How to get a patent for food [Best Answer]



Last updated : Aug 8, 2022
Written by : Alphonse Waithe
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How to get a patent for food

Can you patent a type of food?

It is important to note that food ideas cannot be patented. In fact, no ideas can be protected under intellectual property law—not even with a copyright, which requires that an idea be in a fixed form before it may be protected.

Does food have patent?

The answer of course is yes, though depending on a number of factors which we discuss hereinafter. Patent Amendment 2005 of the Indian Patent Act 1970, as we all know, has introduced product patent protection for food, pharma, and chemical inventions.

How much does it cost to get a patents?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

How long do food patents last?

Currently, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States. Many other factors can affect the duration of a patent. 3.

Is Pizza patented?

One of the first patented machines for automatically producing pizza is described in U.S. Patent No. 2,190,483 for a “Machine for Making Italian Pizza” and which was filed by Mr. Pacilio Salvatore in 1939.

Can I patent a flavor?

Flavours and recipes Patenting flavours and ingredients is quite difficult because the distinctiveness is at the molecular level; it can hard distinguishing between one recipe and another. It can be patented but the success rate is low. Most recipes rely on trade secrets.

What is patent in food industry?

In the food industry, a patent can be obtained on a novel and non-obvious recipe or cooking technique. Patents can also be obtained for a novel food processing strategy. Furthermore, Patent Rights can be used to protect new ideas, which arise from the Research and Development departments in the food industry.

Can you patent or copyright a recipe?

A collection of recipes, as in a cookbook, can be protected. That protection is stronger if the author adds original literary commentary and uses creativity in the selection of recipes. Merely listing ingredients, however, is likely not enough. Patents.

What is the cheapest way to get a patent?

  1. Do-It-Yourself (Draft it and File it Yourself)
  2. Cost of Filing It Yourself.
  3. Still To Expensive?
  4. Cost of Filing It Yourself.
  5. Fiverr & Other Low Cost Options.
  6. If Budgets Allow - The Better Option Is to Use an Attorney.
  7. The Cost of An Attorney.

How can I patent my idea for free?

There are two ways you can actually patent an invention for free, sort of. If you cannot afford an agent or attorney, look to the Patent Pro Bono Program or the Law School Clinic Certification Program, both provided by the USPTO. The Patent Pro Bono Program pairs registered patent agents or attorneys with inventors.

What is the easiest way to get a patent?

  1. Step 1 – Verify the Idea is Eligible For a Patent.
  2. Step 2 – Keep a Detailed Record of Everything.
  3. Step 3 – Make a Prototype.
  4. Step 4 – Apply For a Provisional Patent.
  5. Step 5 – Hire a Patent Attorney.
  6. Step 6 – File Your Patent Application.

Is Coke patented?

For example, Coke has never patented its recipe and has instead treated it as a trade secret for over 100 years.

Is Dominos patented?

Because Domino's holds a patent on its order tracker.

Did Pizza Hut have patent on stuffed crust?

Pizza Hut was sued by the family of Anthony Mongiello for $1 billion, over claims that Pizza Hut's stuffed crust infringed on Mongiello's 1987 patent (US4661361A) on making stuffed pizza shells. Pizza Hut was found to have not infringed on the Patent in 1999, the court stating "...

Does Pizza Hut have any patents?

The intellectual property of Pizza Hut includes 6 registered patents primarily in the ' Baking; Edible Doughs ' category, according to IPqwery. Additionally, Pizza Hut has registered 70 trademarks with the most popular class being ' Basic staples ', according to IPqwery.

Can you patent a BBQ sauce?

In most cases the typical recipe for a “killer Margarita” or “the best barbeque sauce ever” will not be patentable because they won't be unique enough, typically failing on the non-obviousness requirement.

Can you patent a restaurant concept?

It is important to note that business owners cannot patent a business idea, such as a franchise restaurant concept. You could, however, potentially patent your method of doing business. All patentable inventions must be distinct from existing ideas.

What is intellectual property for food?

Intellectual property protection in the fast food sector covers everything from the formulation of ingredients and recipes to the branding of the product. Various types of IP rights exist, and all of these should be considered in order to create a barrier to entry to competitors.

Can an ingredient be patented?

You can patent a recipe formula only if the composition is unique and non-obvious of the present foods. Example: For example, if you want a patent for your coffee. Then the amount of sugar, the type of coffee beans, the proportion of ingredients is taken into consideration.

How do I get rights to a recipe?

So, a work needs to be original, independently created by a human author, and possess at least some minimal degree of creativity while also being set in a sufficiently permanent form. Recipes easily meet most of these requirements.


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How to get a patent for food


Comment by Tammara Locey

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 Tammara Locey, have a nice day.
- Alphonse Waithe, Staff Member


Comment by Ruthe

what's up guys so today I'm going to be talking about how I got my first patent at 17 and also I'll be explaining how you can apply for your patent and get a patent on your product so this is what we're talking about a United States utility patent and I'm gonna be talking about the way I did it and I'll be only talking about what I know so I'll show it to you here this is the patent that was issued you could see there's a barbell there and this is the product that it was issued on the snap flips barbell collars so I'm gonna tell you about how I got my patent so the process that I follow - then I'll explain step by step what you would do to do the same thing so I started off with not a lot of money had like two hundred bucks and I was in high school and had this idea of a barbell collar that you could use to hold your weights in place so I had made some prototypes this is one of the prototypes here and I thought it was a good idea so wanted to file a patent on it and I wanted to file a provisional patent because a provisional patent is basically a time holder and it says hey I'm here I have this idea and I want to file a patent for it but I'm not quite ready yet so filing a provisional patent sets your spot in line and then you have 12 months from that date to actually file a real patent that can protect your product or idea so the way that I did it was I got some software online it was 150 bucks at the time now it's only 99 dollars for a year so it's called patent wizard put it up right here and you go on patent wizard you download the software and you basically it asks you a bunch of questions like extended response questions about your idea how you make it what it looks like how it works you fill in all that stuff and then I don't know after a couple hours of doing it it prints out your patent for you and at the time I printed it out I mailed it into the USPTO the United States patent trademark office and my spot was saved in line now what you'd actually do is you would make an account online download it to your computer from the software and submit it online if you send it in through the mail now they actually charge you an extra two hundred bucks so it's not worth it so now you would just do it online anyway after I filed my provisional patent I started developing the product more making sure that there was a need for this type of product making sure that people wanted to buy it and I did find that people wanted to buy it so at that point I said okay we need to file an actual utility patent on this product I found some lawyers that were really nice and wanted to work with me and we went through a whole I mean it was a couple months turning our provisional patent that I wrote which I wouldn't necessarily recommend writing your own patent your own provisional patent but I didn't have another option at the time so that's what I did so we took my provisional patent and then we turned it into a utility patent filed it in the office and we actually got it it usually takes between one and three years to get your utility patent issued we filed for expediting the whole patent process it was we paid $6,000 for it looks like it's only a thousand to two thousand dollars now so must have gotten cheaper and what that does is instead of waiting between one and three years it gets done in one year so provisional patents one year and then you file your utility patent after that and in one year you have either an answer yes we have a pet we'll give you a patent on this or no we're not going to give you a patent on this because someone's already made something like this before so after I think it was like eight months or something we had heard back they said we think that you could get a patent on this but you there's some stuff that you would need to change in order to get your patent so we made a couple tweaks to the patent and then it finally got issued we paid some more fees and then we were finally issued a United States utility patent which protected the product and we were basically ready to launch and start selling the product on the market so that's how I did it super quick little you know story about it there's a lot more to it but now I'm going to talk about how you can actually do it so the first step in the process when you're trying to file your patent and the way that I'm going to do this is I'm gonna tell you to file a provisional patent first if you want to go directly in the utility patent more power to you you do that but this is how I did it so first you do a patent search you could go on uspto.gov and you search patent search and then you basically type in descriptive words about what your product your idea or whatever you're trying to patent what it is and you look it up you you look at there you see if anyone has made something or gotten a patent on something similar look on Google see if there's anything similar to what you're doing if you find something similar to what you're trying to patent you're not gonna be able to patent it because someone's already thought of it before in order to get a patent you have to think of something completely new that no one has created before it's never been publicly posted anywhere and no one knows how to do it you're you're the first one that's making this thing so that's the big thing you need to do a patent search and if that checks out and you don't find anyone that's made anything similar then you can go on to the next step you need to figure out what kind of patent you're gonna file you file your provisional first then 12 months past now you're getting ready to actually file your real patent what you need to decide is is it going to be utility is it going to be a design is it going to be a plant patent if it's a product or a new way to do something it's most likely going to be a utility patent so we're gonna be talking about utility patents then what where do you want to file a patent is there just gonna be in the US or is it going to be globally I don't know about filing patents globally so I'm not going to talk about it I'm just going to talk about filing a patent in the US it's gonna be a non provisional patent because you've already filed your provisional patent and the twelve months has passed and it's come time you know maybe like 11 months is passed and it's now it's time to file your actual patent your non provisional utility patent so then you need to decide are you going to expedite it or are you not going to expedite it if you expedite it it's going to get done in one year if you don't expedite it it can still get done in one year but it could take up to three years so that's a choice that you're gonna have to make which comes with a fee the fee is between 1,000 and 2,000 dollars - depends on if you're considered a micro entity or a small entity then who should file it so for the provisional patent I filed that by myself if you have the cash it's probably better to have an actual lawyer file your provisional - but if you don't have the cash and you don't have another option file the provisional yourself but once you get to the actual non provisional once you get to your u


Thanks Ruthe your participation is very much appreciated
- Alphonse Waithe


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