How do I get a patent for a cocktail?

Question

A friend came up with a cocktail that he would like patented and served in restaurants and bars across the country, and to be featured in bartending books. How does he start the process?

Answer 1

Well first off… good for your friend! <:o) I love cocktails…. Ha Ha!

Anyways, I think you may perhaps be a little confused, (as most general public is) when it comes to the differences in getting a Patent or a Copyright. In your friends case, he would want to get his cocktail recipe copyrighted – not patented. Since the initial concept of a cocktail is already in existence, your friend cannot own that, but he can own the rights to his unique variation on the drink, (which keep in mind the name of the drink – that is a “cocktail” – he cannot own, unless he gives it a completely new name). Now in this instance, this is where the new/unique *name* of his drink would go to the Patent & Trademark office and not us here at Copyright. So therefore, your friend needs to copyright the recipe for that drink which would secure his unique ingredients and the amount (cups, liters, etc…) that he has arranged to make this new drink. These instructions to how to prepare the drink would be protected by us – although technically the creation is automatically protected under law the moment he created it. Nevertheless, having it documented just makes it easier to dispute in legal matters if such an occasion arose.

Now as far as my credentials go and why on earth you should listen to me, I work in Copyright (as a Copyright Specialist) at the Library of Congress with the public on similar questions and issues you have here now. To help you out even further – and being such a nice guy that I am… I have also provided a link to our site where your friend can download the form TX (that is the one he will need) and complete it to turn in. You should also inform him that in order to process his order, he has to also submit a $45 check or money order along with his form addressed to us. It will all be on his form though. So, I know this can get a little bit overwhelming, but I hope I helped! Oh… and tell your friend he has to let me try this new drink too! LOL! Good luck.

Answer 2

That's a very intelligent thing to do. Licensing makes many people very rich, on a daily basis. Bill Gates III is a master of licensing, as is Disney Corporation. For Example, whenever you see a public display of the Hollywood sign from Hollywood California, someone is paid a royalty for they have it patented. First you must contact the patenting office and give a detailed description of the drink and so on, It'll cost money to put it on file.

Answer 3

I don't think you can patent a recipe. If you actually made the cocktail and sold it to resturants and bars, then you could patent it, much like Coke or Pepsi.

Answer 4

TO BE IN A BOOK> IT HAS O BE POPULAR AND I AM NOT SURE THAT ANYONERECIEVES ROYALTIES ON INVENTING DRINKS>

AT ANY RATE YOU WOULD HAVE TO FILE A PATENT IN THE US PATENT OFFICE>

YOU WOULD THEN HAVE TO INTRODUVE THE DRINK TO BARTENDERS AND PAY THEM TO SERVE IT TO PEOPLE LOOKING FOR A NEW DRINK>

A UNIQUE NAME IS KEY HERE AND I WOLD BE SURPRISED IF THERE WAS NOT ALREADY A DRINK EXACTLY LKE IT WITH A DIFFERENT NAME>

GO TO WEBTENDER>COM AND SERCH FOR THE INGREDIANTS USED IN THE COCKTAILI AND SEE IF THERE ARE ANY SIMILAR DRINKS

Answer 5

You can copyright the recipe, but that only prevents others from copying the recipe in print. There is no way to prevent others from using using the recipe. Unless as another user suggests, you produce it in bottles and sell it that way, Smirnoff Ice, Bacardi Breezers.

Answer 6

ud prolly be wastin ur time im effective different ppl have tried it b4 in simple terms didnt care final weekend i mixed a million area jager to a million area captin morgan it replace into fantastically reliable yet i aint gonna attempt to get it placed on a rattling menu at a bar or some ****