Givaudan SA produces and trades in colognes and substances made up of natural and synthetic components. The Company distributes its goods to manufacturers of perfumes, beverages, foods, and consumer goods, operating internationally.
In India, the food enterprise of Givaudan SA focuses on enzymatic development, rinse-off structures, compositions, taste development, cyclic ethers, delayed-release flavorant compositions, and cultured protein hydrolysate.
Givaudan SA filed a patent application numbered 4041/CHENP/2013 that is titled as ORGANIC COMPOUNDS. The patent has been filed in the field of Food. This Patent Application has been granted as Patent Number 344378. This invention covers a combination that disguises the bitter taste of potassium chloride or different potassium salts used as an ingredient for consumption as a substitute for common table salt. This composition includes sugar alcohol and a compound of formula (I) CH2OH-(CHOH)4-CO-NH-CH2-CH2-X; a compound of the formula (II): R1-CR2 (OR3)-CO-Y; a flavor modulating substance of the formula (III): R1-CR2(OR3)-CO-NR4-Y’-X’; or mixtures thereof.
During the patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act stating that the method of masking the bitter taste does not result in the formation of any new product nor employs any new reactant. The claims also disclosed a bitter masking composition comprising sugar alcohol along with a compound or flavor modulating substance. These claimed compositions or products are merely new forms of known substances and they do not differ significantly in properties concerning efficacy over the prior art.
As a response, the Applicant submitted that the provisions of Section 3(d) do not apply to the present case since the present invention cannot be held to be a “mere discovery”. This disclosure masks the unpleasant taste associated with potassium chloride or related salts which is a property that is not known and neither is it an additive feature of the components. It is due to the synergistic combination of the ingredients that results in the masking efficacy. This waives the objection under section 3(d).
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
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