How do I go about getting a patent for a recipe?

Question

I have a recipe for a salad dressing and I want to patent it so that I can go about selling it or selling the recipe but how do I go about it and will it cost lots of money?

Answer 1

I don't think you can patent a recipe. You could probably copyright the recipe so that no one else can copy it and sell it (e.g. in a cookbook), but you can't keep other people from making the same product. Patents are more for machines, electronics, even business processes, etc. Unless your recipe involves some novel technique for producing the product or something (like some new way to keep the oil and vinegar from separating) I don't think you are into a patentable area. In fact you'll have to reveal most of the ingredients on the label but apparently you can hide some of the details under "natural flavors", etc.

That's why the Coca-Cola recipe is in a bank vault and why KFC's 11 herbs and spices are secret.

Answer 2

Processing a patent application is expensive and time consuming. And you might not get a patent on the recipe if it is too similar to other recipes.

You could just keep it a trade secret. If you do not tell anyone what it is, and you make your employees sign a confidentiality agreement, you can at least sue a competitor if they do something improper to steal your recipe -- like bribe an ex-employee (You cannot sue for mere reverse engineering under trade secret law, however). Trade secret law costs you nothing to implement; you just keep it a secret (public disclosure ends the secrecy).

Go to the self help section of your library or bookstore and look for a book called "Patent It Yourself" or "Licensing Your Invention".

You can also see a patent agent or patent attorney to discuss whether your idea is patentable or not.

Answer 3

That would be a copyright, not a patent. Before filing for a copyright, be sure to read what the US Copyright Office has to say about recipes.

You can do this at the US Copyright Office – see the last 3 links in the source box. The application is fairly simple & the cost is $45 per application.

Despite what others state, a "poor man's" copyright is NOT the same as registering it. Here's what the US Copyright Office has to say:

"The practice of sending a copy of your own work to yourself is sometimes called a 'poor man’s copyright.' There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 4

first is it your own recipe and not from a book.
is it a common known recipe already in public domain.
you can't just add a herb to oil and vinegar or change the ratio a bit-unless it is unique you will find it hard to get a patent it will cost alot as someone from the patent office will check nobody else has took out a patent 1st. it is possible but unless your 100% sure its profitable might not be worth it. check with the patent office asap to make sure it has not already been taken

Answer 5

Are you 100% sure that your recipe is unique?

COPYRIGHTS: RECIPES AND FORMULAS

: : 1) Copyright is a form of protection provided to authors of "original works of authorship", including literary, artistic, dramatic, musical, graphic artsand other creations.

: : Copyright protects the author's original creative expression as contained in the work but DOES NOT usually extend to any idea, procedure, process, method, system, discovery, name, title or slogan.

: : Therefore, while COPYRIGHT PROTECTION may be available for the unique expressive aspects of your recipe: (e.g., "a pinch of sugar, a dash of salt, smoke a cigar and drink and a malt" ) it may not be sufficient to protect the actual recipe or formula: (e.g., 1/2 tsp: sugar, 1/4 tsp: salt).

: : Even simple recipes (like a Peanut Butter & Jelly Sandwich) can be protected (to some limited extent) both as independent and creative expression (e.g., "lightly toast each side of your favorite whole grain base before gingerly spreading a thin layer of fresh preserves")

: : AND as a compilation of recipes which appear in a serial publication or cookbook. Together, the choice of selecting certain recipes and organizing them in some special fashion, can also be protected under copyright.

: : While you cannot generally reproduce the work of others, IT IS NOT COPYRIGHT INFRINGEMENT TO "REVERSE-ENGINEER" a recipe or to describe the recipe or process IN YOUR OWN WORDS.

: : You should give a footnote credit to your source where appropriate and you should never quote extensively from, design a derivative work around or utilize any substantial portion of someone else's work without license.

Answer 6

Contact the Patent office for your country, it will cost money.

Answer 7

just bottle it and then sell it

do you know the recipe for Coke-a-cola??

wear sunscreen

Answer 8

you cant - just keep it a secret like many do.