KRISHNAMACHARI RAMU Vs. SRINIVASA RAJA

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners questioning the validity and or correctness of the order dated 24.11.2011 passed by the third respondent, by which the third respondent revoked the patents granted in favour of the petitioners on 01.05.2006 under No. 193899 and 200285 in respect of the process for preparation of low glycemic sweets and product patent for low glycemic sweets respectively.

(2.) The petitioners have filed an application seeking patent before the second respondent in relation to 'process for preparation of low glycemic sweets' using a natural sweetener Fructose, also known as Levulose. According to the petitioners, the sweets made using Levulose are meant for consumers with diabetes and diabetic tendencies and that it will maintain the same textural and visual properties as sweets prepared using sugar cane. It is the case of the petitioners that in normal circumstances, Levulose, when used at high temperature, results in a brown mass due to Maiilard reaction/Caramelisation Maiilard reaction which occurs between protein element of the sweet-meat and the carbohydrate of the fructose when they are cooked at high temperatures, as required for preparing traditional Indian sweets. According to the petitioners, the formation of the brown mass is dangerous to health and is prone to cancer, kidney related problems. It is the contention of the petitioners that Caramelisation occurs when Fructose/ Levulose is heated and there is no protein carbohydrates interaction. This is because Fructose/Levulose reduces sugar and browns on heating. Thus, syrups which are made for traditional Indian sweets like Rasagula and Gulab Jamun turns brown when Levulose is heated with water, even though no protein element is added due to caramelisation. When levulose is used at high temperatures along with protein element of sweetmeat, both Caramelisation and Mallard Reaction occur together. This invention made by the petitioners addresses the needs of not only people with diabetic, but also children with juvenile diabetic. The petitioners claim that such invention made by them is the first in the World to use Levulose in powder, Crystalline or syrup form to manufacture traditional sweets. Further, under the traditional methods of preparing Indian sweets, the protein in the sweet-meat mass, the fat and sugar are mixed and cooked at high temperature. Levulose is a reducing sugar and when used in traditional Indian recipe leads to browning due to maillard reaction as the protein in the sweet-meat mass attaches itself to the reducing sugar at such high temperature and a browned mass is obtained. According to the petitioners, the invention they have made attempts to overcome the browning due to Maillard reaction/caramelisation by a novel method of Purging Inert Gas (Nitrogen) through Fructose Solution while heating at an elevated temperatures and through different permutations and combinations. The invention made by the petitioners ensured that Maillard Reaction/Caramelistion does not occur or is minimised. According to the petitioners, these combinations have been obtained as a result of application of extensive research and trials to arrive at a combination of parameters which eliminate Maillard Reaction/Caramelisation. It is further contended that this patent, which the petitioners have invented, satisfies the meaning of 'invention' as defined under The Patents Act, 1970 and the steps which the petitioners have taken in that direction satisfies the meaning of the definition 'inventive step' under Section 2 (1) (i) and Section 2 (1) (ia) respectively and also the new invention as defined under Section 2 (1) (l) of The Patents Act, 1970. It is the contention of the petitioners that after sustained research and development made by them, they have overcome the Maillard reaction/Caramelisation through combination of different elements such as Purging of Inert Gas, Use of Vaccum or low pressure, Use of steam and High Pressure, balancing the protein-carbohydrate ratio, altering the reactive temperature, altering the reaction time allowed for such reaction between Protein and carbohydrate, altering the Water activity (lesser water activity leads to lesser Maillard reaction) cooking under an inert gas blanket, balancing to pH etc.,

(3.) According to the petitioners, the invention they have made provides for three processes/methods for making a non-browned syrup of Levulose to be used in the preparation of sweets. It also provides for two processes/methods to make the non-browned Low Glycemic Levulose/Fructose based sweetmeat by balancing the protein carbohydrate ratio etc., to ensure that there is no Maillard reaction/Caramelisation or that Maillard reaction/Caramelisation is minimised. Further, the invention provides a workable range for the five parameters namely (i) Protein Carbohydrates ratio (ii) Reaction time (iii) Reactive temperature (iv) pH and (v) Water Activity, for the use of Levulose in the form of syrups, Crystalline or Amorphouse/powder forms. Each of the three forms of Levulose have certain parameters only, within which, when used, Maillard Reaction or Browning will not occur. Among these three methods used to prepare levulose syrup, two of these methods talk of high temperature. Only the third method talk of the 60-80 degree Centigrade conjunction with low pressure and vaccum.