FEDERAL INSTITUTE OF INDUSTRIAL PROPERTY
RU patent office
IPC Revision WG – Definition Project
Modified Rapporteur Report
Project: D288
Subclass: C12J
Date 18.05.12
R thanks the JPO for the comment from 09.05.12.on the R’s proposal (Annex 11,
28.04.12). Comments were received from JP, DE, CA, EP, US. R took them into
consideration as much as possible and reasonable.
The first JP comment (Annex 3, 23.03.12):
“In the section for “Glossary of terms”, Rapporteur defined “Vinegar” as explicitly as being “acetic acid (approximately
4% - 12%).” This does not necessarily conform with the technical definition of vinegar in Japan, for example. JP
would not believe it desirable to specify the concentration by these figures. JP also reviewed US comment (Annex 2)
and agrees with its contents.”
Modified R’s proposal for Glossary:
Vinegar
A sour liquid consisting of dilute and impure acetic acid, obtained by
acetous fermentation from grape or fruit wine, cider, beer, ale or the like
used for human consumption.
1) As proposed by JP - (approximately 4%-12%) is deleted;
2) All the amendments proposed by US are included in R’s proposals in Annexes 8 and 11.
Thus the all the JP and US comments were taken into account.
JP still has the comments on “Synthetic vinegar” (Annex 13, 09.05.12).
JP: “Rapporteur already pointed out in Annex 7, "In food industry, mostly synthetic
acetic acid is commercially used". JP understands it is called a kind of "SYNTHETIC
VINEGAR". In fact, although "SYNTHETIC VINEGAR" made from chemically synthetic
acetic acid has not passed through the fermentation process, they should be classified
in this subclass C12J that deals with vinegars, rather than in C07C and other places
dealing with organic chemistry.”
US comment on it:
“US is under the impression, though it is not directly stated, that the subject matter
collected in C12 is related because it all somehow involves fermentation,
microorganisms, biochemistry, or enzymology which would mean “chemically produced
vinegar” would not necessarily be classified in C12J. However, if we understand
correctly, JP believes all vinegars, no matter how they are
produced, should be classified in C12J, if they are called vinegar in a patent
document”.
Rapporteur’s opinion
1) Base statement: Acetic acid is produced both chemically and by
bacterial fermentation and should be classified in different IPC places –
in organic chemistry or in inorganic chemistry – or in biochemistry.
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Chemically produced acetic acid should be related to
- the groups of class C07“Organic chemistry”, e.g. to C07C 53/08,
-
to subclass C01B “Inorganic chemistry”, e.g. to groups C01B 3/06,
C01B 3/22, C01B 3/32, C01B 3/38.
The last is based on the R’s investigation which have proved that it can be
also produced from inorganic compounds.
It is confirmed by the fact that “in 1847 German chemist, Hermann Kolbe
synthesized acetic acid from inorganic compounds for the first time. This reaction
sequence consisted of chlorination of carbon disulfide to carbon tetrachloride,
followed by pyrolysis to tetrachloroethylene and aqueous chlorination to
trichloroacetic acid, and concluded with electrolytic reduction to acetic acid”
(Wikipedia).
It is also confirmed by the fact that subclass C01B contains about one
hundred documents relating to producing acetic acid, e.g. JP2004315474,
EP2000433, RS20060554, NO20045381.
JP2004315474 (A) ― 2004-11-11
METHOD FOR PRODUCING ACETIC ACID AND APPARATUS FOR PRODUCING ACETIC
ACID
IPC:C01B3/38; C07C51/12; C07C53/08
PROBLEM TO BE SOLVED: To provide a method for producing acetic acid by effectively utilizing
hitherto-discarded carbon dioxide and provide a simplified apparatus for producing methanol and acetic
acid. ; SOLUTION: Acetic acid is produced by supplying stock hydrocarbons and steam to a reformer 10
to synthesize a synthesis gas composed mainly of hydrogen, carbon monoxide and carbon dioxide,
recovering carbon dioxide gas from combustion waste gas exhausted from a combustion radiation section
12 for heating the reforming tube of the reformer 10, branching the synthesized synthesis gas, recovering
carbon dioxide from one of the branched synthesis gas stream and separating the residue into a gas
composed mainly of carbon monoxide and a gas composed mainly of hydrogen, adding the gas composed
mainly of hydrogen and carbon dioxide recovered from the combustion exhaust gas and/or carbon dioxide
recovered from the synthesis gas to the other branched synthesis gas stream to synthesize methanol on a
catalyst,; and finally synthesizing acetic acid by using a part or total of the synthesized methanol and the
gas composed mainly of carbon monoxide.
In accordance with it R proposes to add to the definition section “Informative
references” corresponding references, e.g. to the group C01B 3/02 since the
relevant documents bear the symbols of its subgroups C01B 3/06, 3/22, 3/32 or
3/38.
Biologically produced acetic acid, i.e. acetic acid prepared from the fermentation
process should be related to subclass C12J “Vinegar; its preparation”.
It is known that all vinegars contain acetic acid but not any acetic acid is
vinegar.
R fully agrees that all kinds of vinegars should be classified in C12J since vinegar
is a liquid, e.g. for human consumption, produced exclusively from suitable raw
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materials, i.e. starting materials, containing starch and/or sugars by the process of
double fermentation, first alcoholic and then acetous.
Acetic acid (also known as ethanoic acid) is a key ingredient in vinegar; it is
responsible for its sour taste and pungent smell. Vinegar is an aqueous solution of
acetic acid and results from the fermentation of alcohol dilutions.
In the Standards of CEN (Comite Europeen de Normalisation or European
Committee for Standartisation)
EN 13188 “Vinegar – Product made from liquids of agricultural origin”
EN 13189 “Acetic acid food grade – Product made from materials of nonagricultural origin”
one can find specified Definitions, Requirements, Marking for both kinds of
products.
2) Terminology: vinegar, “synthetic vinegar”, “fermented vinegar”
In class C07 it was found about one hundred documents containing the term
“vinegar” but in essence most of them deal with the use of acetic acid. 8
documents relate to acetic acid fermentation (US2006154351, JP5111375) and
bear the symbols of C12J. 2 documents contain terms “synthetic” and “vinegar”
separately. In JP2008290957 the word combination “fermented vinegar” is used in
the meaning “fermented acetic acid” but the IPC symbols do not contain the
symbol of subclass C12J in spite of the presence of acetic acid fermentation.
Only 1 cited below document contains the word combination “synthetic vinegar”
(also the word combination “fermented vinegar”).
JP2007238465 (A) ― 2007-09-20
METHOD FOR PRODUCING ACETIC ACID EXTRACT OF JELLYFISH AND PEPTIDE
DERIVED FROM JELLYFISH COLLAGEN
IPC:A23J3/04; A23L1/30; A23L1/325; A23L2/52; A61K38/17;
A61K38/55; A61P43/00; A61P9/12; B01D11/02; B09B3/00; C07K1/14;
C07K7/04; C07K7/14; C12N9/99; A61K35/56
PROBLEM TO BE SOLVED: To provide a method for producing an acetic acid extract of jellyfish and a
peptide derived from jellyfish collagen usable for hypotensor, preventive for hypertension, functional
foods, etc. ; SOLUTION: Jellyfish is added with >=10 times weight of acetic acid and heated for about
10-30 min to obtain a nearly homogeneous solution containing an acetic acid decomposed peptide derived
from jellyfish collagen as a main component and the solution is dried in vacuum or dissolved in water and
freeze-dried to obtain powdery product. The acetic acid may be synthetic vinegar or fermented
vinegar. The powdery product contains a peptide having ACE inhibition activity.
As we understand JP would like to apply as the general term the word “vinegar”
both to chemically produced acetic acid and to biologically produced acetic acid.
R considers it to be a misuse of the term “vinegar” since
- vinegar is not a chemical product and can not have the name “synthetic vinegar”,
this term means chemically produced acetic acid;
- “fermented vinegar” means in essence “fermented fermented acetic acid”.
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R is of the opinion that the problem consists in the correctness and the
consistency of the use of the term “vinegar” in patent documents.
As far as a patent document is a product of intellectual human work technical
expressions and terms used in the texts of titles, descriptions or abstracts by an
applicants of different countries can be varied.
The proposed by JP the word combination “synthetic vinegar” seems an artificial
syntagm as well as “fermented vinegar”. In the US patent documents we did not
find similar confusing expressions.
In this connection R believes necessary to include in the section “Definition
statement” for subclass C12J an additional bullet for “Vinegar”.
In the definitions taken from different internet resources cited below the word
combinations “synthetic vinegar” or “fermented vinegar” are not used.
EUROPEAN REGIONAL STANDARD FOR VINEGAR
Vinegar is a liquid, fit for human consumption, produced exclusively from suitable products
containing starch and/or sugars by the process of double fermentation, first alcoholic and then
acetous.
American heritage dictionary:
Vinegar - An impure dilute solution of acetic acid obtained by fermentation beyond the alcohol
stage and used as a condiment and preservative
Wikipedia
Vinegar is a liquid substance consisting mainly of acetic acid and water, the acetic acid being
produced through the fermentation of ethanol by acetic acid bacteria.[1] It is today mainly used in
the kitchen, but historically, as the most easily available mild acid, it had a great variety of
industrial, medical, and domestic uses. Commercial vinegar is produced either by fast or slow
fermentation processes. In general, slow methods are used with traditional vinegars, and
fermentation proceeds slowly over the course of weeks or months. The longer fermentation
period allows for the accumulation of a nontoxic slime composed of acetic acid bacteria. Fast
methods add mother of vinegar (i.e., bacterial culture) to the source liquid before adding air
using a venturi pump system or a turbine to promote oxygenation to obtain the fastest
fermentation. In fast production processes, vinegar may be produced in a period ranging from 20
hours to three days.
Reference.com
Vinegar - sour liquid consisting mainly of acetic acid and water, produced by the action of
bacteria on dilute solutions of ethyl alcohol derived from previous yeast fermentation. The
coloring and flavoring are characteristic of the alcoholic liquor (as cider, beer, wine, fermented
fruit juices, solutions of barley malt, hydrolyzed cereals, starches, or sugars) from which the
vinegar is made.
3) R’s task is to create the Definition for subclass C12J on the basis of the
existing IPC and relevant patent documents but not on the basis of the JPO’s
classisification where under the main group C12J 1/00 there is the entry
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101
. Synthetic vinegar.
As far as R could understand from the JP comment chemically produced
acetic acid not passed through the fermentation process is called “Synthetic
vinegar”. Due to this name JP considers that vinegars should include synthetic
vinegars and that vinegar “are not limited to those that received biochemical
treatment such as fermentation, etc.” For this reason JP believes that “synthetic
vinegar should be classified in this subclass C12J that deals with vinegars, rather
than in C07C and other places dealing with organic chemistry”.
R does not support the use in patent documents and in classification materials
of the word combination “synthetic vinegar” as confusing.
Furthermore JP would consider it preferable the sentence“C12J covers biochemical
aspects of vinegar preparation, …” in the section “Relationship…” to be
reworded as follows:
“C12J covers chemical aspects of vinegar preparation, …”.
R is for keeping “biochemical” taking into account CA opinion.
4) R can not agree with the JP classification approach since according to the
Guide to the IPC the principle of classification of a chemical compound reads as
follows:
- “when the subject of the invention concerns a chemical compound per se
(organic, inorganic, macromolecular) is classified in the section C according to its
chemical structure” (paragraph 93) (As we see the principle of classification is not
based on the name of a compound even it used in a patent document);
- “when the subject of the invention concerns a process of preparation or treatment
of a chemical compound, it is classified in the place for the process of preparation
or treatment of the compound concerned” ( paragraph 95).
Following the Guide “Synthetic vinegar” being a chemically produced acetic acid
not passed through the fermentation process should be classified in C07 or in
C01B as we have proved above but not in C12J.
Just the contrary the JPO considers that chemically produced acetic acid not passed
through the fermentation process should relate to C12J. In this case the huge
reclasssification work would be needed:
C07C53/08 – about 6000 documents;
C07C
- about 15000 documents;
C07
- about 26000 documents;
C01B
- about 100 documents
R is totally against.
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5) R prefers to keep as it is the last sentence in the “Relationship between …”
section, i.e.
“Both acetic acid prepared by chemical synthesis (e.g. C07C 53/08) and acetic
acid named vinegar (C12J) prepared by biosynthesis may be used for human
consumption.”
Natalia Alisova
Lada Tsikunova
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