Patent amendment 2005 of the Indian Patent Act 1970, as we all understand, has delivered product patent safety for food, pharma and chemical innovations. If we take a look at the Indian Patent database, we can locate a number of granted patents and loads of patent applications on one or different types of food compositions. Talking specifically approximately food recipes, properly, patenting food recipes which have a strong danger of succeeding maybe a touch tricky. No matter how tasty the food is or how lots its creator is involved about it, the recipe, to start with the need to meet the basic situations of patentability that are that the recipe ought to be useful, novel and non-obvious. As long as the recipe is used for making as a minimum a nutritional composition, regardless of whether or not it's miles for people or pets, it passes the software criteria. And the more novel and nonobvious the composition is, of direction, the more potent would be the possibilities of having a patent. The recipe ought to not be a “mere admixture of materials resulting in aggregation of residences of the components” in line with Section 3 of The Indian Patent Act. As an example, merely taking the meals items off the shelf and combining them without doing whatever unique to the process fails the ‘resourceful step’ (non-obviousness) requirement. The not unusual mistake being made even as getting ready a food recipe patent utility is lacking the non-obviousness requirement. One check of non-obviousness might relate to whether or not the recipe and composition thereof are plain to a person skilled inside the artwork of cooking? The solution ought to be no. if one is the use of positive components which have by no means been blended earlier than, the first bar of non-obviousness requirement is cleared. For example, for creating a tomato sauce, it's far viable to attain composition claims which might include the ingredients and the proportional ranges, most effective if it has some creative characteristic/ surprising effect including cholesterol-free without lack of flavour or texture or mixing the components in 0 gravity for unexpected effects amongst other such parameters. Nearly all meals patents claim each composition and processes for making them equal. Process claims on a recipe; generally have greater success charges from the factor of view of obtaining patents than the composition claims in India. If the process of creating a meals product entails heating, blending, frying, baking, fermentation, grinding, stirring, whipping, freezing, melting, moulting, grilling, getting old and so on, then one or greater of those steps are the procedures, which is located to be novel and involving an imaginative step, are vital to the discovery and can be patented special. Drafting patent application may be very vital for making a strong recipe patent. various parameters, for example, proportions, cooking or blending times, components, should be kept as extensive as feasible which will additionally assist reduce the capacity of your competition writing round your claims with small variations. For instance, in case you need to claim a recipe for making flaxseed biscuit, do not restrict your claims to biscuit, as an alternative declare it as a meals product. And in case you are adding sugar to your system for the sweetness, remember honey, corn syrup or molasses can do the equal and therefore, even as drafting a patent, just declare the element as a sweetener. The proportions, the temperatures, the period, amongst different allied parameters have to be kept in an extensive range. However, while claiming the degrees, make sure to be huge enough to guard your invention against your competition but no longer as vast as to infringe upon every other’s patented recipe. Carrying out a great patentability search is as essential in patenting meals recipes as in chemical or pharma inventions.