ARTICLE · 09 MAY 2025

A Guide To Patenting Food Technology Inventions – Part 2

Murgitroyd

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In the second part of this two-part article, we take a deeper dive into the European Patent Office (EPO) Board of Appeal case law relating to inventions in the field of food technology.

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In the second part of this two-part article, we take a deeper dive into the European Patent Office (EPO) Board of Appeal case law relating to inventions in the field of food technology.

Specifically, this article reviews several decisions on patents directed to the use of foodstuffs to treat a medical condition.

Patent maintained after Appeal Board confirms plausibility of therapeutic effect

The first of those cases, EPO Board of Appeal decision T 1057/22, was regarding a patent relating to a composition comprising fish oil and juice for use in the treatment of a list of specific types of cancer (i.e. second medical use claims). The patent was opposed, and the opposition hearing concluded with the patent being revoked. The opposition decision stated that the patent was insufficient because the scope of the claims was broader than was justified by the data in the patent.

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