Intellectual Property Forums (http://www.intelproplaw.com/Forum/Forum.cgi)

(Message started by: chef william on Sep 18th, 2004, 11:09pm)

Title: recipes
Post by chef william on Sep 18th, 2004, 11:09pm
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

Title: Re: recipes
Post by W on Sep 18th, 2004, 11:45pm
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

Title: Re: recipes
Post by JSonnabend on Sep 20th, 2004, 12:32pm

on 09/18/04 at 23:45:37, 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?

Title: Re: recipes
Post by W on Sep 20th, 2004, 5:13pm
http://www.delphion.com/details?pn=US06004596__


Let the games begin!

-W

Title: Re: recipes
Post by Isaac Clark on Sep 20th, 2004, 6:29pm
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.

Title: Re: recipes
Post by W on Sep 20th, 2004, 6:44pm
Fair Enough.

-W

Title: Re: recipes
Post by eric stasik on Sep 21st, 2004, 3:14am
Dear Chef William.

Did it ever occur to you that there was a reason that the former chef never wrote down his recipes, or communicate his secrets?

Your value as a chef is the knowledge in your head.

Your best protection is to keep it there.

Recipes can be patented, but the best form of protection for you is probably to keep your kitchen secrets secret.

(It also costs nothing.)

Regards,

eric stasik

Title: Re: recipes
Post by J on Sep 22nd, 2004, 12:13pm
Dear Chef,
   I understand your situation.  I run my father-in-laws pizza shop.  It's my recipe which he and his partner are using.  They plan to open several more since the first one is doing very well.  I sat down and discussed with them that in order for my recipes to be used at other locations.  They would have to compensate me with 10 percent of the profits.  From each location that is.  Never write your recipe's down anywhere and never tell anyone else.  If someone knows your secrets.  It isn't much of a secret anymore.  Therefore they wouldn't need you anymore.  

Best Wishes
     J



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