Is it possible to Patent Food?

[bothamspy]

What is the name of your state (only U.S. law)? California

I have developed a unique type of Pizza to sell in my shop.

Is it possible to Patent the pizza (or other form of protection) to stop others from copying it?

Thanks to all!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[divgradcurl]

Originally Posted by bothamspy

I have developed a unique type of Pizza to sell in my shop.

Is it possible to Patent the pizza (or other form of protection) to stop others from copying it?

In principle, yes. In practice, almost certainly not. Recipes are, in principle, patentable, but they basically always have an obviousness problem -- mainly that anyone who put together that particular arrangement of ingredients would expect it to taste the way it does.

About all you can do is try and keep the recipe secret.

[quincy]

To expand a bit on divgradcurl's post:

You can get a patent on any new, useful and unobvious invention, including a food product. With a patent, you get the exclusive rights to make, use, sell, offer for sale and/or import your invention. Most "inventors" make money by selling their patent or licensing the rights.

The patents that are generally granted are for new or unique food processing techniques (ie. freeze-drying).

For recipes, as divgradcurl said, your best bet is just to keep the recipe secret. Coke and Kentucky Fried Chicken recipes are protected as "trade secrets," for instance, but they are not patented.

[bothamspy]

Thank you for all your assitance.

Just to expand a bit on my question:

It is not a new recipe it is a new style of pizza e.g. like Pizza Hut's "stuffed cheese crust" pizza, but of course not the same.

Does that make a difference?

Thanks Again

[quincy]

Divgradcurl is a patent attorney, so he will post later (hopefully) to expand on my answer, but basically, yes, having it be a style of pizza instead of a recipe for pizza can make a difference in its patentability.

As an example: Hot Pockets is a trademarked brand and it's "sector-shaped enclosed" dough is patented.

You would probably be wise to consult with a patent attorney on your idea and, again, wait for divgradcurl to post.