How to Find Out If a Recipe Has a Patent
Do you believe you may have just revolutionized the world of apple pies with your breakthrough new recipe? You might be eligible to receive a patent for your new idea, but before you can apply, you must find out if your idea has already been patented. You will need to perform a patent search, but the Patent Office's databases can be difficult to navigate. You can do the work yourself or hire an experienced researcher or patent attorney to search for you. This will cost you money, but they are professionals who know how to filter information from the databases. Follow these steps before you apply. Does this Spark an idea?
Instructions
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If you've decided to search on your own, use an online search engine to find a recipe like yours. You might find something similar on one of the various recipes websites. Search engines filter information quickly and save search time if you establish early that your recipe is not unique.
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Go to http://patft.uspto.gov/, the United States Patent and Trademark Offices' "Patent Full-Text and Full-Page Image Databases" website. There are two different sections to search-issued patents and patent applications.
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Choose the issued patents "quick search" option. Choose two keyword terms and refine your search by choosing only to receive results that fit within a certain field. You will be bombarded with a lot of information, so remain patient and try different keywords to find the best results.
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If this doesn't work, go back to the first page and try the "Advanced Search" options and follow the above procedures.
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If your search has generated no results, it may be because a patent has not yet been issued. In that case, proceed to the "Quick Search" option under the "Patent Applications" section and perform your search following the same procedures in the previous two steps.
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There are "Help Files" options under the "Issued" and "Applications" headings if you need more help with your search.
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Tips & Warnings
Ask your local law school to refer a legal student to assist you with your research. He/she may lead you to your answer and it will provide the student with practice at legal research.
If you are feeling overwhelmed, it may be time to hire a professional researcher or patent attorney.
