Delhi High Court turns down PepsiCo's appeal against revocation of potato patent

An Indian court rejected PepsiCo Inc’s appeal against an order that revoked a patent for a potato variety grown exclusively for the New York-based company’s popular Lay’s potato chips.

An Indian court rejected PepsiCo Inc's appeal against an order that revoked a patent for a potato variety grown exclusively for the New York-based company's popular Lay's potato chips.

The Protection of Plant Varieties and Farmers' Rights (PPVFR) Authority in 2021 revoked intellectual protection granted to PepsiCo's FC5 potato variety, saying that India's rules do not allow a patent on seed varieties.

The authority removed PepsiCo's patent cover after Kavitha Kuruganti, a farmers' rights activist, argued that the company cannot claim a patent over a seed variety.

PepsiCo petitioned the Delhi High Court against the revocation of the patent cover.

In its order dated July 5, Delhi High Court judge Navin Chawla dismissed PepsiCo's appeal against the authority's decision.

"We are aware of the order ... and are in the process of reviewing the same," a PepsiCo India spokesperson said in a statement.

The U.S. snacks and drinks maker, which set up its first potato chip plant in India in 1989, supplies the FC5 seed variety to a group of farmers who in turn sell their produce to the company at a fixed price.