Can You Get a Patent for a Recipe?

We may not all have the technical knowledge to come up with a new creation, or even the creativity to draw or write or paint–but many of us have skills in the kitchen. And when you create that great dish, meal, snack, or other food product, you may think–“I should protect this…can I patent that?”

What is a Patent?

A patent is a new and novel invention, and one that has utility and use. We tend to think of patents as life altering technological advancements, but they don’t have to be–anything new or novel, might be patentable.

Is it Obvious?

Recipes can be patented, but there are a few obstacles.

One is that to be patented, something cannot be obvious. And many recipes are obvious, in that there is nothing secret or unique about them.

For example, if you have a new recipe for mashed potatoes, and your secret is using more butter, that isn’t a patentable recipe–it’s obvious. There’s nothing new or novel about just adding more of any one ingredient.

The same goes for substitutions in recipes. You couldn’t patent a recipe for a hamburger, where your “secret recipe” is substituting cabbage for the lettuce.

If you have an entirely new recipe, creating what arguably might be a completely new product, that may be new and novel. For example, if you found a way to create a cereal that changes flavor in milk, or cereal that doesn’t get soggy in milk–you’re now creating an entirely new product, with entirely new characteristics, that give it the novelty it needs to be patentable.

Food products that have entirely different nutritional makeups, or which might react differently to different temperatures (for example, butter that doesn’t melt), might qualify.

The Processes

Sometimes recipes might go beyond just the food product you have created. It might also include the process by which you make it.

For example, a cooking process that changes or alters a food’s texture might qualify, or cooking a food product at a certain temperature, in a certain way, using a particular device like a pressure cooker or air fryer, might qualify.

Just Using Trade Secret Protection

As you can see, it isn’t easy to meet the standard necessary to patent something in a recipe–most recipes will just be considered a different combination of varying, known ingredients that don’t have the necessary unique qualities.

Many people who do invent new foods with new recipes opt to forego even applying for patents, because the patent application is public, and thus, exposes their recipe to the general public. If that patent is denied, their secret is now revealed to the world, with no protection for it.

Instead, inventors will often take steps to protect recipes as trade secrets, where they privately keep their recipe from being revealed to anybody. In many cases, this can provide more protection than a traditional patent would for a recipe.

Do you have an intellectual property legal issue? Call our West Palm Beach commercial litigation attorneys at Pike & Lustig for help.