<\/p>\n <\/p>\n Scrumptious Subject Matter<\/strong><\/p>\n The USPTO considers four categories of subject matter as \u201cinventions<\/a>\u201d for utility patents: (1) processes (2) machines (3) manufactures and (4) compositions of matter. Compositions of matter<\/a> can include a mixture of two or more ingredients, such as ingredients used to form food products.<\/p>\n There are some exceptions<\/a>. Based on judicial interpretation<\/a>, abstract ideas, natural phenomena (including products of nature), and laws of nature are not eligible for patent protection. So, a wild strawberry that is found in a bush in the wild can\u2019t be patented as a natural phenomenon. But if you pick that strawberry off the bush, mix it up with some other ingredients, and make something like a low-calorie food bar<\/a>, can you apply for a patent on that invention? So long as your invention is also novel<\/a>, useful<\/a>, and nonobvious<\/a> \u2013 yes!<\/p>\n In fact, the USPTO has granted patents for food products in each of the Food and Drug Administration\u2019s food product categories<\/a>. See below for some examples.<\/p>\n <\/p>\n Yummy Utility<\/strong><\/p>\n If utility patents are granted for useful inventions, what is the usefulness claimed by the inventors of food patents? Let\u2019s explore patents directed to improving the functionality, nutrition, and flavor of food products.<\/p>\n Function<\/em><\/p>\n The use of many patented food products goes above and beyond providing sustenance. Some patented food products are directed to improving functionality of a food item. For example, U.S. Patent No. 8,703,220<\/a> titled \u201cShaped-potato sandwich product\u201d addresses the mess and waste of placing a pile of french fries on a sandwich. The patented invention describes a \u201cpre-made french fry potato sandwich garnish\u201d designed to eliminate such struggle. Fear not if you appreciate and wish to replicate the ingenuity of this invention \u2013 this patent is now expired and can be practiced by anyone without risk of liability.<\/p>\n General Mills Inc. holds U.S. Patent No. 10,785,985<\/a> entitled \u201cSoft shaped tortillas.\u201d The claimed tortillas are formed into three-dimensional shapes which can serve as edible containers of loose particulate food stuffing (e.g., salad greens, taco fillings, etc.). These novel tortillas are designed to reduce difficulties in folding, holding, and sealing fillings into tortillas.<\/p>\n Nutrition<\/em><\/p>\n In some cases, the use of a patented food product is an improvement in nutrition. A Chinese health product company owns such a patent for infant and toddler food. U.S. Patent No. 9,414,618<\/a> covers infant formula milk powder capable of preventing and alleviating infant iron deficiency anemia.<\/p>\n In other cases, patent holders have sought to patent healthy snacking options. U.S. Patent No. 11,540,553<\/a> owned by Mars. Inc. describes \u201cLegume-based food products.\u201d These savory snacks have an outer, crispy shell and an inner, creamy filling. The filled pillows offer a desirable nutritional profile by the use of legumes and additives such as vitamins and minerals.<\/p>\n Flavor<\/em><\/p>\n Other patented foods are designed to improve taste or flavor of a food product. For instance, Life Savers Inc. holds expired U.S. Patent No. 4,301,178<\/a> titled \u201cLiquid-filled chewing gum.\u201d The claimed chewing gum encases a releasable liquid sweetener that promotes immediate flavor release.<\/p>\n In another example, Lotte, a Japanese snack food company, holds expired U.S. Patent No. 5,681,605.<\/a> The patent describes drawbacks with the taste and feel when pre-filled hollow pretzel rods are baked simultaneously with their filling. To overcome this problem, the inventors came up with a hollow, cylindrical pretzel that allows separate preparation of a pretzel rod and its filling. The patent\u2019s specification even provides evidence that 42% of 121 taste-testers preferred Lotte\u2019s novel pretzel over a commercially available product.<\/p>\n <\/p>\n Ingesting Inventions<\/strong><\/p>\n All of these examples show that patented inventions are everywhere \u2013 even in what we eat! So next time you\u2019re chowing down a tasty treat, consider that you might be eating some intellectual property.<\/p>\n <\/p>\n Corinne Macnichol<\/em> Did you know that many of the food products you see on the shelf at the grocery store are patented? Utility patents are granted by the United States Patent and Trademark Office (USPTO) for useful \u201cinventions\u201d that are new and nonobvious. The owner of a utility patent has the right to exclude others from making, selling, offering to sell, using, or importing the patented invention … Continue reading Palatable Patents<\/span><\/a><\/p>\n","protected":false},"author":60,"featured_media":4444,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"image","meta":{"footnotes":""},"categories":[9],"tags":[401,402,403,232],"class_list":["post-3372","post","type-post","status-publish","format-image","has-post-thumbnail","hentry","category-patents","tag-food","tag-food-patents","tag-palatable-patents","tag-patents","post_format-post-format-image"],"_links":{"self":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/3372","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/users\/60"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/comments?post=3372"}],"version-history":[{"count":8,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/3372\/revisions"}],"predecessor-version":[{"id":4488,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/posts\/3372\/revisions\/4488"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/media\/4444"}],"wp:attachment":[{"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/media?parent=3372"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/categories?post=3372"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.luc.edu\/ipbytes\/wp-json\/wp\/v2\/tags?post=3372"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}![\"\"](\"https:\/\/blogs.luc.edu\/ipbytes\/wp-content\/uploads\/2024\/02\/Picture1-300x201.jpg\")
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<\/p>\n
\nAssociate Blogger<\/em>
\nLoyola University Chicago School of Law, J.D. 2026<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"