Food Patent In India - Legal Stand For Unique Food Recipe
Author: LawSphereX
Category: Intellectual Property
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FOOD PATENT IN INDIA: LEGAL STAND FOR UNIQUE
FOOD RECIPE
Preeti Pandey, BBD University
ABSTRACT
Food is not just a source of energy but flavours of life, it not only creates happiness but enshrined with affection and tradition, cultural memories, for some people food is like the peace which give them immense pleasure. Therefore, can this happiness and affection can be protected under the virtue of law. One of the core concepts of Patent is that it protects the method and process of any invention, this arise of the twisted question that can a person protect that happy food making process commonly known as food recipe. This article will answer such kinds of question together with deepen understanding of intellectual laws in India. Keywords: Food, Intellectual Property Rights, Patent, Recipe, Novelty, Inventiveness, Indian Patent Act of 1970.
INTRODUCTION
When it comes to protecting intellectual property rights for food inventions, copyright in original recipes or trade secrets in unique formula are almost invariably the only options available. The Patents Act of 1970 prescribes certain requirements that need to be satisfied to patent food recipes in India. 1 The 2005 Patent Amendment Act of India broadened the scope of industrial, medicinal, and food discoveries under its intellectual property law. Several food formulations have qualified for protection under the amended Indian Patent Act2, resulting in the ability to patent food recipes in India. Food items in India are considered "methods of preparation" and not innovative product or procedure with significant technical or economic benefit, they are not typically patentable.
If the process of creating a new product or finding a new use for a known product solitary includes isolation of known substances or compounds, different arrangement of existing components, or combining known properties to create a novel form of a known substance, the product is not patentable. Even if it's a new mixture of substances, it is still not patentable simply because the properties of each component are combined in a meaningful way3. Nonetheless, food products may be patented as an "improved product," a "composition," or a novel "process for making" if they otherwise meet the criteria. Novel food products or components, especially those with health benefits or unique tastes, may be patented. For example, 190837 A PROCESS FOR THE
PREPARATION OF VEGETABLE HALWA MIX USEFUL FOR INSTANT HALWA4
In India, the Indian Council of Agricultural Research (ICAR) and the Council of Scientific and Industrial Research (CSIR) own patented intellectual property relating to food sciences. A patent is defined generally as the rights assigned to the applicant by the Government of India for a new product or process for a period of 20 years. A patent is considered territorial and extends only within the Indian jurisdiction. Food recipes are patentable in India; however, the application must show the fundamental requirements for patentability, which is novelty, non-
1 Aishwarya Agrawal, Patenting Food Recipes in India, STARTUPFINO, (December15,2023)
,https://www.startupfino.com/blogs/patenting-food-recipes-in-india/
2 Patent Act,1970, No. 39 Acts of Parliament (India)
3 Manisha Singh & Dr. K. Sasi Praba, Patents give rise to food for thought, Indian Business Law Journals, (5 June 2025), https://law.asia/patenting-food-products-india/ 4 CSIR – Central Food Technological Research Institute, Mysore, https://cftri.res.in/kweb/PDF/INDIAN- PATENTS.pdf, last visited 18-10-25
obviousness, and industrial applicability. While food inventions, chemical inventions, and pharmaceutical products might be able to go through the patent system, the greatest challenge remains with Section 3 of the Indian Patent Act, 1970, amended by the Patent Amendment
PATENT ESSENTIAL
Regarding food the basic criteria for patent is almost same as normal essential requirement for Patent registration that is:
1. Novelty/ New
2. Useful
3. Non- Obvious/ Inventiveness
As for food recipe to be novel it must not be published anywhere, not being disclosed in public, the recipe concept should be unique and differentiated within the food industry. The recipe needs to incorporate a sense of ‘freshness,’ instead of merely expanding on a previous technique. In terms of useful it must be industrial useful means applicable for industrial use. The innovation must demonstrate its value within the industry, aiding in the improvement of humanity. To be considered non-obvious, an innovation must show its worth in the industry and benefit mankind in advance of the arts The combination has to exhibit non obvious outcomes; by this I mean the combination of recipe mixture must be a surprise and not easy to predetermine. This provides assurance the invented material has a functional use. In the case of Alimentary Health Limited v.
Controller of Patents and Designs (2024, Delhi High Court) the patentability of a composition consisting of a strain of the probiotic Bifidobacterium longum and an edible carrier, such as yogurt was discussed. The application was subject to scrutiny under the Patents Act Sections 2(1) (ja), 3(c), 3(d), 3(e), and 3(i) related to novelty, inventive step and simple mixtures non-patentable. The Court referred to how food or nutritional products will require a clear technical improvement or demonstrated Synergy which cannot consist of merely cooking known constituents and must be original solid foodstuffs, to make a patentable product. This case demonstrates how India's patent system assesses food 5 Patenting Indian food recipes - All you need to know, IPR Studio, http://iprstudio. com/patenting-indian-foodrecipes-all-you-need-to-know/, last visited 18-10-25
innovations and shows that in order to patent a new food process or a new food recipe, the applicant must demonstrate true innovativeness or inventiveness as well as industrial applicability (or suitability). Various Methods of Patent Protection for Food Products in India • Recipes and ingredients for preparation must focus on brewing: In recent years, new microbreweries have been opening at a swift pace. The craft beer sector is employing science to innovate and produce new flavours. Every producer of a flavourful beer ought to submit patents. Drinks have shown to be a sellable item, demonstrating novelty and non-obviousness. • Feasible Alternative: New foods promoted for specific diets: Vegan and gluten-free diets have become widespread. Numerous food service venues have become proficient in catering to special dietary needs.
Should an inventor discover a novel method for producing those specialized diets, they probably possess a patent. For instance, vegetarians refrain from eating eggs. As numerous recipes require eggs, if an inventor demonstrates a feasible egg replacement, they could patent this novel unique material composition to satisfy the demand for a particular diet. • Diverse Food Options: Many dishes consist of layered ingredients based on a familiar recipe utilizing well-known elements. Identifying different components to substitute existing ones is an innovative method to patent novel foods. It is advisable that these food pairings are marked as healthy or possess other desired associations. The aim is to create a unique material formulation that exceeds standard variations within a food category. 6
GLOBAL PERSPECTIVE: FOOD PATENTING TRENDS IN THE US, EU, AND
INDIA
Food patenting practices and regulations differ significantly among jurisdictions, evidencing different legal philosophies and policy emphases. The patent law in the United States is broad in its approach, allowing patents for food products and processes, as long as they meet the 6 Zarana Mehta, Can we Patent a food item in India? – Everything you need to know, Ebiz Filing, (October 22,
2022) https://ebizfiling.com/blog/food-item-patented-in-india/
elements of novelty, non-obviousness, and utility. In contrast, the European Union takes a more cautious position in balancing the need to create innovations with the need for public engagement. The European Patent Convention (EPC) specifies that food inventions can be patented if they provide a technical contribution that extends beyond the discovery or simple combination of known parts. However, public order and morality exclusions apply, along with limitations on the patenting of food items that can be protected by Geographical Indications (GIs), instead of patents, as is often the case with traditional food products. With a more restrictive policy under the Patents Act of 1970, India permits patenting food items to a limited extent.
The legislation allows for patents on procedures of producing or preserving food, however, it commonly does not allow patents on the food item under Section 3 (e) (simple mixtures) or Section 3 (p) (ancestral knowledge).
CONCLUSION
The regulatory framework for food patents in India is a delicate balance between fostering innovation and protecting cultural and traditional recipes. The Indian Patents Act of 1970, particularly through the application of sections 3(e) and 3(p), puts an important limitation on any food patent that would seek to monopolize recipes or prevent the community from engaging in a given traditional practice and ensures that intellectual property rights do not detrimentally affect the shared cultural values associated with food usages. This policy is in line with India's overarching goals of public policy – to protect traditional knowledge of communities while promoting innovation in food science and technology.
As the patentability of food products is limited, the law nevertheless provides patent protection for methods, compositions, or technology inventions that offer true novelty, use for industry purposes, and an element of inventiveness, which opens the door for innovation in areas such as functional foods, nutraceuticals, plant-based foods, enriched foods, and sustainable processing technologies.