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PepsiCo’s Potato Patent Victory

February 12, 2024


PepsiCo, the multinational food and beverage corporation, has reportedly emerged victorious in an appeal against an attempt by India to revoke its patent for the FC5 potato variety, a unique variety used exclusively for the production of Lay’s potato chips.

The legal battle began in 2021 when the Protection of Plant Varieties and Farmers’ Rights Authority (the “Authority”) in India revoked the patent for the FC5 potato variety. The Authority justified this action by stating that Indian regulations do not permit the patenting of seed varieties. PepsiCo appealed the revocation, but, in July 2023, the appeal was dismissed by Delhi High Court Judge Navin Chawla. PepsiCo subsequently appealed to reverse the dismissal.

In a decision released January 9, 2024, the July 2023 appeal was reportedly overturned by two Deli High Court judges, setting aside the previous decision that revoked the patent for the FC5 potato variety.


Authors: Josh Sloan and Kasia Donovan


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