Can I patent a food product in India

Can I patent a food product in India?

The patent is a limited-time, exclusive right granted to the patentee over his or her invention. All rights to control, manufacture, use, sell, import, or use the patented product or manufacturing process belong to the patentee, who must register their invention. After

Patent registration ensures that no one will actually want to use the invention without the patentee’s consent. However, a number of factors determine whether an invention is patentable. For instance, the invention must be novel, involve an inventive step, and be applicable to industry.

An intellectual property right over an invention can be obtained through patent registration. For Patent registration, an application can have its filing by an individual or firm.

The Indian government established an Intellectual Property Department to grant exclusive rights to unique inventions. The inventor must provide all relevant evidence to demonstrate uniqueness of the invention.

Patenting food product

The most obvious question is whether food can be patentable. You can, of course, patent your exclusive recipe. However, prior to submitting an application for patent registration in Bangalore for their food recipes, the patentee must keep a few things in mind. The food recipe’s patent application needs to be written carefully.

The food recipe must meet three requirements before a patent application can be granted: Non-obviousness, novelty, and practicality in the workplace According to Section 3(e) of The Patents Act, the “mere admixture of substances resulting in aggregation of properties of the components” cannot also be a recipe for food.

The process or the composition (ingredients) used to make the food item can be claimed in a food recipe patent. The acceptance rate of process claims is higher in India. If the recipe’s process, which includes steps like baking, heating, stirring, grinding, and so on, is found to be novel and inventive, there is a greater chance that it will be accepted.

Claiming the same can increase your chances of getting online patent registration in Bangalore if there is a novel step that increases the shelf life or provides nutritional benefits. For instance, a method for preserving food that uses high-pressure conditions to kill the microorganisms in the food by allowing an edible phenolic compound to be present.

We should think about an example of a generally conceded patent in India, “Preparing a sugar free bread [Application no 483/DEL/2004]. Even though the process to set up a bread is notable and obvious to anybody skilled in the field, the granted patent arrangements with blending of not many fixings which bring about a Sugar Free bread. The application for patent registration in Bangalore has primary focus was on demonstrating the process claims through preparation.

From above information we can obviously sum up that drafting of the patent plays a key part in food-based patent applications. Standards, for example, ingredients, proportions, mixing or cooking time ought to be kept as expansive as conceivable to deter likely rivalry from composing around the cases with little varieties.

For instance, if you are using sugar in a recipe, claiming the ingredient as sweetener—which could be honey, corn syrup, or something else—rather than sugar will give the food patent much more protection.

Another thing to keep in mind is that the claimed ranges should not only protect your invention but also not be wide enough to violate a recipe with online patent registration in Bangalore of another person. Additionally, do not be discouraged if your recipe does not meet the requirements for patenting; there is always an alternative.

You have the option of publishing that recipe in a book or magazine and securing copyrights for it, or you can keep the recipe a trade secret and prevent others from copying it.

Importance of Patent registration

A patentee’s invention receives legal protection when it is registered. On account of patent infringement, the patentee has the privilege to make a move and can sue for harms. Legal protection cannot be enforced if the invention is not registered.

Because it aids in increasing revenue, online patent registration in Bangalore grants the patentee the right to sell or transfer a patent.

An invention is legally protected for a period of twenty years following Patent Registration.

The company gains a competitive advantage through patent registration. Competitors won’t be able to use the patented invention on products that are similar to them.

Since a patent is an intellectual property right, registration confers exclusive rights. A company’s patent is an intellectual property that can be sold, transferred, or contracted for commercial purposes.

Validity of Patent

In India, the patent registration in Bangalore is valid for 20 years from the filing date of the provisional or complete patent registration application. It would enter the public domain after the allotted twenty years.

Patent renewal

The Patent must be renewed annually to remain valid. A patent should be renewed compulsorily, if patent isn’t renewed then it will be quit existing and it will give to the public domain.

A patent can be renewed for a year in India by filing a patent renewal application and paying the prescribed fees. The fee for renewing a patent is due at the end of the second year following the date the online patent registration in Bangalore.

In case of non-payment of renewing expenses inside the recommended time, patent gets failed to impact then it must be put away by filing restoration application in the certified Form 15 within a year and a half of the date the patent stopped having an effect.

Cost of Patent registration

Government fees and patent attorney or agent fees are the two types of costs associated with registering your patent.

If a patent is expired can you patent it again?

If the patent expires, the owner can reinstate it by paying a surcharge in addition to the maintenance fee.


Any idea can have patent registration. We are the best service providers for IPR registration services. And we render registration services at considerable cost. Also we have a solid team of experts to follow the process from the beginning till end.

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