How to apply for a food formula patent

You can apply for an invention patent (protection period: 20 years) for both the preparation method and the formula of food, and an appearance patent for the shape of food (protection period: 10 year).

Legal basis:

Measures for the administration of food hygiene license

Eleventh any unit or individual engaged in food production and marketing activities to apply for a hygiene license shall meet the requirements of the corresponding food hygiene laws, regulations, rules, standards and norms, and have the conditions suitable for their food production and marketing activities.

Article 12 To apply for food production and processing, the following conditions must be met:

(a) full-time and part-time food hygiene management personnel with health management system, organization and professional training;

(2) Having factories, facilities, equipment and environment that are suitable for food production and processing and meet the hygiene requirements;

(3) Having the conditions and measures to control the pollution in the process flow and production and processing;

(four) raw and auxiliary materials, tools, containers and packaging materials that meet the hygiene requirements;

(5) Having institutions, personnel and necessary instruments and equipment capable of inspecting food;

(six) employees have passed the pre-job training and health examination;

(seven) other conditions stipulated by the provincial health administrative department.

Thirteenth to apply for food business, you must meet the following conditions:

(a) full-time and part-time food hygiene management personnel with health management system, organization and professional training;

(2) Having business premises, facilities, equipment and environment that are suitable for food business and meet hygiene requirements;

(3) Having the conditions and measures to control the pollution in the process of food storage, transportation and sales;

(4) The employees have passed the pre-job training and health examination;

(5) Other conditions stipulated by the provincial health administrative department.

Article 14 To apply for the management of dining halls, the following conditions must be met:

(a) full-time and part-time food hygiene management personnel with health management system, organization and professional training;

(two) there are processing and business premises, cleaning, disinfection and other sanitary facilities and equipment that meet the sanitary conditions and requirements;

(3) Having the conditions and measures to control the pollution in the process of food procurement, storage and processing;

(4) The employees have passed the pre-job training and health examination;

(5) Other conditions stipulated by the provincial health administrative department.

Fifteenth materials submitted to apply for a health permit shall be true and complete, and the specific requirements shall be uniformly stipulated by the provincial health administrative department.