San Mateo, CA asked in Patents (Intellectual Property) for California

Q: Am I allowed to patent an ingredient in a recipe my bakery business manufactured?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: The ingredient itself, as opposed to the recipe? Yes, you should be able to, provided, of course, that it is new. If you, for example, came up with a new type of a shortening, or new crystalline form of some sugar, etc. then it should be patentable.

You are facing two hurdles, though. You have to make sure that the ingredient is really new.

If, for example, it is some composition that nobody used in cooking before, but it was already known, then you won't be able to get a patent on it (though you may patent its use in baking). The other problem you need to make sure that it is not a natural product, that you simply discovered; you need to make an invention and not a discovery.

Good luck.

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