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I have an Invention ... Now What?
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   Author  Topic: recipes  (Read 1664 times)
chef william
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recipes
« on: Sep 18th, 2004, 11:09pm »
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Hello I have a question about ip. I am an executive chef at an indian restraunt in new orleans. I started as a cook , and was promated to chef after the other chef left. The chef who left did not write or communicate any recipes for our products. So i had to develop a new menu and new recipes. I am being paid salary, with no contract, and am under the belief that these recipes are my personal property, and that the restraunt is allowed to use them only as long as they pay my salary. Further more the owners are planning to open a another restraunt and use my recipes there as well, which i belief i should be compensated for. All of my recipes are dated and notorised after i create them. thank you for your help in advance
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W
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Re: recipes
« Reply #1 on: Sep 18th, 2004, 11:45pm »
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Hmm. Off the cuff, I would say you couldn't patent recipes, but then someone (Smuckers, I think) patented the PB&J. You do realize that patents cost anywhere from $1,000 to $10,000 each to file. If you believe that your recipes are new, unique, and non-obvious, consult a lawyer. There is a lot of prior-art, but given the current atmosphere of law, you might get one.
 
Regards,
-W
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JSonnabend
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Re: recipes
« Reply #2 on: Sep 20th, 2004, 12:32pm »
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on Sep 18th, 2004, 11:45pm, W wrote:
but then someone (Smuckers, I think) patented the PB&J.

They did?  I'd love to see that one, but I couldn't find it on a quick search.  Do you have the Pat. No. handy?
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SonnabendLaw
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W
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Re: recipes
« Reply #3 on: Sep 20th, 2004, 5:13pm »
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http://www.delphion.com/details?pn=US06004596__
 
 
Let the games begin!
 
-W
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Isaac
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Re: recipes
« Reply #4 on: Sep 20th, 2004, 6:29pm »
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This example also suggests something important about patents.
 
Yes there is a patent (in fact I believe there are a few)
on PB&J sandwiches, but they are not for just innovative
flavors of jelly with peanut butter on bread.
 
This patent is for a way to crimp the bread to get a special
effect.  I've seen a patent for a machine that crimps the
bread with the crust removed as well.
 
I see lots of people getting upset about the title or abstract, but
what's important is what invention is actually claimed.
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Isaac
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