We often get people contacting us with this question. Interesting that the answer came out in an edition of the Inventor’s eye back in 2013. Here is what the patent office had to say:
From Inventor’s Eye – “You’ve heard it before: “We make the best!” Be it barbecue sauce or brownies, it seems like everyone claims to have a unique and special food recipe. But can the culinary geniuses who came up with those recipes obtain a patent and exclude others from making, using, or selling their delectable creations? First, remember that patents may be granted for any “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” according to Title 35 of the United States Code, Section 101 (35 U.S.C. 101). A food product or recipe typically has three components: a list of ingredients, instructions on how to combine and cook them, and the final product resulting from the first two components. In terms of patentable subject matter, a list of ingredients can fall under the headings of a composition of matter and/or manufacture, and the way the food product is produced can fall under a process. So the short answer is yes, recipes are eligible for patent protection because they potentially contain patentable subject matter.”
Well there you go! Straight from the horse’s mouth! If you have a special recipe and want to look into protecting it contact us at New Product Consulting for a free consultation.
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