From its iconic branding to its consistent crunch, Lay’s potato chips are a global symbol of snack perfection. To have secured such savory heights Lay's clearly has potato chips down to a science. So much so, the company even uses a specially modified and patented potato variety called “FC5.”  

According to Reuters, PepsiCo Inc, the parent company of Lay's, recently attempted to appeal a revocation of their patent for the special potato variety in India, yet the order was rejected. As it turns out, despite having owned the patent previously, patents on seed varieties aren’t allowed in India. It was a farmers’ rights activist named Kavitha Kuruganti that brought the issue to light, claiming the company couldn’t patent a seed. 

Lay's has produced potato chips in India since 1989. To maintain its signature taste and texture, the company supplies local farmers with its FC5 seed variety, and in return, the farmers sell their produce to the company at a fixed rate. The FC5 potato was released in 2009 and is considered superior because it has less moisture content which makes it easier to process snacks. 

Kuruganti said in a statement, “It is good that the judgment of Justice Navin Chawla upheld the revocation order.” The revocation follows a 2019 incident in which PepsiCo sued several Indian farmers for growing the FC5 potato variety. Accusing them of patent infringement, the company sought over 10 million rupees ($121,050) for each infringement. Facing controversy, PepsiCo later withdrew the lawsuits.

According to Quartz, PepsiCo has developed and registered special-variety potatoes in India since 2008. During that year the supply of the country’s potatoes was impacted due to bad crops. The company works with over 24,000 farmers in India via PepsiCo India. As of now, Pepsi’s potato plight continues.