Can food be patented?

Food can apply for a patent for invention. An invention patent is a new technical scheme to improve a product or method. Food belongs to the improvement of a product, and you can apply for an invention patent. If the claimed food can be clearly defined by the composition of its final product, its claim can be written according to the expression of the composition; If the composition alone is not enough to clearly define the product, the product claim can be defined by the composition plus physical and chemical parameters; If the invention involves changes in the structure and shape of food, its claim can be characterized by structural and shape characteristics.

Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

Invention-creation as mentioned in this Law refers to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.

Article 64

The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the content of the claim.

The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.

What are the application conditions for food patents?

The conditions for applying for a food patent are: only the conditions for applying for an invention patent need to be met, that is, novelty, creativity and practicality need to be met. Food patents can apply for patents for inventions and utility models. No matter what kind of patent you apply for, the first thing you have to do is to make a request. law

Legal basis:

People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.