How to Patent a Food Product to Sell
Securing the right for your business to sell an original food product without competition takes only one request at the U.S. Patent and Trademark Office. Article I, Section 8 of the U.S. Constitution says you have the right to patent your invention. Tell the office you have a definite product good for Americans to eat, and provide certain proof.
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Things You'll Need
- Pen, with black ink, a typewriter or a word processor and printer
- Paper, A4 or 8 1/2 by 11 inches
- Utility Patent Application Transmittal Form (optional)
- Design Patent Application Transmittal Form (optional)
- Application Data Sheet (optional)
- Drawing sheets (optional)
- Form SB01, Declaration for Utility or Design Patent Application (optional)
- Nucleotide and/or Amino Acid Sequence Listing
Instructions
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Search for existing food products similar to your invention. Your product must be new. If another inventor has patented a similar food product you can't get a utility patent. Also, if a similar product has been used before you invented your food product or a similar product has been described in a publication, your application will be rejected. The utility patent class for a food product is 426. You can search for recorded inventions at the USPTO's Patent Search Room in person in Alexandria, Virginia, or you can search online using the Patent Full-Text and Image Database at www.uspto.gov.
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Look up the fees. Patent applications include a filing fee, and additional fees for search and examination. You can find the fees online at www.ustpo.gov, or call the USTPO General Information Services at (800) 786-9199 or (703) 308-4357. Fees can change each October.
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Write a letter to commissioner for patents to explain your original invention and request a patent. Include your name and your invention's title. Also state the application number, a serial number and a filing date assigned by USTPO or an international application number. Sign the letter.
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Write the title and specification for your invented food product. In the title, write the invention's name in a short and specific statement at 500 characters or less. Continue with the specification. Describe the food product, how to make it and the intended consumption. Make the description full and exact enough for any person skilled with food products to make and consume the product. At the conclusion, claim your food product is new with a definition that defines the whole invention. Add any drawing useful to describe the food.
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Make a written oath or declaration. State your belief that you are the original and first inventor of the food product. Make any supporting statements that make your belief credible. State your first and last name and middle initial, if any. Sign the oath or declaration. For a declaration, Form SB01 can be used. Swear to the oath before a Notary Public or other officer. A declaration does not need a notarization.
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Complete an application for a design patent if you want to patent the food product's look. A design patent protects the surface ornamentation, configuration or shape of the food or packaging. Follow the same process as you did for the utility patent. The design patent class for a food product is DB01.
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File the application with the Director of the U.S. Patent and Trademark Office. Include the additional forms and papers with the specification. Pay the fees. Mail the complete package to the Commissioner of Patents, P.O. Box 1450 Alexandria, VA 22313-1450.
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Tips & Warnings
Use legible writing or print in a portrait orientation on flexible, strong, smooth, non-shiny, durable and white paper.
For the text, use a nonscript text letter style, such as Arial, Times Roman or Courier. The office prefers 12 point type.
Make the margins at least 3/4 inch on top and bottom, 1 inch on the left side and 3/4 inch on the right side.
You can ask the aid of a patent lawyer or patent agent to write the application and file. Successful application requires knowledge of the patent law, rules, and office practices and procedures. You also need scientific knowledge and technical knowledge to know the invention is new, and give an adequate description. When an inventor does not have this knowledge, the patent application might be rejected.
