Re: Re: Re: patent an awesome family recipe

Subject: Re: Re: Re: Re: patent an awesome family recipe

Comments:
: : : : I have an awesome family recipe that I would like to patent. I am very serious about this idea and have even conducted a consumer research and testing of it to ensure it's attractiveness and uniqueness. My end goal is to make money from this family recipe. : : : : A few questions: : : : : 1) To make sure that no one has beat me to it, I searched the US patent and patent-pending database and was not able to find any recipe patents. : : : : a) How come? I used a variety of key words too. : : : : b) Does this mean that no other recipes have been patented before? : : : : 2) To what extent is it a smart move to pitch the food product straight to a company's executives? How can I protect myself from them "stealing" my idea? : : : : 3) I also have a unique name for the product that I would like to trademark. Can this trademark protect me in any way from them "stealing" my idea? : : : : 4) What are the typical "models" for royalties? Do I basically get $xx for each item that gets sold by the manufacturer? What is the ballpark "xx" figures that I can expect per item sold? : : : : Any help you can provide would be appreciated. : : : Dear Kytango, : : : Recipies, are not often patentable. What is more only the, "....first to invent...", is entitled to a patent. : : : There are things that can be done. That is why we have a Reality Check® to save time, money and worry. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop® : : : E arly L egal A dvice I s N ot E xpensive™ : : : Reality Check® : Dear Ms. Barrow, : The first thing, from what you say there seems no way that you could get a valid patent. : I usually do not do my own patent searching. I use a professional searcher then analize the results and give the client my own opinion. : From what you say it may be possible to do what you say. There may be many pitfalls. It takes a back and forth to get a legally workable idea. I can't write a treatise here. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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