Yes, food can 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 be novel, Creativity and practicality.

So, as long as the conditions are met, food can apply for a patent.

Extended information

Patent Law of the People's Republic of China

Chapter 2, conditions for granting patent rights

Second Article 12: 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 existing technology.

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 application date, and it has been recorded in the patent application documents or announced patent documents published after the application 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.

Practiceability 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 was 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 application date, and it has been recorded in patent documents published after the application 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 were 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