Food and Beverage
The food industry encapsulates different forms of intellectual property that can be deployed to protect and defend investment and innovation. From designs to protect the packaging, through Trade Marks to protect the brand, to patents to protect innovations in recipes, process equipment, or packaging too.
Patents in the Food Industry
It’s not just health food and vegetarian “meat” patents that are on the rise. From fish farming and fruit juice, to packaging and protein drinks; patents can be surprisingly effective in protecting innovations in this sector.
A proper IP strategy also considers the option to keep IP as a trade secret, for example the precise Irn-Bru ® recipe, and the benefits and drawbacks of this option compared to patent protection.
Common areas where patents can protect innovation in the food industry include:
Packaging
Process Machinery
Food formulations
Optimisations in distilleries
Fish farming
Health foods
Discuss your business and products with Cranach Patent Attorneys to develop a holistic IP strategy to best protect your intellectual property.
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FAQ
New recipes in food processing plants can be patented if new and inventive/not obvious. Iterative improvements developed in the kitchen are more difficult to patent and generate sufficient commercial return.
No, designs protect the look, such as an appealingly shaped drinks bottle, and patents instead protect the functionality, such as an improved tear-strip on a bag of chocolate.
It is difficult to copyright a list of ingredients and steps in a recipe and therefore difficult to stop others adopting them. However, associated photos or drawings would likely have copyright.
If someone stole your trade secrets, this is something you could look to redress. If they were independently developed, then you would not have a basis to challenge the third party.
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Experienced Patent Attorneys, enthusiastic about technology and protecting it strategically for our clients. ISO 9001:2015 certified. For entrepreneurs, foreign associates and multi-nationals.
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