Patent on a food idea that I have,Is it legal to do this?

I have a idea for a new food product and I was wanting to know if a person can patent their food product or idea? I know it's not out there yet and its so simple and good that if it was, it would have been done already. I would also like to know who I talk to, to get started and if there are companies that pay for your food ideas? Can't tell you what the idea is of course, but it's going to be huge and people will eat this like pie and ice cream.

Neil C

Recipes are often better protected using trade secret, which is to say, you keep the recipe confidential. As this is difficult, you would have to ensure that you continue to maintain confidentiality agreements with suppliers, manufacturers, employees, etc. to avoid losing the trade secret status.

You can, alternatively, file for a patent for the composition, but as a patent has a finite life (20 years from the date of filing) you have to resolve whether the limited monopoly you get is worth having to divulge the recipe to the public.

Judy

You can patent a food product, but not an idea. See http://www.uspto.gov/ for the US Patent office website

Kells1234

Technically, you can get a patent. But, it is extremely expensive/arduous to get a patent for anything, and the majority of patent applications are denied by the government.

To receive a patent for an invention/process/recipe, your idea has to be original. You said the idea for your food product is "simple" and that it could have been done already - so, chances are, your application would be denied.

That doesn't mean you can't sell your product or the recipe itself. It just means it won't be patented.

Coca-cola never got a patent for their original soda recipe, and look where they are now! Patents expire in about 20 years anyway and when they do, the patent application (including details of how to recreate your invention/process/recipe) become public information. So, if your product became a big hit, once your patent expired, a competitor company would be allowed to copy your exact product and sell it. By not getting a patent for your product, your recipe will remain a secret for as long as you keep it one. Competitors can TRY to duplicate your original recipe, but without the information they would get in an expired patent, they might never get it exactly as you have it. That's why Pepsi is really, really similar to Coke, but not the exact same recipe.

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