20 July 2012

Thoughts from IFT12

I recently had the opportunity to attend the U.S. Institute of Food Technology (IFT) 2012 annual convention (IFT12) in Las Vegas. It was even bigger than IFT11: over 18,000 attendees, over 1,000 exhibiting companies.

So while the U.S. food manufacturing industry appears to be in rude health, food technologists are worried. They fear the erosion of trust by the public of the food industry as a whole. The misunderstanding (wilful or otherwise) of what ‘processed food’ actually is continues to be a very real threat to the industry, and also the food technology profession’s ability to attract students and members.

A number of presentations addressed this issue at the convention. The fundamental fact is that humans have been processing food for thousands of years. ‘Processing’ has always been performed to make food last longer, less susceptible to spoilage, better tasting, more convenient to store and consume, etc.

However, when consumers are surveyed as to what they think about processed foods, the most common reactions include words such as: ‘added chemicals’, ’unnatural’, ’preservatives’, and ’unhealthy’. Even the term ‘food technology’ had become problematic, as consumers don’t enjoy the idea that ‘technology’ has somehow been involved in the production of their food, in contrast to the way that they DON’T have an issue with ‘medical technology’ or ‘communications technology’.

Now with the proliferation of social media and the ‘food bloggers’, some of whom have an ‘anti-processing’ agenda, the ability of misinformation about food processing to spread and become part of public consciousness has changed the game for food manufacturers. The message I heard at IFT12 is that while patient explanation of the scientific reality of modern processed foods is still necessary, it will never be enough on its own to win the debate.

Some of the collective wisdom of the presenters is:

  • Communicate the real need for food science and technology, e.g. that the world will need to feed 33% more mouths in the next few years, but that right now 30% of the worlds food production is spoiled by pests or micro-organisms long before it reaches the consumer.
  • Play up the culinary aspect of food manufacturing, because this is something consumers can more readily engage with.
  • Get on the front foot against misinformation – don’t run from or hide the fact that food technology is a key part of a safe and reliable food chain.
  • Never overestimate the credentials and knowledge of those seeking to spread sensational misinformation – challenge their ‘facts’; don’t accept their premise.
  • Recognise that in a politically polarised media landscape, the noisiest minority views will tend to rule.
  • Be transparent: throw open the factory door; don’t appear secretive as this will equate to a perception of underhandedness.
  • Partner, at ‘arm’s length’, with independent online opinion leaders. This means maintaining an open, factual dialogue with them, not necessarily trying to ‘recruit’ them as a mouthpiece.


The IFT itself has responded to what they see as a crisis, via activities such as a workshop entitled ‘Changing the Conversation About Food Science’, reported here.

I particularly like the following observation:

Author Michael Pollan, an outspoken critic of processed foods, says that “food is what your great-grandparents ate,” said Fergus Clydesdale of the University of Massachusetts, adding that he hopes that is not the case because what our grandparents ate wasn’t always optimal. Consider Ireland in the mid-19th century, for example; when the potato blight struck, millions died or were forced to emigrate.

“I really think the media should look at just how good were the good old days,” said Clydesdale. “We have to approach it on an historical level with real data.” He pointed out that many people today are losing touch with some of the benefits of food science because they’ve rarely encountered a spoiled food and “therefore they don’t understand how a food stays stable and safe and why they should be concerned about it.”

The IFT has also produced a number of emotive videos aimed at reminding consumers of the positive role food science plays in a modern society, which are published here.

The challenge is real, and the message is important, because the misinformation that pushes consumers away from ‘processed foods’ may well be pushing them toward unsafe foods.


by Adam Hyland

13 July 2012

Raising The Bar On Inventive Step


As previously reported, the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was enacted on 15 April 2012. One of the most significant and publicised changes concerned the inventive step test.

The inventive step test revolves around a hypothetical person skilled in the relevant art to an invention under scrutiny. If this person would have considered the claimed invention to have been obvious as at the claim's priority date then the claim in question fails the inventive step test.

The question of obviousness is effectively based upon two sources of information, that being common general knowledge and prior art information (or a combination of common general knowledge and prior art information).

Common General Knowledge
Prior to the recent changes, the common general knowledge was restricted to that as it existed in the patent area (which effectively meant Australia). The changes have now removed this jurisdictional limitation. Hence, the test now allows consideration of a conceptually global common general knowledge.

Prior Art Information
Prior art information includes documents made publicly available (anywhere in the world) and information made publicly available through an act (anywhere in the world). In assessing inventive step, the skilled person is allowed to consider a single piece of prior art information or a combination of pieces of prior art information (if the skilled person could have been reasonably expected to make the combination).

Prior to the recent changes, there were restrictions upon the applicability of each piece of prior art information. In effect, each piece of prior art information needed to satisfy the requirement that the skilled person could reasonably have been expected to have ascertained, understood and regarded as relevant the prior art information as at the priority date. The changes have now removed these restrictions. In effect, if something is prior art, it is applicable.

Ramifications
While the changes to inventive step have, in essence, raised the threshold bar; the changes have also, in fact, simplified the inventive step question in a more practical sense. The benefits of this simplification will probably become more apparent in cases where the validity of a claim is challenged in oppositions and judicial proceedings. Wrangles over what prior art information can or cannot be considered may become a thing of the past. Furthermore, the admissibility or relevance of evidence from overseas experts will become uncontroversial.

The changes have moved the inventive step question closer in line with other major patent jurisdictions. Whether this means a claim passing inventive step scrutiny by IP Australia will give better weight when the claim is assessed in other jurisdictions will remain to be seen. However, it's nice to be optimistic.

Coming Into Effect
The relevant changes will come into effect on 15 April 2013. However, the manner in which the changes take effect requires careful consideration.

The new inventive step test will be applicable to all Australian patents and patent applications in which a request for examination is filed on or after 15 April 2013.

As a consequence, the new inventive step test can have a retrospective effect on existing pending Australian patent applications, unless a request for examination is filed by 14 April 2013. On the flip side, future Australian patent applications which are filed on or before 14 April 2013 AND have examination requested by 14 April 2013 will retain the application of the lower threshold inventive step test.

While, under Australian practice, examination must be requested within certain deadlines (i.e. within 5 years of filing or 6 months from being directed to do so), examination can be requested voluntarily at any time. Hence, if the change in inventive step test raises any cause for concern, it may be worth considering voluntarily requesting examination before 14 April 2013.

On a similar note, anybody considering filing an Australian patent application in the future (whether as an application claiming priority from an overseas application or a national phase from a PCT application) may want to think seriously about doing so earlier than planned and also requesting examination.


by Simon Ellis