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   Patent a Breakthrough food recipe?
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   Author  Topic: Patent a Breakthrough food recipe?  (Read 2742 times)
guester
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Re: Patent a Breakthrough food recipe?
« Reply #10 on: Nov 6th, 2006, 11:30pm »
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on Nov 6th, 2006, 7:49pm, Jonathan wrote:
I didn't mistype. That is indeed the patent number I intended to convey.
 
I can't parse your reference, though. That's a design patent application, correct?

 
No, that is the reexamination request number of the patent you cited.  BPAI rendered decision last month.  Reveresed examiner, but made new grounds of rejection.  Smuckers has until 11/14/06 to file a response to the BPAI.  Note that every other uncrustable patent applications have been either abandoned during procesution or after a decision by the BPAI.
 
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Jonathan
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Re: Patent a Breakthrough food recipe?
« Reply #11 on: Nov 7th, 2006, 8:13am »
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Good to know. Thanks.
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Sudhir Aswal
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Re: Patent a Breakthrough food recipe?
« Reply #12 on: Nov 8th, 2006, 4:28am »
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on Nov 2nd, 2006, 9:13am, ChrisWhewell wrote:
Nice list !  Thanks for sharing.   I hear the same question a couple times a year, whether a recipe can be patented.  Answer of course is, yes, provided that it meets the requirements of patentability, namely novelty and non-obviousness.
 
The question I ask of clients is:  How will you enforce your patent for y our wonderful new apple crumb cake ?  If aunt Wilma infringes, how will the patent owner ever know ?  For this reason, I personally believe the value of recipe-type patents is very limited.  What's the last patented food item anyone can think of that made its inventor wealthy ?

 
Yes, and therefore in case of recipes it is better to maintain it like a tradesecret rather than getting a patent as it is very difficuakt to enforce the patent even if granted. Companies like coke are doing the same for years.
 
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Sudhir Kumar Aswal
Patent Attorney, India
Aswal Associates
www.aswalassociates.com
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