What are the requirements for a patent application for food packaging?

First of all, the patent is the subject matter of protection of the appearance patent when required; Secondly, it needs to meet the conditions for review authorization. Take the conditions for granting design patents in China and the United States as an example:

1. Chinese design patent: the design for which the patent right is granted shall not belong to the existing design; Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date.

2. U.S. Design Patents: According to U.S. patent law, in order to obtain patent protection, a design must meet most of the standards applicable to invention patents. The requirements that must be met for a design to be patented are:

Provisions such as novelty, originality and non-obviousness, ornamentation, and not derived from the function of the product.

The conditions for applying for a patent for food packaging are relatively simple, unlike the difficulty of applying for an invention in a patent, if the patentee needs to apply for a packaging patent, then it can also give professional guidance through the first institution, so that the success rate of the application will be greater.

To apply for a design patent for food packaging, the appearance of the design needs to be novel, inventive and practical, and meet the requirements of the product hexahedral drawing or design drawing can apply for appearance patent protection, if it is a two-sided drawing, you can not apply for appearance protection, you can apply for copyright protection.

Hello, the patent application says inventiveness and practicality, inventiveness. There is also the fact that the applied product has not been patented.

Legal Analysis: Diet is a broad concept that includes beverages and food, while food includes processed foods, semi-finished products, and unprocessed foods. Regarding what can be patented and what cannot be patented, China's patent law has clear provisions:

Inventions and utility models for which a patent is granted shall be novel, inventive and practical. So, as long as the conditions are met, the food can be patented.

Legal basis: Patent Law of the People's Republic of China Article 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and registrar-applicable.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent department before the filing date, and it is recorded in the patent application documents published after the application date or the patent documents announced.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

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

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

1. Patents. Patents refer to the three forms of invention and creation that can be protected by patents as stipulated in the Patent Law: invention patents, utility model patents and design patents, of which invention patents are the most important one.

There are three types of patent applications: invention, utility model and design. A new technical solution proposed for a product, a method or its improvement may be applied for an invention patent; A utility model patent may be applied for for a new technical solution suitable for practical use proposed for the shape, structure or combination of the product; A design patent can be applied for for a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

2. Materials required for packaging patent application.

Written technical information.

1. The technical field and scope of application of the applied project, as well as the technical measures, technical means, methods or methods in the prior art to achieve the same or similar effect as the applied project;

2. The purpose of the invention of the applied project and what technical problems need to be solved.

3. Describe in detail the technical measures and technical characteristics to achieve the purpose of the invention of the applied project in words and drawings. For example, the applied project is a product, and the technical measures and technical characteristics refer to:

The structure of the product, the connection, layout, interrelationship of the parts and the role they play in the applied project, the combination of the parts and components in the spring and the detailed dynamic way, the application is a method, technical measures and technical characteristics Jing Wax refers to the process, process parameters and relevant details in the process. In addition, at least one specific example of the project under application should be provided (the specific example here does not refer to a model or a physical object, but to a drawing and a description of the specific example, and it is possible to provide a model or a physical object to illustrate the subject matter of the application only if it is not possible to illustrate the technical measures of the project under application by means of drawings and texts).

4. The experimental data and results of the applied project, or the resistance of the phenomena generated in the test;

5. Objectively explain the advantages and disadvantages of the invention in combination with specific examples and practical (test) conclusions. If there is no experimental data or experimental conclusions, the inventor should conduct an objective analysis of the invention and infer the possible advantages and disadvantages of the invention;

6. The differences between the technical characteristics of the applied item and the prior art as considered by the inventor;

7. The inventor believes that it should be a technical secret.

3. Patent precautions.

Documents to be submitted when applying for a patent The legal documents submitted when applying for a patent must be in written form and filled in in accordance with the prescribed uniform format. To apply for different types of patents, you need to prepare different documents.

3) Where a design is applied for, the application documents shall include: a design patent application, ** or **, in duplicate. If the color protection is requested, one copy of color and one copy of black and white shall also be submitted.

If it is necessary to explain ** or **, a brief description of the design shall be submitted in duplicate.

Apply for food patents. The most important thing to apply for a food invention patent is the composition and dosage of the food and some information and experimental data that the food to be applied for has advantages.

Legal basis: The term "invention-creation" in Article 2 of the Patent Law of the People's Republic of China refers to inventions, utility models and designs. "Invention" refers to a new technical lease proposed for a product, process or improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. Appearance design refers to a new design that is full of beauty and is suitable for industrial application on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.