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This content is for informational purposes only and is not intended to provide legal advice.
Considering that food has been cooked in households and commercial eateries for ages, finding a recipe worth patenting may seem almost impossible. But, if you have stumbled upon an innovative technique for preparing a dish using a previously unknown process or implement, you could think about getting a patent for the recipe. To acquire the patent, your recipe would have to comply with the 35 U.S. Code § 101 that says: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Criteria for Getting a Patent for Your Recipe
The primary concern here is that for the recipe to be patentable, it would have to be an entirely “novel” and “nonobvious” creation. You would also have to demonstrate that you’re using a unique blend of ingredients and a novel technique of combining them to create a dish that would not obviously result from usual cooking. Most importantly, you cannot request a patent for a food item already available even if it is not widely used in everyday practice. Fulfilling all these criteria can be a complex task, which is why you would want to retain an Orlando patent attorney who can guide you through the legal patenting procedures.
Step 1 – Research Existing Recipes and Patents
With the assistance of your patent lawyer or a professional search agency, you’ll scan through existing patent disclosures. You can also use the resources for patent searching made available by the United States Patent & Trademark Office (USPTO). If there’s no information about the recipe disclosed before, you can file for an application. Checking local libraries and databases for listings of available patents is also helpful. Your attorney will assist you with gathering all the relevant papers and other materials that can prove your ownership of the recipe.
Step 2 – Filing the Patent Application
Once you have the file ready, you can digitally submit the documents to the USPTO website using the Electronic Filing System (EFS). Alternatively, you can send them in via the USPS for a fee of $400. If you choose to submit the application online, you’ll start by creating a customer number and setting up a password. Since you’re applying for a patent for edible material intended for consumption, you’ll use the Patent Class 426 form. Your attorney will guide you through the process and make sure you comply with the requirements, including attaching the Utility Patent Application Transmittal (Form PTO/AIA/15).
Step 3 – Requesting a Provisional or Non-Provisional Patent
Next, you’ll request a non-provisional or provisional patent and put down accurate information about the recipe in broad terms, along with details about any potential modifications to the formula. Like, for instance, you may have developed an innovative technique for compiling the traditional Jewish shiva baskets, gifted to mourning families. In case of a provisional patent application, you need not submit an oath or a declaration, but you can use the “patent pending” tag for your recipe. Once you’ve applied, you must complete the non-provisional patent requirements within the next 12 months. If you’ve chosen to apply for a non-provisional patent, expect the processing time to take up to two years.
Step 4 – Processing Your Patent Application
The USPTO conducts a detailed search to verify your claim on receiving the application. The USPTO website provides updates on your application. You can use your login details and password to check for the approval status. If approved, the patent office will contact you, and on paying the publication and issue fees, a digital certificate will be provided. Whether or not your request is accepted, the filing fee is not refunded.
Alternatives to Patenting
In case your request is turned down, you have the option of appealing the decision and asking about the required amendments you can make. Many inventors choose to resubmit their ideas for a second review. Alternatively, you can work with your attorney to get Intellectual Property (IP) protection and declare the recipe a “trade secret.”
If you’ve developed a new cooking technique and recipe, rely on patenting or trademarking to protect your IP and secure your rights to monetize the concept.
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