Natural Nutraceutical Patent Strategies


The rise of the functional food industry is increasing the significance of effective patenting strategies. This report assesses the range and types of patenting in the nutraceutical industry. It also examines new innovations in patenting and identifies future opportunities, such as the area of using natural drugs for semi-synthetic approaches to drug development.

Features and benefits

  • Gain an understanding of the legal patent frameworks to enable the evaluation of the strengths and weaknesses of the various patenting strategies.
  • Compare and contrast the patenting framework for nutraceuticals and pharmaceuticals.
  • Examine recent trends in the patenting of natural nutraceuticals.
  • Analyze the range of products and patenting in the area of pomegranate nutraceuticals and understand the competitive nature of the area.
  • Identify which products have gained EFSA positive opinions and consider the implications of tightened regulations on patenting strategies.


The patent landscape for nutraceuticals is not as strong as for new drugs (new chemical entities), because many research institutions and companies have patented, or are researching various aspects of, the same natural nutraceutical, which makes it difficult to obtain strong patent claims.

Following the introduction of new regulations in Europe and the tightening of the FDA's stance, there has been an increase in the specificity of claims within patents, i.e. claiming active principles more precisely in order to characterize the extract and add precision to the role of the active principle in the health claim.

Reflective of the nutraceutical industry's focus on formulation innovation, formulation patenting is growing. The development of delivery systems to improve the bioavailability of nutraceuticals is a key area of focus for the industry and as such, new technologies that offer such potential will be integral to a company's patenting strategy.

Your key questions answered

  • What are the patent strategies of the successful innovative nutraceutical companies?
  • What impact has the changing regulatory environment had on recent patenting activity?
  • Which nutraceuticals have received EFSA positive opinions?
  • Who are the key players in patenting and developing pomegranate-containing natural nutraceutical products?
  • How do companies use licensing to complement their intellectual property portfolios?


Published by
Business Insights
Published on
15 Sep 2011
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