Thursday, April 1, 2021
New York Times by Jennie Erin Smith titled, “
Colombians Ask: Who Would Dare Patent Panela?”
[1] The article explains that ‘panela’ is an unrefined form of cane sugar prepared from the boiling of sugarcane juice, and its use has been widespread in Latin America for hundreds of years. According to the article, the panela process was somehow recently patented in the United States, under U.S. Patent No. 10,632,167. Since international patent laws, including those in the United States, require absolute novelty and non-obviousness as a pre-condition for patentability, my interest as an intellectual property professional was piqued. How could something in use for over 300 years suddenly become patentable? Surely the U.S. Patent Office would not have allowed such a well-known process to be patented, would it? How was this patent, U.S. Patent No. 10,632,167, allowed? And does the patent cover what the article implies? Finally, if for some reason such a patent were accidentally granted by mistake, has anyone yet challenged the so-called panela patent by using any one of the many corrective procedures the U.S. Patent Office offers to third parties, including post-grant review (PGR) and inter partes review (IPR)? What’s the