patent in food industry

Post on 16-Apr-2017

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GROUP NO-07EXPORT AGRICULTURE DEGREE PROGRAMME

What is a Patent?A patent is ,

• A right granted to the owner of an invention• that prevents others from making, using,

importing or selling the invention without his permission

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Benefits of a patent• Motivates new inventions• Protects new inventions• Protects creator’s economic right• Protects the uniqueness of the products• Keeps commercially valuable inventions as

secrets

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What can be patented?• An invention is patentable if it is;

new ( not known in existing knowledge) industrially applicable involves an innovative step

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New invention- Ring-pull cans

• Inventor has licensed the system to Coca-Cola company at 1/10 of penny per can

• So during the validity of the patent, inventor obtained 148, 00 UK pounds on a day

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Industrially applicableEthoid Compounds for use as Food

Additives

• Ethoid compounds are useful as food ingredients, such as sweeteners, flavor enhancers and taste-modifying agents

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Innovative stepNovel oxygen sensors for packaging of products storing under oxygen-free conditions• The sensors consist of redox metal-containing

materials that change colour in response to changing oxygen or oxidative environment

• These materials may be used as a film, powder, in suspension or dispersed in a hydrated oxygen permeable matrix

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Examples

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Types of patents

1) Utility patents• Granted to anyone who invents or

discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement

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In food industry

• Utility patents For novel and non-obvious recipe or cooking techniques

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Examples of food patents

• Utility patent ex-Recipe for instant stuffing mix

Method of making microwavable sponge cake

2) Design patents Granted to anyone who invents a new, original, and ornamental design for an article of manufacture

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• Design patents For novel,non-obvious and ornamental food creation

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• Design patentex-Cold stone creamery’s signature strawberry passion ice cream cake

Breyer’s viennetta ice cream cake

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3) Plant patents Granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant

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• Plant patentsStrawberry plants produced by inoculating Isolates of Methylobacterium RAB-1 used to,improve flavor of strawberry

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• Overcoming the novel or non-obvious hurdle under patent law is difficult in food industry

WHY? Due to custom of borrowing from others this is called ‘prior art’ in the patent world

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Examples for patent infringement

• Smucker’s utility patent was invalid for its,crimped and crustless peanut butter and jelly sandwiches

WHY?Due to its obviousness Uncrustables’ crimped edges look just like ravioli

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Freeman’s mondrian cake

• The cake design appears to be an original artistic expression ,as it is inspired by mondrian’s painting

• This can also be patented as it is uniquely styled food

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References

• https://patentlyo.com• https://www.ipos.gov.sg• https://www.ideaconnection.com

Group Members

• P.S.A.Rupasinghe UWU/EAG/13/0030

• P.I.Sasanka UWU/EAG/13/0032• K.M.D.N.Rodrigo UWU/EAG/

13/0029• M.M.B.S.Silva UWU/EAG/13/0035

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