Sugarcane
concentrate containing policosanol,
Jorge
Gonzalez Ulloa, a Colombian sugar-making businessman, filed for the trademark
‘Polycane’ in the United States in June 2020. This trademark was intended to
sell sugarcane juice concentrate. Gonzalez said the "policosanol" of
sugar cane can lower cholesterol at a lower cost than pharmaceuticals. The
method for efficiently extracting this component has also been patented and was
scheduled to proceed.
▲ intomark.com the trademark search tool of WIPS Co.,Ltd |
The
policosanol extraction method described in the patent is hundreds of years old?
The
patent registered by Gonzalez is a sugar cane treatment system and method that
maximizes the preservation of policosanol during the producing of safe drinkable
cholesterol reduction products. Its patent describes a process for stably
extracting the undiluted solution from sugar cane itself. It is said that
policosanol can be produced naturally rather than artificially in this way.
However, a big controversy on the patent occurred in Colombia. This is because
the method described in the patent was no different from the Panela
manufacturing method.
▲ wipsglobal.com US patent 10632167 |
Panela,
a traditional food of Latin America,
'Panela'
is unrefined sugar made by boiling sugarcane juice. Panela, mainly produced in
Latin American countries, is a traditional food hundreds of years ago. In
particular, Colombia, which began to produce panela by Spanish conquerors in
the 16th century, is famous country of panela production. So the news of
Gonzalez's patent caused a lot of controversy, especially in Colombia. Panela producers
of Colombia said that Gonzalez had filed a patent to intercept the Panela
market, so they’ll pursue a patent invalidation lawsuit because Panela is
everyone's property.
▲ clipartkorea.co.kr |
How
was the Panela manufacturing method registered?
Experts
are absurd about the fact that the patent filed by Gonzalez has been
registered. It is the U.S. Patent Office’s fault that patents were registered
even though there are many records related to conventionally producing panela. Polk Wagner,
a law professor at the University of Pennsylvania, said “This speaks to one of
the weakness of patent examination practices”. Examiners are good at finding
references to existing technologies when they are published in the United
States, “but less so in foreign countries, in particular where the language is
different.”
This
case has made it widely known that there is a problem with the practice of US
patent examination. We’ll have to wait and see how the patent examination will
be going.
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