Did you come up with a recipe that the world has never tasted before?If your recipe is novel, non-obvious and useful, you will be able to patent it.It's not easy to come up with something completely new because home cooks and chefs have been mixing ingredients for thousands of years.There are other legal protections you can put in place to claim your own recipe if it doesn't meet the qualifications.You can learn how to patent a recipe.
Step 1: Understand what makes something patentable.
Section 35 USC 101 states that whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, may obtain a patent there for, subject to the conditions and requirements of this title.Since they are always useful, recipes can fall into this category in two different ways, one of which involves a new process or technique.If the recipes meet the other requirements, they can be patented.
Step 2: Do you know if your recipe is novel?
"novel" refers to something that did not exist before.Things get tricky when it comes to patenting recipes.It's difficult to know if a particular mix of ingredients has been whipped up before.If you want to see if your recipe is novel enough to be patented, you need to do a few forms of research.If your recipe has already been patented, use the United States Patent and Trademark Office database to find it.You can find your recipe on the internet.If you find the recipe in either location you may be ineligible for a patent because of an existing patent or if it has been published elsewhere.If you can't find an exact copy of the recipe, you'll have to determine if your recipe meets the other qualifications.
Step 3: If your recipe is not obvious, you should change it.
If your recipe involves a technique or combination of ingredients that leads to unique, non-obvious results, it may be patentable.If your recipe involves techniques that lead to predictable results, it's probably not patentable.Most recipes that are invented by home cooks are not patentable because they don't surprise a seasoned cook.Food companies are more likely to create recipes that are patentable because they can use experimental processes and ingredients that lead to non-obvious results.A recipe that uses a new technique could be a patentable one.Adding a unique ingredient to a recipe is not obvious enough to make it patentable.A home cook might add cinnamon to a recipe.Most home chefs could predict the flavor change that would come from adding cinnamon.
Step 4: Determine what kind of patent you need.
A recipe could fall into more than one type of patent.The Utility Patent protects inventions that are useful.New methods, processes, machines, manufactured items, devices or chemical compounds are covered.The Utility Patent category includes most recipes.The shape of the product may be protected under a design patent.You could apply for one of those as well.
Step 5: Take a look at where you need patent protection.
It is possible to file a patent in the United States or other countries.If you feel that your recipe requires international protection, then you should apply for a patent in countries where you want patent protection.The European Patent Office facilitates patent applications for countries in the EU.
Step 6: If you want to file your paperwork, you should work with an attorney.
The necessary paperwork for the United States Patent and Trademark Office can be filed by patent lawyers.The patent office recommends that you hire a lawyer at this point to handle the paperwork and make sure you submit all the required materials.The papers are submitted electronically to the patent office regardless of who submits them.The United States Patent and Trademark Office website has the application cover sheet and list of required attachments.If you want to avoid the $400 non-electronic filing surcharge, you should file the patent application online or via regular mail.
Step 7: Wait for the application to be approved or rejected.
If your recipe is eligible for a patent, the US patent office will consider your paperwork.The patent office will contact you if you are approved.Your patent will be granted after you pay an issue and publication fee.The majority of patent applications are rejected.You don't have to take it personally.Examiners are required to enforce the rules diligently and it often works out to your advantage, resulting in a more valuable patent.If your application is rejected, you have the chance to argue or amend your claims.This can take several years and thousands of dollars.If you abandon your application and still want to protect your recipe, you can use it as a trade secret.You can prevent your recipe from getting leaked if you sign a non-disclosure agreement.