食品の用途発明の導入とその影響

―2016年4月の審査基準（特許庁）の改訂について―

抄録

In April, 2016, "Patent / Utility model Examination Guidelines" (the Japan Patent Office) was revised, and new practice on the patent examination of the food started. Patents have not been granted for use inventions of the food until then. However, by the revision of the Examination Guidelines, patents can be granted for use inventions of the food. Then, the patent protection of the food became similar to medicinal inventions. The purpose of the Patent Law is to encourage inventions and contribute to the industrial development, which is related to the promotion of the innovation. In the pharmaceutical field, patents play an important role for the innovation, according to many analysis. The introduction (April, 2016) of use inventions of the food may promote the innovation like the influence of the introduction of medicinal patents in 1976. It is expected that the patent applications of the food will increase after the introduction (April, 2016) of use inventions of the food.