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Update：05/21/2018
Use inventions about food in Japan
Use inventions about food have been allowed since the revision of examination guidelines in Japan around two years ago.
For example, consider the following:
[Claim 1] A food composition for use in preventing a hangover containing an ingredient A as an active ingredient.
In the above example, “for use in preventing a hangover” may be allowed under the following two conditions:
1. That use was derived from discovering of an unknown attribute that promotes alcohol metabolism by an ingredient A.
2. The use application which is derived from the attribute is different from any known uses and novel.
(According to Examination Guidelines Part 3, Chapter 4, Section 3 from the Japan Patent Office (JPO).)
There have not been many court cases yet in which use inventions concerning food have been discussed as an issue. However, sales of foods using the system of “food with function claim (FFC)”, which can be labelled clearly with nutritional function based on certain scientific evidence by manufacturers, are growing year by year. Although FFCs are registered at the Consumer Affairs Agency (CAA) rather than the JPO, it is expected that patent applications with use inventions concerning food will increase due to supporting the functionality of a “function claim” as a patent right.
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Contact us with any questions, comments, or concerns. Your communication will be confidential.
Update：05/21/2018
Use inventions about food in Japan
Use inventions about food have been allowed since the revision of examination guidelines in Japan around two years ago.
For example, consider the following:
[Claim 1] A food composition for use in preventing a hangover containing an ingredient A as an active ingredient.
In the above example, “for use in preventing a hangover” may be allowed under the following two conditions:
1. That use was derived from discovering of an unknown attribute that promotes alcohol metabolism by an ingredient A.
2. The use application which is derived from the attribute is different from any known uses and novel.
(According to Examination Guidelines Part 3, Chapter 4, Section 3 from the Japan Patent Office (JPO).)
There have not been many court cases yet in which use inventions concerning food have been discussed as an issue. However, sales of foods using the system of “food with function claim (FFC)”, which can be labelled clearly with nutritional function based on certain scientific evidence by manufacturers, are growing year by year. Although FFCs are registered at the Consumer Affairs Agency (CAA) rather than the JPO, it is expected that patent applications with use inventions concerning food will increase due to supporting the functionality of a “function claim” as a patent right.
Related article
We’re glad to hear from you.
Contact us with any questions, comments, or concerns. Your communication will be confidential.
