How to apply for a food patent?

Legal analysis: the process of food patent application: first, the parties file a written patent application; 2. After receiving an application for a patent for invention, the administrative department for patent in the State Council, if it meets the requirements after preliminary examination, shall publish it eighteen months after the date of application; Three, an application for a patent for invention within three years from the date of application, after substantive examination found no reason for rejection, issued a patent for invention certificate.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit a request, a specification, an abstract and a claim.

Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.