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I'm not an IP lawyer, I just play one on the interwebz, so don't pretend like this is legal advice, but: Yes, technically, you could patent a recipe, provided
by vanniv 7y ago
I'm not an IP lawyer, I just play one on the interwebz, so don't pretend like this is legal advice, but:
Yes, technically, you could patent a recipe, provided that it was sufficiently novel and sufficiently non-obvious to a practitioner of ordinary skill in the art.
An ordinary recipe that only takes well-known ingredients and combines them in well-understood ways, applying well-known techniques is going to have a difficult time passing either the novelty or non-obviousness tests.
I would anticipate that, if your recipe-based patent application were to prevail, that your recipe would need to include some preparation steps that are themselves new and unusual. For example, if you described a novel method of processing an ingredient, or a novel way of combining two ingredients that relied on some previously-unexplored aspect of their chemistry (such as making use of the small ash content of coconut milk products, for example)
- hedora 7y agoTaco Bell succesfully patented the hexagonal tortilla folding pattern they use for Crunch Wrap Supremes.
- vanniv 7y agoThat's fascinating. Was that a design or utility patent? Oh dear me, it was a utility patent. They spent years trying to get it approved and ultimately abandoned the application (presumably realizing they were never going to get it) Application #US20080020106A1