Diet is a broad concept, including drinks and food, while food includes processed food, semi-finished products and unprocessed food.

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 patent rights shall be novel, creative and practical.

Therefore, as long as the conditions are met, food can be patented.

Extended data

patent law of the people's republic of china

Chapter II Conditions for Granting Patent Rights

Article 22. Inventions and utility models granted patent rights should be novel, creative and practical.

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

No unit or individual 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 was 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 date of application.

Article 23. The design granted the patent right does not belong to the existing design.

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

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

A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.

Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.

Dianjiang County People's Congress Standing Committee-People's Republic of China (PRC) Patent Law