Can food be patented?

Diet is a broad concept that includes beverages and foods, and foods include processed foods, semi-finished products, and unprocessed foods.

my country's patent law has clear regulations on what can and cannot be patented. Article 22 of the Patent Law stipulates: Inventions and utility models for which patent rights are granted must possess novelty, creativity and practicality.

Therefore, food can be patented as long as it meets the conditions.

Extended information

Patent Law of the People's Republic of China

Chapter 2. Conditions for granting patent rights

Article 22: Inventions and utility models for which patent rights are granted must 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 the technology that is known to the public at home and abroad before the filing date.

Article 23: The design for which patent rights are granted shall not be an existing design.

No unit or individual has filed an application with the Patent Administration Department of the State Council for the same design before the filing date, and it has been recorded in the patent documents published after the filing date.

The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features.

The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date.

The term "existing designs" as used in this Law refers to designs that are known to the public at home and abroad before the date of application.

Standing Committee of the People's Congress of Dianjiang County, Chongqing City-Patent Law of the People's Republic of China