Usage Invention of Food Becomes Patentable

At the 7th meeting of the Examination Guideline Advisory Committee held on December 8, 2015 it was agreed to grant patents for usage inventions of food.

At present, usage inventions of food are not patentable in Japan. However, recently research for functional food is being actively done due to rising health consciousness, and major countries such as the U.S.A., the EPO, China and Korea allow the patenting of usage inventions of food. Therefore, the Examination Guidelines for usage inventions of food will be revised to grant patents for usage inventions of food. Details are as follows.

1. Interpretation of a food invention having a usage limitation
A usage limitation in a food invention is interpreted as an element of the invention. However, regarding a plant or animal with a use limitation, such use limitation is excluded from the invention.

2. Claim format for a food invention
Examples of claim formats are:
"An agent for usage Y comprising ingredient X",
"A composition for usage Y comprising ingredient X as an active ingredient",
"A food composition for usage Y comprising ingredient X as an active ingredient", and
"Yoghurt for usage Y comprising ingredient X as an active ingredient".

< The Reporter’s Comments>
Though examination will be changed after revision of the Examination Guidelines, it is recommended to prepare specifications or claim amendments in accordance with the above practise from now.

Reported by Toshio NAKAMURA, Ph.D., Japanese Patent Attorney