How to Apply for a Patent for a Recipe
Patenting a recipe is much like patenting any invention; however, there are a few steps that make it unique. The steps to obtain a patent must be taken correctly and proactively. A patent can take some time to be granted. Therefore, it is wise to use the time to research your recipe, obtain proper counsel and understand the type of patent you will need.
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Instructions
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Research the recipe. Before you start dealing the U.S. Patent and Trademark Office, do as much research about your recipe as possible to determine if a patent has already been granted for your recipe (see Resources). Chances are, however, that this won't be the case if your recipe is truly original. Start at your local library. Look through cookbooks printed in the past 20 years. (A patent lasts 20 years.) Online searches for recipes will also give you insight as to what's out there. Be proactive.
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Contact a patent lawyer. Unless you are thoroughly familiar with patent and trademark laws and how to present a strong patent to the government, contact an patent lawyer. Expect to pay a retainer of at least $1,000. An attorney will help you understand the complexity of the patent application and advise you if your recipe is patentable. Your lawyer will also file your paperwork with the federal office on your behalf.
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Write your patent down. A recipe usually calls for a Utility Patent, which protects inventions created through a production process. Create a rough draft of your recipe. Pay close attention to detail and any secret ingredients that make your recipe original. When you've completed the rough draft, transfer the final version to word processing software and print a few copies. Keep all copies in a safe place until your attorney requests them. Save your original file on a disk. If you are unsure how to write out your recipe, ask your attorney for help.
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Complete the application paperwork. With the help of your attorney, be sure to complete all declaration documents, data reports and transmittal pages. Work closely with your lawyer, who will guide you through the process. If your attorney doesn't already have the application forms for you, contact the U.S. Patent and Trademark Office to obtain them.
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Tips & Warnings
Have the necessary capital before proceeding. It could cost you $10,000 or more to complete the patent process. Plan carefully for these funds before you begin.
Keep your recipe private until you've been granted your patent. The process could take several months to complete. This could be enough time for someone to steal your idea and begin patenting your recipe.
Resources
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Comments
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I appreciate your wisdom. My plan is to license my recipe formula and marketing plan to a big company.
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Sajid Ansari, Thank you so much for that information. *Trade Secret* Got it!
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No problem...there's plenty of reliable resources that help you take your recipe to the market. I'd check out a few books or articles such as "From Kitchen to Market" by Stephen Hall.
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I have a lovely old chutney recipe that I think was my Grandmother's, possibly earlier. My Mum used to make it and handed the recipe down to myself, and I've not released it to anyone. I've sold lots of this chutney at charity events and everyone sings its praises saying I ought to market it. I'm in design/marketing anyway so might take the leap! Thank you for the advice on here.
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No problem. A lot of people ask about patenting recipes and selling the recipe to companies. It's not a bad question, it's just that a patent wouldn't be the answer, which is why I went on my initial rant about this ehow entry, which is ill-advised. To expand on your question as to how to turn a recipe into a product, basically, one would have to get the attention of an executive at a food company, and get them to agree to buy your recipe, again, as a trade secret. That's how a company would want it, too...they wouldn't want be willing to pay for a recipe if it was disclosed for the whole world to see. Another thing to keep in mind is has the recipe been in public use for over a year?? If so, she would not be entitled to a patent under 35 USC 102(b), as the invention has been in public use for over a year. And legally, one would HAVE to disclose if their recipe was in public use, for over a year...so if they made it for a dinner party or something, that counts as public use and wouldn't even get the patent. Sorry for rambling, I just rly like this stuff.
