Can you patent a recipe idea (eg. Absolut Citron)

[nym9]

NY

Is it possible to patent a recipe idea, specifically mixing two drinks together into one product.

Examples are vodka + orange = Absolut Citron

or

beer + tequila + lime = Tequiza

Are these end-products patented so that no one else can bottle similar ingredients?

 

[divgradcurl]

NY

Is it possible to patent a recipe idea, specifically mixing two drinks together into one product.

Examples are vodka + orange = Absolut Citron

or

beer + tequila + lime = Tequiza

Are these end-products patented so that no one else can bottle similar ingredients?

In principle, a "recipe" is patentable subject matter, and, if the recipe meets all of the requirements for patentability, a patent can be granted.

HOWEVER -- for all practical purposes, recipes are not patentable, because they fail to meet the requirement that an invention be "nonobvious." The problem with a recipe like you describe is that if you wanted something that tasted like beer and tequila and lime mixed together, it would be "obvious" to simply mix beeer with tequila and lime -- obvious combinations are not patentable.

The general rule is, for a combination of things to be patentable, is that the combination must have some "unexpected" result. So, if your beer + lime + tequila combination cured cancer or something, that would be unexpected, and then it could potentially be patented -- but only for the purpose of curing cancer. You still couldn't patent the drink, and keep others from making the drink.

The only way to really protect recipes is to keep them secret -- and that only works if you actually keeop them secret, and doesn't keep someone else from reverse-engineering your drink or developing the drink on their own.

 

[nym9]

Excellent explanation, thank you!

 

[LetterX]

I'm digging up this old thread because I'm confused about the reply. According to Wikipedia (not always the most accurate of references, I know) the alcoholic beverage Southern Comfort is patented.

http://en.wikipedia.org/wiki/Southern_Comfort

How can that be if recipes aren't technically patentable?

 

[Some Random Guy]

The procedures for patents in 1889 are slightly different that in 2009, due to changes in laws and legal precedents from court cases filed in the last 120 years.

 

[LetterX]

That clarifies it, thanks. One more question - Is a recipe that was patented back then still valid and enforceable today?

 

[Some Random Guy]

No, the original patent expired about 100 years ago.

Some aspects of their current manufacturing process may be covered by trade secret. They also have tradmark protection for their name and logo.

Here are some reputed SoCo knockoffs. Don't know if any claim to use the original recipe.

Southern Belle
Deep South
Southern Host

 

[FlyingRon]

Patents expire, trademarks however live forever. The term Southern Comfort exists today as a trademark for the beverage as well as some ancillary things like hats and t-shirts.

 

[ipatty]

Copyright vs. patent

Whether the recipe is novel and nonobvious may be a hurdle in obtaining patent protection. Instead, you may want to look into registering a copyright in the recipe. Copyright protection is available for the recipe directions, but not to the mere listing of ingredients. Copyright exists as soon as you write down the recipe on paper. However, in order to enforce the copyright (i.e., sue in federal court for copyright infringement), you must have the copyright registered with the US Copyright Office.

(Another thing to keep in mind about patent protection is that in the US, you have a maximum of one-year from public disclosure or public use, etc., to file for a patent application. In many other parts of the world, there is no such grace period and any disclosure may destroy your ability to file for a patent application abroad.)

 

[FlyingRon]

. Copyright protection is available for the recipe directions, but not to the mere listing of ingredients.

Even the directions for cooking are not in themselves protectable. You'd need to wrap it some sort of creative material.

 

[ipatty]

Clarification.

Copyright, as you know, extends to any original written or recorded expression, but not the underlying fact or idea. Copyright protection, then, would extend to recipe instructions to the extent that such phrasing is original (and not merely lifted from elsewhere). Also, copyright extends to any tangible medium of expression and so the form whether in print or electronic would not matter. See 17 USC 101 and 102(a).