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Author Topic: If A Recipe is Patentable Then is a graohical, . . .?  (Read 1471 times)

Jp

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If A Recipe is Patentable Then what characteristics would make a graphic work

or a movie patentable if any ?


For example an illustration, the very word, "illustration" , in context takes on the meaning beyond, for

example, a picture, illustration, basically means, to illustrate, another words, it serves a, "useful

purpose". So then are we talking Patentable ?


« Last Edit: 04-15-08 at 02:40 pm by Jp »
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Wealth of Ideas, October 2007

"The proposed Patent Reform Act of 2007, however, is so consistently and unmistakably biased in favor of large corporations that the purported motivation for the proposed change to a First-to-File system must be viewed with deep suspicion."

CriterionD

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Re: If A Recipe is Patentable Then is a graohical, . . .?
« Reply #1 on: 04-15-08 at 03:21 pm »

for

example, a picture, illustration, basically means, to illustrate, another words, it serves a, "useful

purpose". So then are we talking Patentable ?



This could be turned into an interesting legal conversation at least on some level, but I won't try to get into that.  I believe the pertinent explanation here is something to the extent of: in order to be established as a utilitarian/useful product, a product must have utility that extends beyond simply its appearance. 

You can patent novel and nonobvious methods of creating artwork, and you can patent any materials for use in creating artwork which are considered novel and nonobvious.  In that sense you can patent specific types of paintings and images and such, but on an individual level the images themselves are not subject to patent protection.

Here is an example of some of the patents that are out there - LINK

Isaac

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Re: If A Recipe is Patentable Then is a graohical, . . .?
« Reply #2 on: 04-15-08 at 03:38 pm »

When people refer to a recipe as being patentable, they mean that it may be possible to obtain a patent on the method of making a food item or a patent on the food item as a manufacture or composition of matter. 

They decidely do not mean a patent on the textual description of preparing a food item.
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Isaac

still_studying

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Re: If A Recipe is Patentable Then is a graohical, . . .?
« Reply #3 on: 04-15-08 at 05:09 pm »

Someone was trying to press the boundaries on this (since "anything under the sun" is patentable nowadays) a couple of years ago, by filing a patent application on a book plot (or a method of plotting a novel, or something like that).  I haven't heard any followups on whether he was having any success at getting the application through the PTO.  I think I read about it here, so if you're interested in following it from an intellectual standpoint, a search might prove useful, but if not, I don't know where you might find information about it.
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