Use Invention of Food Becomes Patentable Subject Matter｜IP Laws & Practices

Under the current Japanese Examination Guidelines, it is considered that a discovery of a new attribute of publicly known foods, such as “Yogurt for use in strengthening bones comprising an ingredient A”, provides no new “use” as food which is distinguishable from publicly known foods, thus use invention of food is not patentable.

However, taking into consideration the recent circumstances and the like where research and development relating to functionality of food has been actively made, the JPO has officially announced that it will revise the Guidelines to acknowledge that use invention of food is a patentable subject matter.

Under the new Guidelines, various claim formats will be acceptable as use invention of food, and the JPO shows some examples thereof, such as “An agent for use in X comprising an ingredient A as an active ingredient”, “A composition for use in X comprising an ingredient A as an active ingredient”, “A food composition for use in X comprising an ingredient A as an active ingredient” and “Yogurt for use in X comprising an ingredient A as an active ingredient”.

The JPO plans to invite public comments on the revision and thereafter apply the new Guidelines from April, 2016, and suspends the examination of use invention of food until the JPO starts the examination under the new Guidelines.

Kawaguti & Partners