry biscuit for refrigerated or frozen food product
Abstract
US Patent No.6,958,165, Nestec S.A A thin puff dough biscuit for a refrigerated or frozen food product. The biscuit has a laminar structure containing 6 to 10 sheets of puff dough and a maximum thickness of at most 2 mm. The biscuit is baked between two heated surfaces so as to prevent the development of the puff dough, and it is coated with a composition, in particular a fatty composition, which serves as a moisture barrier. This biscuit serves as an inclusion or an annex in a composite frozen cake that has at least one layer of the preceding biscuit included in a mass of cream and in which the layers of biscuit are separated from each other by layers of cream.
Examples of Patents in Food-3
Breakfast cereal biscuit comprising waxy grain
bstract
US Patent No. 6,759,077 Byron Australia Pty. Ltd
The present invention provides an improved breakfast cereal biscuit comprising grain which includes waxy grain in an amount of at least 20% by weight of total grain content. The grain has been hydrated and cooked either sequentially or simultaneously, rolled into flakes, and either agglomerated and toasted into a desired biscuit shape or toasted and agglomerated into a desired biscuit shape. A process for the production of the improved breakfast cereal biscuit is also provided. The improved breakfast cereal biscuit typically exhibits extended bowl life, has improved nutritional qualities, is tender and crisp in texture, has better flavors, and requires reduced energy in the manufacturing process, when compared to standard flaked wheat breakfast cereal biscuits.
Process- patent
Method for controlling microbial contamination of a
vacuum-sealed food product
Abstract
US 7,247,330 Kraft Foods Holdings, Inc
Methods for controlling contamination of a food product are provided which utilize a combined treatment comprising thermal surface treatment and introduction of an anti-microbial solution to a food package prior to vacuum sealing the package.
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