Should my friend get a patent on a recipe?

Question

My friend has made a recipe for some cookies, that are really good and unlike any I have ever tasted before. She shared the recipe with a relative of hers that then shared it with a friend who is now making and selling the cookies on her own. Is there anything my friend can do to protect her recipe?

Answer 1

She can do this at the US Copyright Office – see the last 2 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."

Also, be sure she reads this BEFORE filing: http://www.copyright.gov/fls/fl122.html -- US Copyright Flyer regarding Recipes

Copyright records are public so she may NOT want to copyright it.

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

Answer 2

Despite what others have answered, your friend may be entitled to file a patent application. There is a common misconception that telling others or selling an item will result in immediate lose of the ability to seek a patent. This is simply not true, at least not in the United States. In many other countries it is true, but in the US you have 12 months from the time your invention is publicly use or from the time it is sold within which to apply for a patent.

Next, I know of no reason why one could not obtain a patent on a recipe. Patents can certainly be obtained on a method of making something and on compositions of matter. Therefore, there can be no reason to believe there is an absolute prohibition on obtaining a patent on a recipe or a food product. In fact, I know of recipes that have indeed been patented, but these recipes are normally mass production recipes.

Nevertheless, in order to obtain a patent it is essential that the patentability requirements be satisfied. If the patentability requirements are satisfied then the patent applicant is entitled to a patent. In my opinion, when dealing with recipes the critical patentability questions are whether the recipe or food product is new and nonobvious in light of other recipes. In most instances the answer is likely to be no. See:

http://www.ipwatchdog.com/patentability_requirements.html

Another question that a would-be recipe patentee should consider is how will the patent be used? Enforcing patent rights can be expensive, and in many circumstances I suspect a recipe patent or food product patent would be rather narrow and afford little real protection. Nevertheless, one important reason to obtain a patent is for advertising. Once a patent is applied for you can use in advertising the coveted term "patent pending." If a patent issues you can also advertise "try my patented recipe." The public at large knows very little about patent law, but most recognize that to get a patent means something special (i.e., that it has somehow been anointed by the federal government). If you are looking for this kind of reward from the fruits of your patent labors, then trying for a recipe patent could be well worth your time and money, particularly if you are a restaurant owner.

For more information on patent law and how to get a patent see:

http://www.ipwatchdog.com/patent.html

Good luck!

Answer 3

in case you go searching the position you stay, you need to be in a position to locate a save that sells abode brew kits. And on suitable of that, they should be in a position to grant you the recipes for most beers. of route, the call is going to be some thing like " purple Boston sort Lager" even with the undeniable fact that it really is nonetheless going to style, and be, Samuel Adams Boston Lager. maximum recipes are not a secret. Brewing beer is compared to baking cookies, it takes time, and Sammy A's is only going to anticipate you'll bypass right down to the save and pay 9 funds for a six %.. particularly of brewing 5 gallons and prepared for it to set and ferment. that ought to take as a lot as 3 months for some beers.

Answer 4

You can't patent a recipe.

The only way to protect a recipe is via "trade secret", which is basically "don't tell no-one, or, if you do, have them sign something that tells THEM not to tell anyone".

Answer 5

Not anymore, she didn't have anybody sign a doc. of non-disclosure, that recipe is fair game