In theory, yes, because
a recipe is a composition of matter (new drugs are patented all of the time),
but your patent application will
probably be rejected by any Patent Office in any country around the world as
your recipe is probably an “obvious” variation of some similar recipe that
everyone else was already using. If you try to patent your recipe as a new
method of cooking, you run into the same problem that your recipe could be
considered an obvious variation of other cooking methods that other people have
been using for years. Minor improvements to a preexisting method or composition
are hard to patent, as trivial improvements are usually regarded to be obvious
variations of an old device, and are not patentable.
Not to mention the fact
that you have apparently been selling your secret stuff for years, and public
use or sale of a new product puts it into the public domain, and no one can
patent it, ever, if it is already publically known (in the US, you get a 12
month grace period, but if you have been selling your secret sauce to the
public for “years”, that sounds like you are past the 12 month deadline by
possibly several years).
i would agree with the
guy who said that you would be better off trying to keep your recipe a trade
secret. Obtaining a patent is time consuming and expensive, and there is no
guarantee that you will actually get a patent when it is all said and done.
Simply keeping a trade secret, by contrast, is as cheap and as easy as keeping
your mouth shut.
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Lawyers IP Practice or contact our Intellectual Property Lawyers in
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