There are five requirements that must be met to obtain a patent: patentable subject matter, utility, novelty, nonobviousness and enablement.
Yes, You Can Patent Food Products! Companies in the food and beverage industry might overlook significant advantages by not patenting their innovations. While there's a common belief that “recipes” cannot be patented, unique formulations and other aspects of food and beverage products often can be.
In the United States, there are three types of patents, all governed by the U.S. Patent and Trademark Office (USPTO): utility, design, and plant. Chemical patents can protect chemical compounds, compositions of matter, methods of making the chemical compound or composition, and methods of use.