Patent Express Logo
Contact us
Toll-free: (877)-794-9511
Ask a question
Ask a question
See Questions and Answers
See Questions and Answers
Discover more services
Discover more services
Search for Patent Questions:
 

recipe

Posted by Anonymous . updated on 2/26/2009
If one is preparing to license (for production) and distrbute a food product, is it necessary to patent the recipe? Is it even possible? Thanks.
Answers (4)
 
JimIvey
No, it's not required.  Patents are never required to make, use, or sell anything.

Yes, it's possible.  I think someone else here posted information about a number of patented recipes.  

Regards.
 
 
eric st...
Mccormack,

Patents are only granted on inventions which are new and non-obvious. It is my understanding that it is, in practice, difficult to get a patent on a recipe if what differentiates your recipe from all the others is a little more butter, or a few extra moments under the grill.

Neither can recipes be copyrighted.

"A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records. See FL 122, Recipes."

http://www.copyright.gov/help/faq/faq-protect.html

Recipes (like the secret formula for Coca-Cola) are most always best protected as trade secrets. It is also worth noting that trade secrets last forever and cost nothing.

Perhaps this is why good cooks never give away their secrets.

Regards,

Eric Stasik
 
 
Hilary ...
Hi, I have an invention that I need to get out there on the market.. I know nothing about how to start doing this.. I have a few ideas actually. I have just never taken the actually time to put alot of go on them. I need help to obtain info. Please email me back if you have any ideas
 
 
Frozen_...
There is no necessity to Patent at any time. Patenting is a choice. Its value depends on the breadth if the claims. Just getting a patent may be a waste of time money and energy.

A trademark may better protection since it can last forever. Particularly with a recipie. Look at Coca Cola.

I used to post a M Arthur Auslander with the email aus@auslander.com but that posting is frozen out for some reason in this system.
 
Related Questions
In Is it Patentable?    -  posted on 9/14/2007
If someone has something patented, could I make something something similar but different or is this infringement? I came up with an idea but found someone had patented a similar one 10 years ago. It's close...   Read MoreAnswer this question
In Is it Patentable?    -  posted on 4/22/2009
Hi, i would like to know it violates any patent law to use a name that has already been patent but not in the same exact way (different writing and it has word/ patent name /word?   Read MoreAnswer this question
In Is it Patentable?    -  posted on 4/23/2007
a person spots a tree in a field that is growing fruit in the dormant season and patents the tree. Is this legal?   Read MoreAnswer this question
In Is it Patentable?    -  posted on 3/16/2007
I have recently come across new bussiness Idea. It is for an entertainment services company. Can this be patented? Or is it just the bussiness structure that can be patented? This is a franchise I hope to st...   Read MoreAnswer this question
In Is it Patentable?    -  posted on 12/29/2004
My brother has the ''Edison gene'' with ideas abundant. Many are invention ideas that are surely not patentable. A generic patent may or may not work. Is there a history of nonpatentable ideas that were secu...   Read MoreAnswer this question
Why Patent Express?
  • Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
  • Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
  • Patent Express is backed by a 100% money back guarantee.
Save 95% more in register a trademark
Patent Express Services
 

PatentExpress.com is a website of Raj Abhyanker, a professional U.S. Patent Law firm, see: www.rajpatent.com for more. All non-do-it-yourself related services advertised on this site are supervised and managed by a U.S. patent attorney.

© PatentExpress.com All rights reserved. Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Please note that your access to and use of PatentExpress.com is subject to additional terms and conditions. 02-05-2012