Abstract
Intellectual property exists in various forms, including patents, trademarks, copyrights and trade secrets, with each form protecting a different aspect of companies' valuable property. This chapter provides basic information and guidance about various forms and challenges of intellectual property relative to nutraceuticals and functional food products. The forms of intellectual property discussed include patents, trade secrets, and trademarks. The chapter addresses the basic principles of a US patent grant, the intent of the US patent system, the requirements of patentability and the enforcement of patent rights and provides examples of the same for nutraceutical and functional food products. A brief discussion of patents outside of the USA is also provided. Further, the chapter addresses the essential role trademarks can play in the marketing of nutraceuticals and functional foods and the development of brands for nutraceutical and functional food products. General principles of trademark selection, registration, and protection for nutraceuticals and functional foods are discussed. Also addressed are the advantages of trademarks for nutraceutical companies and developers and the effective use and commercialization of trademarks for the same.
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