Sudeep (Planning engineer) 26 November 2014

Patent for a food making process

Dear Sir,

Iam glad to see such a platform, where a preliminary legal advice is provided promptly and free of cost.

Well I hope the same support for my cause.Here it is

There is an unique process in making a product in certain food making

As per what I found in the internet database, the patent for the same process has already been taken by some one in US.

Recently I found someone in India who has set a business by using the same technique. Now following are my queries

1. Is there any veracity in the claim ,if the person who has commercialized the same technique in India says he got a patent to do so?

2. I too want to start a business where and in which I shall use the same technique, then in that case will there be any patent related objections from that Indian guy?

3. Suppose I have invented a way by which I can increase the efficiency of that US patented process, now can I patent my invention as I have increased the efficiency of the already patented process?

I remain in anticipation for your kind response.

Thanks & Regards,

SKB

Reply Follow

2 Replies

Hardeep (Business) 03 December 2014

1) Depending upon whop has taken out the Patent first ( seems to be the US company ) a case for infringement may lie against others. Particularly if the first patent has been via the PCT route. See :

https://www.wipo.int/pct/en/faqs/faqs.html

for details.

2) Veracity of the claim can be sought from the Indian Patents Office, try :

https://ipindiaonline.gov.in/patentsearch/search/index.aspx

3) Increased efficacy is a ground for new patent. However, that is very subjective and depends upon the facts of the case and how they are presented.