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Re: Re: food patent[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by M. Arthur Auslander on June 14, 2001 at 04:03:49: In Reply to: Re: food patent posted by Ned Ericson on June 13, 2001 at 10:26:23: : : i,m planing on canning my food ,i will be using ingredients that is not available in the united states or any part of the world , the method was invented by the family over 100y ago. : Is what's special the secret ingredient or how it's used? (Since it's not from the U.S. or elsewhere in the world, I'm guessing that the ingredient is not from outer space). : If the secret ingredient were used in a recipe in public 100 years ago, then you're out of luck. But if the way you made the food has been a family secret, you may be able to patent it. : But again (see my response below), food patents are hard to get because there's so much that's been tried in the past. Good luck! Dear Mr. Ericson, You have missed the boat. Public use in the US could be a bar. Patenting a trade secret gives it away. I had a client that abandoned an allowed patent when it realized that secret use of the machine could last longer than the patent. M. Arthur Auslander
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