Food Patents

A patent is a legal tool that protects technology superior to what came before, while providing a foundation for further technological progress. For that reason, an invention must not be the same as existing technology (novelty) and must be more effective than existing technology (inventive step). The specification must also be written clearly and in detail so that third parties can build on it (enablement and written description).

These principles apply equally to foods. To be patented, a food must differ from existing foods and be more effective. Being different is easy to understand, but what does it mean for a food to be more effective? In patent examination practice, it means superior sensory qualities such as taste or texture.

In the food field, small changes such as the ratio of ingredients or the order of cooking can make a big difference in taste. The more detail you put in the specification, the easier it is to meet the requirements of novelty, inventive step and description, but the more of your know-how is disclosed. That is why you need a strategy that secures a patent while disclosing only the minimum know-how in the specification.

If you are preparing a food patent, INCUBE Patent & Law Firm will help you secure your rights with the best strategy.