Yes, food can be patented.

Diet is a broad concept, which includes drinks and foods, while foods include processed foods, semi-finished products and unprocessed foods.

China's patent law clearly stipulates what can and can't be patented. Article 22 of the Patent Law stipulates that inventions and utility models granted with patent rights should be novel, creative and practical.

So, as long as it meets the requirements, food can be patented.

Extended information

Patent Law of the People's Republic of China

Chapter II Conditions for Granting Patent Rights

Article 22 Inventions and utility models for which patent rights are granted shall be novel, creative and practical.

novelty means that the invention or utility model does not belong to the prior art.

No unit or individual has filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it is recorded in the patent application documents published or announced after the filing date.

creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

practicality means that the invention or utility model can be manufactured or used, and can produce positive effects.

the existing technology mentioned in this law refers to the technology known to the public at home and abroad before the filing date.

article 23. a design for which a patent right is granted shall not belong to an existing design.

No unit or individual has filed an application for the same design with the patent administration department of the State Council before the application date, and it is recorded in the patent documents announced after the application date.

compared with the existing design or the combination of existing design features, the patented design should have obvious differences.

the design for which the patent right is granted shall not conflict with the legal rights obtained by others before the date of application.

the existing design mentioned in this law refers to the design known to the public at home and abroad before the filing date.

Dianjiang County People's Congress Standing Committee-Patent Law of the People's Republic of China