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[bev09]

I've created an ultra-low carb product which I think a company like Atkins (and other low-carb mfg. companies) would be very eager to obtain. How can I protect my recipe yet pitch the product? I'm interested in either selling the recipe formula outright or is it possible to get a percentage of sales/usage? Should I hire an attorney to handle any negotiations? Thanks!

[Access Patent Group (APG)]

hi!  
 
Yes. It's a trade secret. You can hire an attorney for that.
 
sincerely,  
 
Thien Tran  
MSEE - Registered Patent Agent #47,351
http://www.accesspatentgroup.com

[Jonathan]

hi!  
  
Yes. It's a trade secret. You can hire an attorney for that.
  
sincerely,  
  
Thien Tran  
MSEE - Registered Patent Agent #47,351
http://www.accesspatentgroup.com

hi!

Thanks for clearly analyzing this complex situation in a nutshell.

[Jorge Mojica]

Im curious.  Can I get a patent on a food recipe?  Even if its simple like different ingrediants for a taco?

[Wiscagent]

The requirements for getting a patent on a food-related invention are essentially the same as for other inventions.  Here are some examples of food-related US patents that granted last month:

- Use of carbohydrate-based metal complexes in non-caking salt compositions
- Pretreatment agent for a fish food
- Method of photocopying an image onto edible material for decorating iced baked goods
- Method of preserving meat of slaughtered poultry or parts thereof
- Method for making a patterned food product
- Drink-extracting bag equipped with holding element
- Apparatus for making patties
- Package particularly for packaging food products
- High protein tortillas
- Taste enhancer
- Tomato-based caramelized sauce and process for making same
- Composite particles imparting sequential changes in food products and methods of making same
- Process for producing a flavor-enhancing material for foods
- Cereal bars and methods of their manufacture
- Edible spread containing a natural fat phase
- Inulin infused fruit and method of preparation
- Process for cooking/drying high-amylose starches
- Mold table for food products and method of making said table
- Dried citrus peel supplement for use in commercial poultry feed
- Nutritionally fortified liquid composition with added value delivery systems/elements/additives
- N-alkylaspartyl amide derivative and sweetening agent
- Methods of preparing corn fiber oil and of recovering corn aleurone cells from corn fiber
- Combination hot dog and beverage dispenser
- Dough compositions for the preparation of baked products
- Fermented milk drinks and foods and process for producing the same
- Hopped malt beverage having enhanced light stability
- Method of manufacturing fermented malt beverages
- Method for making coated chewing gum products with a coating including an aldehyde flavor and a dipeptide sweetener
- Device for separating the hard components of a grinder used in the field of the food industry and in particular for the mincing of meat

[ChrisWhewell]

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 ?

[Agent_X]

Does the "uncrustable" count?

[Jonathan]

Yep.

6,004,596

[guester]

Yep.

6,004,596

Oops - Maybe...
90/005,949

[Jonathan]

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?

[guester]

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.

[Jonathan]

Good to know. Thanks.

[Sudhir Kumar]

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.