Section 35 USC § 101 on patent law states that "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title."Recipes can fall into this category in two different ways, since they are always useful, they may involve a new process or technique, and they include a composition of matter. All of this is to say that recipes are indeed possible to patent as long as they meet the other requirements., In legal terminology, "novel" refers to something that did not previous exist.This is where things get tricky when it comes to patenting recipes. It's very difficult to determine whether a particular mix of ingredients has been whipped up in someone's kitchen before. There are a few forms of research you should undertake in order to see if your recipe is novel enough to patent.


Search the United States Patent and Trademark Office database to see if your recipe has already been patented.
Search cookbooks and the Internet for your recipe. If you find the recipe in either location you may be ineligible for a patent because of an existing patent or the recipe will be considered already "disclosed" if it has been published elsewhere.
If you cannot find an exact replication of the recipe, you can proceed to determining whether your recipe meets the other qualifications.
 If your recipe involves a technique or combination of ingredients that leads to unique, non-obvious results, it may be patentable. However, if your recipe is something that could easily be thought up by someone else, or involves techniques that lead to predictable results, it's probably not patentable. Since most recipes invented by home cooks don't lead to results that would surprise a seasoned cook, they usually aren't patentable.


Food companies are more likely to create recipes that are patentable, because they are able to use experimental processes and ingredients that lead to non-obvious results. For example, a patentable recipe might be one that uses a new technique to give it a surprisingly long shelf life.
Simply adding a unique ingredient to a recipe isn't non-obvious enough to make it patentable. For example, an experimental home cook might decide to add cinnamon to a meatloaf recipe. Though the results might be surprisingly delicious, most home chefs could predict the flavor change that the addition of cinnamon would bring about., There are several different kinds of patents available and a recipe could fall into several categories of patents. The Utility Patent protects new inventions that have a useful application. This covers new methods, processes, machines, manufactured items, devices or chemical compounds or any new improvements to any of these items or processes. Most recipes would fall under the Utility Patent category unless you plan on packaging your final product in a unique package that also requires a patent. In this case you'd also apply for a Design Patent.
 Patents can be filed either in the United States or globally. If you feel that your recipe requires international protection, then you should apply for a global patent.
 There are patent lawyers who specialize in filing the necessary paperwork with the United States Patent and Trademark Office. While you're certainly allowed to submit your own paperwork, the patent office recommends you hire a lawyer at this point to handle the flow of paperwork and make sure you submit all the required materials. Regardless of who does the actual filing, the papers are then submitted electronically to the patent office.


The application can be obtained from the United States Patent and Trademark Office website, at uspto.gov.The patent application should be filed either online or via regular mail (note that filing online will allow you to avoid the $400 filing fee)., The US patent office will consider your paperwork and make a determination if your recipe is eligible for a patent. If you're approved, the patent office will contact you. After you pay an issue and publication fee, your patent will be granted.


If your application is rejected you have an opportunity to appeal the decision or make any amendments that the patent office may have suggested. You then resubmit your application for review once again.
If your application is rejected and you still want to protect your recipe, you can do so by declaring it a trade secret.Those who know the secret will be required to sign a non-disclosure agreement, and in this way you can prevent your recipe from getting leaked.
Understand what makes something patentable.
Determine if your recipe is novel.
Determine if your recipe is non-obvious.
Decide what kind of patent you need.
Figure out where you need patent protection.
Work with an attorney to file your paperwork.
Wait for your application to be approved or rejected.
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