Foods and recipes can be patented under Patent Class 426. This rule applies to foods and edible items. Food is considered a composition of matter under the law, making it one of the patentable categories. An innovator can come up with a novel composition that uniquely changes the structure. To put it another way, a chef may demonstrate originality by creating a recipe that no one has ever tried.
The criteria for patents
1. It must not be self-evident to
a non-specialist in the field:
This indicates that a typical
chef would need assistance making the same meal or recipe using the same
materials. 35 U.S.C. 103 contains the standards for fulfilling the non-obvious
criteria. The Supreme Court's 1966 decision in Graham v. John Deere is the
applicable court case that puts this statute to the test.
2. It needs to be unique:
Proving newness is one of the
most crucial prerequisites for an invention. The patent application procedure
has a common-sense component to it. Any invention that has already been made is
ineligible for a patent. The same is true of meals and recipes. The new
creation must have distinctive characteristics that indicate it is unique. This
isn't easy to demonstrate in the realm of food. Many of the ingredients and
cooking processes used in the world's finest pizza are likely found in other
pizzas. The patent applicant must describe what distinguishes the new, more
delicious pizza from all others that have come before it.
3. It must be useful:
An invention must be worthwhile.
In the perspective of the USPTO, an innovation that serves no function is
worthless. For a food patent claim, this isn't a tough matter to show. Any food
that people may safely consume has a specific value. Although certain recipes
will be more valuable than others, the basic rule is that all new foods and
dishes must meet the utility criteria.
4. Complete transparency is
essential:
For culinary inventions, an extra
step is to demonstrate how to produce the product. The technique must be
explained in full by the inventor. This explanation must teach others in such a
way that anybody may replicate it without "undue experimentation."
What Kinds of Foods Have Food Patents?
Food patents are also used in the
following ways:
1. Changing the shape of a meal:
In some cases, the physical appearance of food might win a patent.
2. Creating combinations: A taste
combination is something that a person can patent in specific circumstances.
Patent US3117871, for example, was granted for the storing of peanut butter and
jelly in the same container.
3. Enhancing flavour: This sort
of innovation is critical. It is, however, difficult to demonstrate. Taste and
taste are not universally agreed up on.
4. Improving textures: Depending
on the components, certain batters and doughs cook differently. A food patent
can be obtained for any technique that exchanges components to make the meal
tastier, easier to produce, or with a superior texture.
5. Increasing shelf life:
Extending a product's storage duration to keep it fresher for longer is a significant
breakthrough.
6. Making things healthier: This
includes lowering a food's calorie count or making something vegan.
7. Making meals easier to
prepare: allowing anything to be cooked in a microwave or any other invention
that speeds up the cooking process.
What Are the Steps to Obtaining a Food Patent?
To file for a food patent, you must first complete the following steps:
- Confirm that you fulfil all of the patent criteria, giving special attention to novelty.
- It would help if you had a "new and non-obvious" culinary invention.
- Lookup existing patents in the patent database
- Complete form PTO/SB/05
- Explicitly describe your invention
- Include any relevant drawings in the application. Complete a declaration form
- Submit form PTO/SB/17 together with the application fee
- Submit an official request for a food patent
