Are Moon Dal and Potato Chips Patentable?

The age-old question of whether traditional foods like moon dal and popular snacks like potato chips can be patented continues to spark debate. While these items may hold a special place on the shelves of shoppers, it's worth exploring whether they can genuinely be protected under patents. Let's delve into the intricacies of these culinary items and unravel the legal and logistical challenges that come with patenting them.

The Patentability of Traditional Foods

The concept of patenting staples like moon dal and potato chips may seem straightforward at first glance. However, many factors make it a highly complex issue. Patents are typically granted for novel inventions or discoveries that are not already in widespread use. But when it comes to everyday products with a centuries-old history, the application of patent law becomes clouded.

The Case of Moon Dal

Moong dal, a key ingredient in a myriad of Indian dishes, especially in regions like Punjab and Haryana, comes from the Vigna mungo plant. This legume has been a staple in Indian cuisine for thousands of years, and its widespread use precedes any contemporary commercial entities like Haldiram’s. To qualify for a patent, an item must demonstrate uniqueness, novel aspects, and commercial significance that set it apart from what already exists. In the case of moong dal, these criteria are challenging to meet given its long-standing presence in culinary traditions.

The Potato Chip Controversy

Potato chips, often associated with brands like Lay’s, are another subject of controversy. These crispy, fried snacks have a storied history, with several accounts crediting different inventors for their creation. Frito-Lay, a brand under PepsiCo, claims responsibility for popularizing the item, but earlier forms of the snack can be traced back to Scotland and Ireland. Indeed, George Crum, an African American cook in New York, is often credited with inventing the modern potato chip in the late 19th century, even though similar snacks were enjoyed in Europe far earlier.

Legal and Practical Challenges

Legal challenges arise when attempting to patent staple foods or widely recognized snacks. For instance, Haldiram’s and Lay’s representative claims of being the first to market often face scrutiny. These brands, while contributing significantly to the snack market, cannot claim to have invented these items outright due to their ancient origins.

Technically, a patent requires a novel and non-obvious invention. Given that moong dal and potato chips are not novel in their composition but rather methods of processing or adding value to these common foods, it becomes difficult to secure a patent. Moreover, proving originality and innovation in existing products is a significant hurdle. Courts would likely challenge any patents for such items, making them difficult to enforce.

Recognition and Trademarks

While patents may be contested or unattainable, brands like Haldiram’s and Lay’s can still leverage trademarks to protect their brand identity and marketing strategies. These trademarks safeguard the company’s reputation, packaging design, and marketing taglines. For example, Lay’s taglines like "Bet You Can’t Eat Just One" and Haldiram’s packaging can be copyrighted, ensuring customers know what to expect from each brand without encroaching on patent laws.

Conclusion

In the realm of culinary innovations, the path to patenting traditional staples like moon dal and potato chips remains challenging. Brands like Haldiram’s and Lay’s have made significant contributions to the snack market but cannot claim to have invented these items. The robust heritage of these foods and snacks makes it nearly impossible to secure patents for them. Brands can, however, use trademarks and other intellectual property measures to protect their unique selling propositions and brand identities.

For those interested in protecting their intellectual property in this sector, it's essential to explore other avenues such as trademarks, copyrights, and trade secrets. This ensures that innovations and branding strategies are well-protected while respecting the rich culinary history of these foods.