European Commission

To obtain patents for innovative food ingredients, it is sometimes much easier than you think. “Who deals with the scientific substantiation of work statements, which can only wonder, with what thin” studies because patent protection is granted. A recent example from practice is”a patent for a particular vitamin formulation and their effect to the maintenance, optimization, reinforcement and promotion of cardiovascular health. Such a patent was actually granted if again recently revoked due to lack of inventive step. But wonder already that even the patent was granted. The patent was based on one study, which had already been inconclusive for themselves from our point of view. Although not same strict scientific at the health-related advertising requirements as patents, but we will have expected here even a minimum standard of scientific protection.

Also, the patent offices even more closely at the wording should pay attention. Maintaining, tuning, Strengthening and enhancing the cardiovascular health”is so unspecific as effect that she can ever be not subject to a thorough scientific study. Not free calls also the regulation 1924/2006 (health claims), that accompanied non-specific advertising claims by specific information’ must be precisely because no scientific evidence available to non-specific information. From our point of view, nothing else can apply for patents. Should however the current practice of some patent offices continued, is ultimately not big helped the patent holder to be. Because what good is the holder be effective patent when the European Commission with the upcoming Community list blocks advertising him. The patented formulation not on the Community list, located to the invention”also not be promoted unless unless there is a single admission. Here, the patentee must then however a lot more studies to prove Ascend as in the patent application. In the Result is usually a tab”registration practice of patent offices through the rigorous practice for authorisation the Commission corrected.