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Written by : Shirlene Kaufman
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all right so in this video i'm going to answer the questions can you patent a food idea this is something that a lot of you have actually requested and wanted to know about so i'm going to dive into four specific factors that would actually allow you to get a patent for a potential recipe now those four things are quite involved so you want to stick with me all the way through this video because i'm going to explain to you what those four things are and what you need to do in order to make sure that you have it done right and the other question was how much does it cost to get a recipe patent that is something that of course a lot of you who are just starting a food business may or may not have the budget for so in this video we're gonna dive into those four specific things we're gonna get into that right now welcome back to marketing food online it is damian and in this video as i mentioned back in the introduction i'm going to cover those four specific things that you need to cut in place in order for you to submit an application to get a food recipe patented now the question off the top you had can you actually patent a recipe yes you can but there's a few things that you need to know before you can actually do that and welcome if you are brand new to marketing food online make sure you hit that subscribe button definitely hit the bell notification we have over a thousand videos for the food entrepreneur if you are just getting started in your food entrepreneur journey this is definitely the channel you want to subscribe to because we have a lot of resources and our website at marketingfoodonline.com and if you need any consultations we also offer consulting services as well and lastly if you want to listen to us on the go check out those links down in the description section for our podcast i believe we're on now 10 or 11 or 12 different platforms and you have an opportunity to listen to us on the go so let's dive right into it the subject matter of your recipe must be patentable most recipes actually will qualify as patentable subject matter because they contain ingredients and a method is employed to prepare the components now because the ingredients are created and how they are cooked and prepared falls under a process most recipes will qualify as a patentable subject matter in other words basically the recipe are unlikely to be rejected since they do not contain patentable subject matter however recipes must still meet the other conditions outlined below let's dive into those all right so number two your dish must be unique now what does that mean the criterion for uniqueness for recipes merely means that the recipe is brand new a recipe must be novel under the what they call 35 usc 102 which means that the invention or recipe must have never existed before so it gets more difficult to apply this condition when it comes to recipes do the ingredients have to be the brand new or does it combine with other ingredients in order for it to be brand new that's the question so the quick answer is that the ingredient mix excuse me the ingredient mix as well as the amount of ingredients must be unique for example increasing the amount of sugar and let's say a cheesecake can make it sweeter and even adding peanut butter creates an additional totally new cheesecake and that creates a unique variety of cheesecake okay one that said never been done before so that's where the additions come in to be able to be patented your recipe you must first make sure that no one else has already done so alright so a basic search of the uspto patent database will actually reveal whether or not a recipe has been patented now in addition to searching the uspto database you should also check the internet to discover if the recipe you're trying to get patent has already been published because if it were to be then that would obviously mean that you have to transition into something else or add else to it something else to it now if someone else has already patented or published the recipe precisely as you produced it it may not actually qualify for a patent that's where it gets a little tricky so this is especially true if someone else's patented first and plus in addition to if someone has published the recipe such as putting it online the patent office will consider it published or quote unquote disclosed and no longer patentable so the idea is this once an actual recipe gets published even if it happens to be online that creates a uniqueness about that recipe in order for you to create something unique you'd have to have an additional ingredient or process added to it which would distinguish yours from somebody else's now really quick disclaimer before we get deeper into this i am definitely not a patent attorney or a lawyer but i do know a lot about patents because i actually have several of them um i had completed a patent uh 2000 i think 13 2014. and it took quite a few years to get it and it was extremely expensive i went through a lawyer to have it done and it actually cost me quite a bit of money but it was definitely well worth it because not every patent that gets submitted gets approved and a very small percentage of applicants actually ever get a patent so this is a little bit of the experiences that i have actually experienced with a lawyer in the uspto office but again seek out specific legal advice from a patent lawyer if you wanted to go further with this i'm definitely not a lawyer i'm a i'm a business guy a food entrepreneur with e-commerce businesses definitely not a lawyer so let's keep going with this and i'll explain a little bit more about how this works however if your recipe differs in any way from what has already been published or from the recipes that have already been patented this is actually good news for you since you may be able to actually patent if you meet the remaining requirements okay now an inventor wanting to protect his recipe must not have publicly revealed sold or even offered the recipe for sale this is really important for more than a year prior to submitting a patent application when you do that with the uspto office this is actually part of the novelty investigation so the patent office may refuse to grant you a patent if you disclosed your recipe more than a year ago so definitely not want something you want to tell a lot of people if you've created one number three your recipe should be unique now damian what does that mean that's kind of vague you must show the patent office that your recipe was not evident at the time you actually filed your patent application in order for it to be patented to put it another way so if your recipe is apparent such as a adding additional strawberries to a strawberry cheesecake let's say the patent examiner will claim that anyone might have thought of it that's something that you could have been thought of beforehand and wouldn't work and thus it'll deny your patent application understand what i'm saying so when you actually when determining whether a recipe is non-obvious like that a standard of an average person in the field of the invention is used to assess the recipe s
Thanks for your comment Micah Dragos, have a nice day.
- Shirlene Kaufman, Staff Member
the file is Hard To address that I used
Thanks airlinah your participation is very much appreciated
- Shirlene Kaufman
About the author
I've studied museum education at California Institute of Integral Studies in San Francisco and I am an expert in remote sensing. I usually feel surprised. My previous job was nursing professor I held this position for 31 years, I love talking about laser tag and photography. Huge fan of Jay Leno I practice canoeing and collect patches (also badges).
Try Not to laugh !
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