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Can You Patent a Food Idea
Posted by Damian Roberti on
The subject matter of your recipe must be patentable. 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 budgets for. In this video, we're gonna cover those four specific things that you need to cut in place. Most recipes will qualify as subject matter because they contain ingredients and a method is employed to prepare them.
The criteria for uniqueness for recipes merely means that the recipe is brand new. If someone else has already patented or published the recipe, precisely as you produced it, it may not actually qualify for a patent. The US Patent and Trademark Office will consider a recipe published or quote unquote disclose and no longer patentable. If your recipe differs in any way from what has already been published, this is actually good news for you. But again, seek out specific legal advice from a patent lawyer.
You must show the patent office that your recipe was not evident at the time you actually filed your patent application. A standard of an average person in the field of the invention is used to assess the recipe. The more components you utilize, the more likely you are to be able to get a patent for your recipe. Can you patent a recipe, Damian? Yes you can.
It's kind of really up to you, but it's not necessary in order for you to have some type of legal protection. And some food recipes you can actually get done anywhere from about 2000 up to about five or $8,000. I personally would say, don't worry about it and don't do it if you don't necessarily need to, just because of the cost. But the idea of proving all of those things that I just talked about is challenging.
The criteria for uniqueness for recipes merely means that the recipe is brand new. If someone else has already patented or published the recipe, precisely as you produced it, it may not actually qualify for a patent. The US Patent and Trademark Office will consider a recipe published or quote unquote disclose and no longer patentable. If your recipe differs in any way from what has already been published, this is actually good news for you. But again, seek out specific legal advice from a patent lawyer.
You must show the patent office that your recipe was not evident at the time you actually filed your patent application. A standard of an average person in the field of the invention is used to assess the recipe. The more components you utilize, the more likely you are to be able to get a patent for your recipe. Can you patent a recipe, Damian? Yes you can.
It's kind of really up to you, but it's not necessary in order for you to have some type of legal protection. And some food recipes you can actually get done anywhere from about 2000 up to about five or $8,000. I personally would say, don't worry about it and don't do it if you don't necessarily need to, just because of the cost. But the idea of proving all of those things that I just talked about is challenging.