The short answer is yes, you can patent a prescription in the United States by filing a utility patent application with the USPTO. However, you must meet the requirements set by the patent office to be able to patent your incredible recipe. In fact, recipes are a patentable subject and can be protected either by defining a “new and useful process” or as a “composition of matter”. For example, the resulting secret sauce is a composition of matter, while the steps to make the secret sauce are a process.
Both can be protected (that is, it is absolutely possible to obtain a patent for a recipe or a food). In addition, new manufacturing or processing methods, innovative packaging, and even food-related software applications are also viable and valuable options. Patent class 426 allows patenting foods and recipes. The language of this rule covers food and edible materials.
The law considers food as a composition of matter, which is one of the categories eligible for patents. In short, most food recipes cannot be patented. A unique set of ingredients and processes must be created, and the final product must surprise and be worth patenting. With so many variations of similar foods spread around the world, developing a recipe that is both tasty and patent-worthy is a challenge for all time.
It's also a cautionary tale about how limited your claims are likely to have to make to obtain a patent on a recipe or a food. Patenting a recipe makes sense in theory, because a patent protects a unique product and allows the inventor to license and control that recipe. The best way to determine if your prescription is new is to search the U.S. Patent Office %26 (USPTO) database to see if your prescription has already been patented by someone else.
I have been making a special recipe for more than 30 years and I don't give it because I had to “earn it”. I offer these examples because I want to try to make as clear as possible the fact that recipes or foods will need more than just a resulting “special sauce” to obtain a patent. Basically, anyone who is not a cook is not allowed to access the recipe itself, and the cook must promise not to tell anyone the recipe. Unfortunately, if you find your exact recipe (all ingredients are already listed) in any of those places, you may not be able to apply for a patent, since someone else may have already patented it first.
Recipes can be novel, but it often stretches the imagination to think that a particular recipe has never been contemplated, described, used, or sold by anyone anywhere. The threshold of originality and creativity for food compositions and recipes to be patentable seems to be set particularly high. This description includes recipes, certain types of food packaging, food processing, and any other type of “products or compositions” that otherwise meet the requirements of a utility patent, which are described in more detail below. Novelty and obvious requirements tend to represent the biggest obstacle for those seeking to patent a recipe or food product.
Recipes simply describe ingredients and processes, so what the public recipe is not considered a novel and inventive art production, but simply a list of steps. In addition, prescription patents go far beyond food products and include products such as cell culture media and pharmaceutical formulations. The key to obtaining a utility patent for food and food-related innovations is that the process, method or recipe you propose must be novel and not obvious. Food innovations that solve known problems or provide benefits, such as improving flavor, improving texture, increasing shelf life and making foods “healthier” (i.