Legal analysis: Yes, food can be patented. Diet is a broad concept that includes beverages and foods, and foods include processed foods, semi-finished products, and unprocessed foods.
Legal basis: "Patent Law of the People's Republic of China" Article 22 Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality. Novelty means that the invention or utility model does not belong to the prior art. No unit or individual has filed an application with the Patent Administration Department of the State Council for the same invention or utility model before the filing date, and it has been recorded in the patent application documents or announced patent documents published after the filing date. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The term "existing technology" as used in this Law refers to technology that was known to the public at home and abroad before the filing date