Gluten-Free Pizza Patent Rejected: Entrepreneur Faces Setback

Paris Entrepreneur’s Gluten-Free pizza Patent Bid Dismissed by Administrative Court

A Parisian entrepreneur’s attempt to secure a patent for a gluten-free pizza has been rejected by the city’s administrative court, highlighting the complexities of intellectual property law in the food industry. The case,initially dismissed by the National Institute of Intellectual Property (INPI) in May 2024,underscores the stringent requirements for patent approval in France.

The entrepreneur sought to overturn the INPI’s decision, hoping to establish an “operating monopoly” over the production and sale of gluten-free pizza within France. Such a patent would have prohibited competitors from marketing similar products without authorization, potentially leading to counterfeiting accusations and legal prosecution.

INPI Rejection Based on Lack of Novelty

the INPI’s initial rejection stemmed from its assessment that the proposed invention did not meet the criteria for patentability. According to the Institute, an “invention” must be “new, inventive and susceptible to industrial application.” A senior official stated that the application failed to demonstrate sufficient novelty to warrant a patent.

The Paris administrative Court, in a judgment delivered on May 5, 2025, and recently made public, affirmed the INPI’s position, but on procedural grounds.

Did you know? – France, like many countries, requires patents to demonstrate genuine innovation.Simply creating a variation of an existing product, like gluten-free pizza, isn’t automatically patentable. The invention must be demonstrably new and non-obvious.

Jurisdiction Dispute Leads to Dismissal

“The request of Mrs. X. obviously does not fall under the competence of the administrative jurisdiction and must therefore be rejected as awarded before an order of incompetent jurisdiction to know,” the court stated in its ruling. the court clarified that disputes arising from decisions made by the director of the INPI regarding industrial property securities are solely within the purview of the judicial judge.

this jurisdictional issue effectively halts the entrepreneur’s current legal challenge. The applicant now faces the prospect of submitting a new request before the Paris Court of Appeal if she wishes to pursue the patent.

Pro tip: – When filing for a patent, it’s crucial to determine the correct court for appeals. Incorrect jurisdiction can lead to dismissal, delaying the process and incurring additional legal costs.

The case serves as a cautionary tale for innovators seeking to protect their food-related creations through patents, emphasizing the importance of navigating the intricacies of French intellectual property law and understanding the specific requirements for demonstrating novelty and inventiveness.

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