South Korea: Patenting a food-related invention in Korea

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

South Korea: Patenting a food-related invention in Korea

Sponsored by

hanolip-400px.png
water-747618-1920.jpg

Many food products contain known ingredients, rather than novel ingredients, as essential components. Such food products are usually a result of combining components in a special ratio to achieve a particular flavour, taste, effect, etc.

Claim format

Inventions for food products are commonly drafted as method or composition claims to secure a patent in Korea. For example, a method of enhancing the flavour of a food product by uniformly mixing substance A with sodium glutamate, and a food composition for lowering blood glucose level comprising substance A as an active ingredient.

Natural products per se are not patentable because they are already known in the art and thus lack novelty. However, if one natural product shows a unique function or effect, a "use invention" for the natural product may be permitted as a patent as long as it satisfies the patentability requirements.

When one drafts a patent specification and claims for food-related inventions, the following should be kept in mind.

Description in the specification and claims

In the specification, it is necessary to describe (i) the sensory effects of the food (i.e. appearance, taste, smell, texture, etc.), and/or (ii) functional effects of the food.

The sensory effects must be objectively and scientifically demonstrated using chemical or mechanical analysis (e.g. electronic nose, electronic tongue, and texture profile analyser), a systematic sensory test, etc. Trained panels can be used for sensory testing to determine people's food preference.

In the case of functional foods, experimental data verifying the effectiveness or utility should be disclosed in the specification originally filed, in a similar way to medical use inventions. Such data can be obtained from in vitro, animal, or human tests, or a method using a biomarker. Unlike medical use inventions, qualitative analysis or sensory test results for food products are acceptable to the Korean Intellectual Property Office (KIPO).

Claims for functional foods are usually written in the form of "a food composition for improving or preventing…", and are not allowed to use the expression "treatment" or "treating", which indicates medical utility. The use of a food composition is required for the object achieved by the property of functional components, such as lowering blood glucose level, improving obesity, and improving hyperlipidemia.

Overall, it seems that a lower standard for the specification and claims is applied to food-related inventions than for medical use inventions.

Trends in patent application filing for food-related inventions for the last 10 years in Korea

korea.jpg

Safety aspect

As food is ingested, safety to the human body should not be overlooked. In a case in which it is not obvious to a person skilled in the art whether materials or components constituting a food composition are safe for human consumption, the composition claim is rejected as an invention likely to cause harm to public health under Article 32 of the Korean Patent Act. According to KIPO's Examination Guidelines (a) materials obtained from a human body (e.g. placenta and blood) and (b) substances toxic or harmful to the human body (e.g. DDT and Hg) are not permitted for use in the preparation of food. When the KIPO raises a rejection on the ground that the safety of components of a food composition is unknown, the rejection can be resolved by submitting a test result to prove human safety.

Patent application filings for food-related inventions are continuously increasing in Korea, as shown in the graph above. We believe that careful preparation of the specification and claims raises the chance of securing a patent for food-related inventions.

Min Son

Partner, Hanol IP & Law

E: minson@hanollawip.com



HANOL Intellectual Property & Law

6th Floor, Daemyung Tower, 135, Beobwon-ro, Songpa-gu

Seoul, 05836

Republic of Korea

Tel: +82 2 942 1100 

Fax: +82 2 942 2600

hanol@hanollawip.com

www.hanollawip.com

more from across site and SHARED ros bottom lb

More from across our site

Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
New timeline for 2026 aims to provide clearer guidance to firms and practitioners on the full jurisdictional market view
Attorneys contemplate whether clients using AI for legal guidance is beneficial to attorney-client relationships or more of a nuisance
Richard de Bodo, who had a lengthy career at international firms, shares how he will address client needs and praises the unique offerings of smaller firms
An Australian top court decision clarifying honest concurrent use and wins by publishers against AI platforms were also among the top talking points
AIPPI has pulled the plug on its planned 2027 World Congress, and INTA has delayed hosting a meeting there, but the concerns won’t abate
Despite being outspent by a wealthy opponent, a trial attorney at King & Spalding says ‘relentless pursuit of the truth’ helped his team secure a $420m damages award for mobile gaming client
Gift this article