The food industry has experienced a significant transformation in recent years, shaped in-part by an increase in demand for healthier options, technological innovations in food production, changing consumer behaviours, and improved food safety standards.
This transformation has resulted in an increase in the number of active SMEs within the industry and as a result the number of food technology patents filed at the European Patent Office. With this growth, however, has come an increase in the number of granted European Patents being opposed and subsequently maintained in limited form or revoked, along with an increased risk of infringing other third-party patent rights, which is partly attributable to the intense competition now seen within this industry and the substantial economic value attached to patented food products.
It is pivotal therefore that food developers not only engage with patent attorneys to protect their food innovations but also consider future actions that maybe brought against their patent applications/patents.
These risks can typically be mitigated, amongst other things, by engaging with competent patent attorneys who specialise within this field and through careful drafting and targeted freedom to operate (FTO) assessments before market launch.
Specialist patent attorneys within this sector are here to help and provide expert advice, so please feel free to get in touch.
Mark joined WP Thompson in 2023 as a European Patent Attorney in the chemistry and life sciences team. Prior to joining WP Thompson, Mark worked for a large multinational patent firm in the…
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