This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Application For Invention In Cook
State:
Multi-State
County:
Cook
Control #:
US-003HB
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
It must be new it must be useful. And it must be non-obvious. Now as for new it needs to beMoreIt must be new it must be useful. And it must be non-obvious. Now as for new it needs to be something that's been invented. Recently it can't be a recipe for food product that's been sold.
No. You cannot patent or otherwise own a recipe as intellectual property. That's why companies like Coca-Cola and KFC go to such extreme lengths to keep their secret recipes, well, a secret!
A recipe in generally cannot be copyrighted. It requires the text to be a substantial literary expression. A list of ingredients, how to put them together, cannot be owned in the legal sense.
So, for a patent to be issued, your invention must meet four conditions: Able to be used (the invention must work and cannot just be a theory) A clear description of how to make and use the invention. New, or “novel” (something not done before) “Not obvious,” as related to a change to something already invented.
If the concept is a machine, process, manufacture, or composition of matter, you can get a patent. You cannot get a patent on a result (e.g., space travel). However, you can get a patent on how to achieve the result (e.g., space shuttle).
In the United States, patents are granted for inventions that are “novel, non obvious, and useful,” and if a food product or process meets these criteria, it just may be considered eligible for patent protection.
Recipes are indeed patentable subject matter and protectable either by defining a “new and useful process” or as a “composition of matter.” For example, the resulting secret sauce is a composition of matter, while the steps to made the secret sauce are a process.
Barilla's new pasta shape is an example of this type of food innovation, in which a minor change in the shape of a traditional pasta can result in significant functional improvements.
How to patent an idea? Make sure the invention is eligible. Record everything in the process. Create a prototype. Prepare for the patent application. File for the patent. You restrict your competitors' operations: A patent is viewed as property: A patent has an advertising and image value:
So, for a patent to be issued, your invention must meet four conditions: Able to be used (the invention must work and cannot just be a theory) A clear description of how to make and use the invention. New, or “novel” (something not done before) “Not obvious,” as related to a change to something already invented.
More info
To apply for a patent, you must file an application and pay required fees. This article examines how the patent system applies to inventions related to food including drinks, plants, food processing, and even the appearance of food.Trademarks are much easier to get than patents. You can fill out the paperwork online without an attorney if you wish. Let me walk you through an overview of the patent application process so you can begin to get your ducks in a row. Can You Patent a Recipe? The short answer is yes – but it must be unique! (55) You have created an amazing recipe for a food item that people rave about. If the invention exists in the prior art you cannot obtain a patent. You can file either a regular patent application (RPA) or a provisional patent application (PPA).