How to Patent Food Ideas

Patents provide inventors legal protection from having their inventions duplicated by others for profit in exchange for public disclosure. Patents are issued by the U.S. Patent and Trademark Office (USPTO). Of the three patent types, utility, design and plant, a food idea would fall under utility patents, as it would be a new article of manufacture. Once issued, a utility patent offers 20 years of protection.

Instructions

Prep

1. Download and fill out the Declaration for Utility or Design Patent Application (see Resources).

2. Describe the food idea in a text (.txt) or portable document format (PDF) file according to the requirements of U.S. Code Title 35, Section 112 (see Resources).

3. If it makes the food idea easier to understand, create illustrations in a PDF file according to the requirements of U.S. Code Title 35, Section 113 (see Resources).

Apply

1. Register online with the U.S. Patent and Trademark Office as an eFILER (see Resources).

2. Select "New Application," then under patent type, select "Utility."

3. Fill out application data, including food idea name, inventor name, address and telephone number.

4. Upload the required documents: Declaration for Utility or Design Patent Application, description and illustrations.

5. Pay necessary fees.

6. Submit application.

References

• Patent Information
• Patent Types
• Fee Schedule

Resources

• Declaration for Utility or Design Patent Application
• U.S. Code Title 35 - Patents
• eFILER Registration