Can I patent a recipe?

I have a good recipe that I want to publish, but I want to get a patent on it. How would I go about doing this?
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Answered By: Intellectual Property Center, LLC
You can obtain a patent on a useful machine, device, apparatus, method and a composition of matter. A recipe may fall under those areas, but without additional information I can't confirm. However, most often people seek trade secret protection for recipes, where the utility aspect may not be novel, but the specific ingredients are important to protect from disclosure. I would suggest contacting an attorney to discuss patents and trade secrets. Good Luck.

Answer Applies to: Kansas
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mark S. Hubert PC
No - you cannot patent a recipe.

Answer Applies to: Oregon
Replied: 8/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: DANIEL NESBITT
Recipes are patentable. The final composition of food components, the final structure, and methods or process for making are patentable if new and non-obvious. Write out the recipe in clear steps, search for similar recipes on the internet and patent websites, and work wiith a patent attorney.

Answer Applies to: Ohio
Replied: 8/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Barton Barton & Plotkin
Maybe. But from economic perspective this makes no sense.

Answer Applies to: New York
Replied: 8/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Rhema Law Group
Unfortunately, you cannot patent a recipe

Answer Applies to: California
Replied: 8/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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