Special requirements of food patent specifications and claims

The writing of an application document for a patent for invention in the food field must first meet the requirements of Article 26 of the Patent Law on the documents to be submitted for applying for a patent for invention and utility model, the writing requirements of Article 18 of the Detailed Rules for the Implementation of the Patent Law on the description of invention and utility model, and the special requirements of the description and claims of food patents: 1. Toxicity requirements: In the description of the application for a patent for invention requesting protection of food additives, this is because the patent law is different from the food hygiene law, which has strict restrictions on the types and dosage of food additives, and these allowed food additives are very mature. (2) Development and utilization of new beverage and food resources: For the same reason as above, the original instructions do not specifically require the toxicity test data of new beverage and food resources to be recorded, but the basis for the development and utilization of this resource should be explained in the instructions as far as possible, such as the chemical composition and determination results of the nutrients contained. Two. Writing of claims for food and beverage products (i) Writing of claims for food and beverage products 1. If the product to be protected can be clearly defined by its final product components, the claim can be written according to the expression of the components. 2. If the composition alone is not enough to clearly define the product, then the claim of the product can be defined by the composition plus physical and chemical parameters. If the invention involves changes in the structure and shape of food and beverage products, the claim may be characterized by structural and shape characteristics. (II) Writing of food and beverage method claims The writing of food and beverage method claims can be used to characterize the technical characteristics of the method, including raw materials, process steps and conditions, target products, and additional equipment restrictions if necessary. For multi-step method invention, it is necessary to distinguish which steps are necessary and which are unnecessary to achieve the purpose of the invention; Among the necessary steps, which steps are different from the prior art? Only with such a thorough understanding of the invention can we know how to express a complete invention theme in clear and concise language and properly limit the scope of protection.