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[Regina Zaslavets]

Hello

I have a recipe for cooking vegetables. I did some research in internet regarding patent for recipe. It seems that is almost impossible to patent a recipe with is just a composition of some ingredients, and it is better to copyright it and to make a trade secret. And it is impossible to patent it if there are similar products on the market.

But my recipe is a special method of cooking/preparing vegetables. And There is no similar product on the market, as far a I know.

Is it possible to patent the method, so it will be impossible for competitors to do something similar without breaking patent law?
If yes, what is the process to patent recipe? How long it usually takes? How much it can cost in general?

Thank you very much for your answer in advance.

Regina

[Richard Tanzer]

In principle you may patent a method of cooking food.  In fact there are many such patents.  Just running a quick search for patents with the words “food” and “cook$” (the “$” is the wild card in the USTPO search engine) came up with 2789 patents.

The difficulty is that there are so many recipes and methods of cooking that it may be difficult to demonstrate novelty and nonobviousness.  I suggest that you do a search on the patent office web search, http://www.uspto.gov/patft/index.html, and see if there are close matches to your recipe.  You should also look at cookbooks and other references.

If after your search, you still believe that you have a novel, non-obvious method; then you should consider if the business value of a patent is worth the $10,000 to $20,000 it is likely to cost you to hire a patent professional and obtain a US patent.

Best of luck,

Richard

[Steve_R]

I second Richard's answer.  Indeed, when I was in private practice, we filed a patent on a recipe for a unique method/recipe for tea.

How I view it is, a recipe is merely a process.  The question boils (sorry for the pun) down to whether the process is new and unobvious.  If it is, you will be able to get a patent after incurring costs.

Best of luck,
Steve.

[Tony]

So is it possible to patent a recipe for a new candy product that does not exist in the marketplace so the larger, established companies cannot manufacture my product or a product that is very similar to mine?  I'm moreso worried that if my candy catches on, a large company can take my product and do it themselves or to protect myself if I ever decide to approach a larger company.

[JSonnabend]

To echo what the others have said above, recipes are absolutely patentable as a subject matter.  I remember when I was in law school and working for the now defunct Pennie and Edmonds, I kept coming across a case that dealt with a Hormel patent on preparing processed pork patties (or something like that).  It's not exactly home cooking, but it was undeniably a recipe.

On a more practical note, I think the more your "invention" address new preparation/cooking methods, as opposed to merely new combinations of ingredients, the better your chances will be to receive patent protection.

- Jeff

[John R]

Hi,
I am working at a law firm and we never had one claim of
food related copyright claim.
Even in out old database.
anyways
if you make it smells good  and it taste good, "they will come".

John R
http://Http://www.workdegree.com

[nathan mckenzie]

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.

[Wiscagent]

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!

[MARISOL FLORES]

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?

[CriterionD]

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

 

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.

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.  

[Lori Tolle]

Hi, i have a question...i have made a salsa recipe and im currious about how i would i get a patent on my recipe...i am really wanting to get the patent and then go around to companies and then try and sell my recipe...i know it would be a hit in the salsa industry because everyone who tastes it is automatically addicted...but i cant make it fast enough for demand..i would also like a price range on the cheapest route i could take in this matter

[GuestB]

Any more input from the experts on patenting recipes?  If all the ingredients used in a food product have been used in other products before (though not in a claimed combination), what would be required to show non-obviousness?  Would unexpected results of some sort be required or commercial success?  
Thanks for any input!

[missmkt]

Hi Everyone,

I made a lemonade drink, using standard frozen lemonade (like minute maid) and added another 'secret' ingredient    to make this amazing drink.  I have an idea to print my recipe on a bottle and sell it as a 'mixer', which of course can be mixed with alcohol or made virgin.

I have a trade name and lable design for marketing, there is no other mixer or ready made drink similar to it on the market.  Do I seek patent or simply use the copyright & trade marks?  

Additionally I have been thinking about making an NDA (nondisclosures) and require signatures to even get assistance from bottlers, etc. to help protect my idea so nobody steels or otherwise copy's my idea & beats me to the market.

Thoughts?

Thanks!

[Isaac]

Additionally I have been thinking about making an NDA (nondisclosures) and require signatures to even get assistance from bottlers, etc. to help protect my idea so nobody steels or otherwise copy's my idea & beats me to the market.

Am I going to be able to tell what the secret ingredient is by tasting/analyzing the drink?  If so, an NDA probably isn't going to be all that helpful...

[missmkt]

Ok, so how do I begin with such an idea?  I don't even know how to make a drink to be consumer ready.  The trademark name and label design is pretty easy.  It everything else that I don't even know where to begin.  Any suggestions?