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Is it Patentable?
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   Patent for recipe (Method, not just ingridients)
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   Author  Topic: Patent for recipe (Method, not just ingridients)  (Read 35530 times)
John R
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Re: Patent for recipe (Method, not just ingridient
« Reply #5 on: Oct 12th, 2004, 4:58pm »
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Hi,
I am working at a law firm and we never had one claim of
food related copyright claim. Smiley
Even in out old database.
anyways  
if you make it smells good  and it taste good, "they will come".
 
John R
Http://www.workdegree.com
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nathan mckenzie
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Re: Patent for recipe (Method, not just ingridient
« Reply #6 on: Jan 23rd, 2006, 2:26pm »
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hello,
 
i have a tea recipe that i would like to bottle and sell to local stores.  what steps would i have to make this successful and protect myself from competitors?  thank you in advance.
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Wiscagent
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Posts: 843
Re: Patent for recipe (Method, not just ingridient
« Reply #7 on: Jan 23rd, 2006, 5:34pm »
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Develop some brand names, product names and graphics.  Find a source of bottles.  Make some tea.  Test various combinations of the names / graphics / bottles / drinks among some potential customers.  
 
Pick out the top two or three brand names. Conduct a trademark search for those brands.  Pick a unique brand name.  Register your trademark.
 
Print up labels.  Brew.  Bottle.  Sell.
 
Good luck!
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Richard Tanzer
Patent Agent
MARISOL FLORES
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Re: Patent for recipe (Method, not just ingridient
« Reply #8 on: Jul 7th, 2006, 2:26pm »
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OK...IM NOT SURE HOW DUMB THESE QUESTIONS MAY SOUND, BUT I NEED ANSWERS AND THIS SITE SEEMED OF BEST FIT. I HAVE A RECIPE FOR AN EGGNOG THAT CONTAINS LIQOUR, AND I WOULD LIKE TO BOTTLE AND SELL THEM. I HAVE A NAME FOR MY DRINK AS WELL...HOW CAN I GO ABOUT STARTING A BUSINESS OUT OF THIS? IS TRADEMARKING MY NAME ENOUGH? IS IT ILLEGAL TO SELL BECAUSE IT CONTAINS ALCOHOL? CAN I PATENT THE RECIPE? DO I NEED A LIQOUR LICENSE? AND LAST QUESTION, PROMISE ...I DID NOT CREATE THE RECIPE, BUT ADDED ADDITIONAL INGREDIANTS AND MADE IT MY OWN, CAN I STILL PATENT THIS?
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CriterionD
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Posts: 202
Re: Patent for recipe (Method, not just ingridient
« Reply #9 on: Jul 8th, 2006, 5:10pm »
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on Jul 7th, 2006, 2:26pm, MARISOL FLORES wrote:
I DID NOT CREATE THE RECIPE, BUT ADDED ADDITIONAL INGREDIANTS AND MADE IT MY OWN, CAN I STILL PATENT THIS?

 
You could likely acheive patent protection on aspects of your improved recipe which would be considered novel and "non-obvious." Elaboration can be found above your post within this thread.  Of course, patents cost a lot of money to obtain and maintain, and depending on various factors you could  actually be better off simply trying to keep the recipe secret
 
   on Jul 7th, 2006, 2:26pm, MARISOL FLORES wrote:
IS TRADEMARKING MY NAME ENOUGH?

 
Creating a unique brand identity could help you market your product.  A trademark registration could help you establish meaningful protection for your brand's identity, but is not necessarily required in order to claim trademark rights.
 
on Jul 7th, 2006, 2:26pm, MARISOL FLORES wrote:
ENOUGH? IS IT ILLEGAL TO SELL BECAUSE IT CONTAINS ALCOHOL? CAN I PATENT THE RECIPE? DO I NEED A LIQOUR LICENSE?

 
How much alcohol does it contain?  Are you going to be selling the drink at your own restaurant or bar?  Are you going to be selling it to little kids?   In any event, this is getting beyond the scope of this board, and regulations on liquor sales tend to differ from state to state.  
 
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www.criteriondynamics.com
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