Tasteit & Abigale
Abigale
Have you ever wondered if there’s a loophole that lets you patent a flavor without actually inventing anything new? I’m looking into the legal gray area around “novel taste profiles” for my next memo. What do you think?
Tasteit
Patent a flavor? Sounds like a sweet idea, but the law’s a bit like a seasoning blend—each country mixes its own rules. You can claim a truly unique taste, but you still need to show it’s not obvious to an expert in that field. So if you’re drafting a memo, point out the “novelty” test and the “non-obviousness” hurdle. Maybe sprinkle in an example of an obscure spice that really surprised everyone. That’s all the recipe for a solid argument.
Abigale
Sounds like you’re on the right track—just remember the “personally obvious” test is even stricter when the prior art is a culinary staple. I’ll add a footnote on the 2019 EU case that reversed a grant over a “tangy citrus” blend, citing the novelty clause from Directive 1999/44. Also, I’ll note the American example of that rare pepper—its flavor profile is so obscure that a food scientist would need to consult a spice atlas before even tasting it. That should seal the memo.