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food beverage patent

Posted by Anonymous . updated on 2/12/2013
hi there
i have created a specific herbal tea that contains 45 ingredients.
i want to make this recipe mine and protect it to then sell it to larger tea company.
how do i patent this recipe?
thank you
Answers (1)
 
Monali ...
Dear Sir/ Madam,

Yes you can file patent for your recipe, but your recipe must still meet the basic conditions of patentability: The recipe must be useful, novel and non-obvious.
Following are the two primary categories of food patents
1) Composition of matter
2) Process for making the product

A recipe usually calls for a Utility Patent, which protects inventions created through a production process. In utility patent you can file either provisional or non-provisional patent also.

For this write your patent down. A recipe usually calls for a Utility Patent, which protects inventions created through a production process. Create a rough draft of your recipe. Pay close attention to detail and any secret ingredients that make your recipe original.


Unless you are thoroughly familiar with patent and trademark laws and how to present a strong patent to the government, contact an patent lawyer.

An attorney will help you to understand the complexity of the patent application and advise you if your recipe is patentable. Your lawyer will also file your paperwork with the federal office on your behalf.

If you required any help, our Attorneys are pleased to help to draft and file your patent.

For any help visit to www.legalforcelaw.com.

Thanks
Monali.
 
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