Content

• Steps
• Part 1 of 2: Determine if your recipe is patentable
• Part 2 of 2: Patent Requirements

Have you invented a recipe for a dish that no one in the world has ever tasted? You may have a great brew, but in order to patent it, your recipe must be new, not obvious, and useful. Craftsmen and chefs have been mixing ingredients for thousands of years, so it's not easy to come up with something completely new. If your prescription does not meet these conditions, then there are other legal rules that you can use to claim it as your own. Read on to learn more about the recipe patent.

Steps

Part 1 of 2: Determine if your recipe is patentable

1. 1 Determine what things can get a patent. Section 35 USC §101 on patent law states that "Whoever invents and discovers any new and useful process, device, fabrication or description of a material, or any new useful improvement, may obtain a patent for it under the terms and conditions of this title." [Recipes can fall into this category in two different ways, since they are always useful, they can contain a new process or technique and a description of the material. All this suggests that a recipe can be patented as long as it meets some requirement.
2. 2 Determine if your recipe is new. In legal terminology, the word "new" means something that no one has done before you. This is where it gets tricky when it comes to patenting recipes. It is very difficult to determine if anyone has combined such ingredients before you. There are several ways you can tell if your recipe is really new.
   • Search the US Patent and Trademark Office database to see if your recipe has been patented before.
   • Search cookbooks and the internet for your recipe. If you find it elsewhere, you will not be able to obtain a patent because of an existing patent or "disclosing" the recipe by publishing it anywhere.
   • If you don't find an exact repeat of the recipe, you can move on to determine if it meets the next requirement.
3. 3 Determine if your recipe is obvious. If your creation includes a technique or a combination of ingredients that makes it unique, not mundane, then it can be patented. However, if it can be thought of by anyone, or includes methods that produce predictable results, it probably cannot be patented. Since most homemade recipes will not surprise an experienced cook with their results, they are not patentable.
   • Food campaigns are more likely to create patentable recipes because they are able to use experimental processes and ingredients that lead to unpredictable results. For example, a dish that uses a new technique to extend its shelf life may be patentable.
   • The banal addition of a unique ingredient will not make the recipe unusual for a patent. For example, for the sake of experiment, the home chef decided to add cinnamon to the meatloaf. While the results could be amazing, most chefs are able to predict the flavor change caused by the addition of such an ingredient.

Part 2 of 2: Patent Requirements

1. 1 Decide what kind of patent you need. There are several varieties of patents available and a recipe may fall under some of them. A service patent protects new inventions with useful applications. This includes new techniques, processes, apparatus, manufactured goods, devices or chemical compounds, any improvements to each of these items or processes. Most recipes fall under the service patent category unless you plan to uniquely package your product, which also requires a patent. In this case, apply for a design patent as well.
2. 2 Find out where you need patent protection. Patents can be filed either in the United States or globally. If you believe a recipe requires international protection, you must apply to the World Trade Organization.
3. 3 Consult a lawyer when submitting documents. There are categories of lawyers who specialize in filing the required documents with the United States Patent and Trademark Office. Of course, you can submit papers yourself, but the Bureau recommends hiring specialists to submit all the necessary documents and work with them. Regardless of who actually makes the registration, in the future, the papers are submitted to the patent office in electronic form.
   • The application can be downloaded from the Patent and Trademark Office website uspto.gov.
   • Patent applications can be filed either online or by mail (note that registering online will avoid a $ 400 filing fee).
4. 4 Expect a positive or negative response to your application. The US Bureau will review the documents and decide if your prescription is eligible for a patent. If approved, the bureau representatives will contact you. After payment of the publication fee and exit, you will be granted a patent.
   • If the application is not accepted, you have the opportunity to appeal the decision or make the amendments recommended by the bureau. Then you can resubmit your documents.
   • If the application was rejected, and you still need to protect your rights to the prescription, you can declare it a trade secret. Those who know the secret will be required to sign a nondisclosure agreement, so you can be sure that your recipe will remain yours.