Can traditional food be patented?

Application for invention patent: a new technical scheme can be put forward for a product or method, or an invention patent can be applied for the improvement of a product or method.

The writing of application documents for invention patents 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 patents for inventions and utility models, and the writing requirements of Article 18 of the Detailed Rules for the Implementation of the Patent Law on the descriptions of inventions and utility models.

Extended data:

(1) Requirements for the toxicity of food additives: There are no special requirements for the toxicity test of food additives in the specification of the application for a patent for invention requesting the 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 food and beverage resources: For the same reason as above, it is not particularly required to record the toxicity test data of new food and beverage resources in the original manual, but the basis for the development and utilization of this resource should be explained as much as possible in the manual, such as the determination results of chemical components and nutrients.

(1) Writing of food and beverage product statement

A. If the product to be protected can be clearly defined by the composition of its final product, its claim can be written according to the expression of the composition.

B. If a single component is not enough to clearly define the product, the claim of the product can be defined by the component 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.

(2) Writing of food and beverage method claim.

Regarding the writing of the method claim for food and beverage, the technical features that can be used to characterize the method include: raw materials, process steps and conditions, target products, and equipment restrictions can be increased 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.

Baidu encyclopedia-food patent