Current location - Recipe Complete Network - Catering training - Is it possible to patent the invention of a dish?
Is it possible to patent the invention of a dish?

Dishes are not patentable. The "rules and methods of intellectual activity" referred to in the Patent Law mainly refer to the products of purely intellectual activity, such as the rules and methods of playing chess.

The second article of the Patent Law explains that a patent for an invention or a utility model must be a "technical program" of some kind. It is not difficult for a slightly experienced writer to write a cooking method or process as a technical solution to a technical problem in the process of forming a text.

Article 25 of the Patent Law of the People's Republic of China

Patents shall not be granted for:

(1) scientific discoveries;

(2) rules and methods of intellectual activity;

(3) methods of diagnosis and treatment of diseases;

(4) varieties of animals and plants;

(5) substances obtained by atomic nuclear transformation methods. substances obtained by atomic nuclear transformation methods.

Patents may be granted in accordance with the provisions of this Law for methods of producing the products listed in item (d) of the preceding paragraph.

Interpretation This Article is about the provisions on the results of intellectual activities for which patents are not granted.

Expanded Information:

Patent applications need to satisfy:

(1) Novelty: It is required that there is no identical invention or utility model that has been publicly published in a domestic or foreign publication or has not been published in a domestic or international publication before the date of application. The patent application must be novel: it is required that no identical invention or utility model has been published in domestic and foreign publications, used publicly in China or otherwise known to the public before the date of application, and no application for the same invention or utility model has been filed by another person with the patent administrative department under the State Council and recorded in the patent application documents published after the date of filing.

(2), creativity: the utility model is required to have substantial features and progress compared with the technology existing before the filing date.

(3) Utility: The utility model is required to be capable of being manufactured or used, and to produce positive effects.

Baidu Encyclopedia-Patent