Designating Something As A Trade Secret
Trade secrets are much more commonly understood. Officially, a trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known by the public and gives your company an economic advantage over competitors or customers. By making your IP a trade secret, your business gains protection as long as the information remains confidential and continues to function as a trade secret.
Work With An Attorney To File Your Paperwork
Filing patent paperwork can feel like an overwhelming task. However, there are many patent lawyers who specialize in filling out all of the required paperwork required by the USPTO. Although youre allowed to complete and submit that paperwork on your own, the USPTO recommends that you hire an attorney to manage the paperwork and make certain that you submit all the materials required. These papers are submitted to the patent office electronically regardless of whether you file them or have a patent attorney do it for you. The patent application itself should be filed either via regular mail or online .
Is Your Recipe Novel
What does novel mean? In its most simplistic terms, it basically refers to something which has not existed in the past. However, that term can be misleading when trying to patent a recipe. In fact, its complicated to determine whether combining certain ingredients into a recipe has or has not been done previously.
The best way to determine whether your recipe is novel is to search the United States Patent & Trademark Office database to check if your recipe may have already been patented by someone else. You can also perform internet searches and look through cookbooks to see if there are any similarities to your dish.
Sadly, if you find your exact recipe in either of those places, you may be not be eligible for a patent as someone else may have already patented the recipe first. Since it is published already, the recipe is considered to be disclosed. However, if you do not find your exact recipe in either of those places, you should determine whether yours may meet other qualifications.
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With The Invention Protected We Turn To Making Money
Protecting your invention was necessary in order to make money from it. But the mere fact that you have protected the invention most certainly does not mean that you will make money from it. There is much more to be done.
There are two things to remember:
Are You Looking For An Advertising Boom
One important reason to obtain a patent is for advertising purposes. Once a patent is applied for you can immediately use the coveted term patent pending in your advertising. If a patent issues you can also advertise try my patented X, where represents whatever it is that you patented. The public at large knows very little about patent law, but most recognize that to get a patent means something special . If you are looking for this kind of reward from the fruits of your patent labors, then trying for a recipe patent could be well worth your time and money, particularly if you are a restaurant owner. Even if you dont necessarily think you have a good chance to ultimately get a patent filing that patent application so you can say: try our patent pending world famous Maragritas!
Gene Quinn is a patent attorney and a leading commentator on patent law and innovation policy. Mr. Quinn has twice been named one of the top 50 most influential people in IP by Managing IP Magazine, in both 2014 and 2019. From 2017-2020, Mr. Quinn has also been recognized by IAM Magazine as one of the top 300 IP strategists in the world, and in 2021 he was recognized by IAM in their inaugural Strategy 300 Global Leaders list.
Mr. Quinn is admitted to practice law in New Hampshire, is a Registered Patent Attorney licensed to practice before the United States Patent Office and is also admitted to practice before the United States Court of Appeals for the Federal Circuit.
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Can You Copyright A Dish
Section 3 of the Patent Act states that mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance cannot be protected as an invention. However, there are a number of patents granted food compositions and methods/process of preparation but not food recipes per se.
What you can patent You can use a patent to protect your invention. It gives you the right to take legal action against anyone who makes, uses, sells or imports it without your permission.
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However, the requirements of novelty and the inventive step will more readily apply to new chemical compounds or processes used in a recipe or a Heston Blumenthal-type creation if you are simply putting together known ingredients with no new and inventive technical step the recipe will not be patentable.
If your recipe is delectable butter tarts, it may not be patentable as there may be several such versions available in the market. To qualify for a patent registration, your recipe must be new and unheard of. Unless you found or invented a new food, the novelty aspect could be difficult to show.
Registering For A Copyright
Chances are youve already heard of this one but arent exactly sure how it protects your IP. A copyright gives the creator of original work exclusive rights to it, such as the right to use, display, copy, distribute, modify, sub-license, etc. This is usually the case for a specific period of time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “works”. It’s important to note that you cannot copyright ideas and information themselves, only the form or way they are expressed. You do not need to register a work in order to have copyright, but you must register the copyright if you want to sue another party for infringement.
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Invent Something Make Sure It Is Worthwhile
First, you need an invention.
Second, you need to make sure that is a valuable invention.
A lot of inventors make the mistake of assuming that every invention is valuable. That is not true. However, it is often very difficult to tell at the beginning whether it will or will not be valuable. Therefore, it is important to careful attention as you learn more about the prospects for the invention, and ultimately to separate the valuable from the less valuable. You must resist the temptation to invest your life savings in something that only a few people want, and even fewer will actually pay for just because it was your invention. If any invention will not be profitable, then you should stop pursuing it and invest your time and money in coming up with a new invention.
A word of advice: the most valuable inventions are not necessarily the sexiest or most high profile. The most valuable inventions are often solve existing problems for existing businesses.
While it is always nice to invent something that is fun or cool the most valuable inventions often save people time or money or both. We are particularly keen on inventions that improve well-established commercial or industrial tools, systems, and processes. If people are already paying good money for something, they will pay handsomely for something that is better, faster, or cheaper. New is nice, but better and cheaper is worth money.
Pros & Cons Of Patents
Perhaps the most deterring factor for people interested in patenting a recipe is that you need to have considerable resources available to uphold and defend your patent from infringement typically, only large companies have the ability to do this. So, unless you’re a chain amongst the size of McDonalds, you should probably consider other alternatives
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Wearing The Invisibility Cloak
Does your business rely on some real technical innovation, and that magic is not glaringly obvious for your users? If it is not likely that competitors will come up with the same idea, your best bet is to keep your secret sauce secret.
What you cant see you cant steal. A trade secret that is not easy to copy. When Dr. John Pemberton invented Coca-Cola in 1886, the formula was kept a close secret, only shared with a small group and not written down. Today, the secret recipe is locked away in a vault. That is on display in the Coca-Cola museum in Atlanta to further enhance the magic. Secrecy served them well.
Intels secret sauceIntel notoriously keeps the inner workings of their processors a closely guarded secret. Its hard for developers to predict performance of software running on an Intel processor when its not exactly clear how branch prediction or pipelining is done. Crypto solutions rely on Intel SGX to run code in a secure environment. SGX is complex, and unlikely to be bug-free. As Intel does not publish how SGX works under the hood, you cant actually guarantee the secure enclave is really trustworthy.
To protect your secrets you sign a Non-Disclosure Agreement with partners and clients. An NDA often has a limited time span, typically no longer than three to five years. Right about the time that your business is scaling up and competition is waking up. Watch out.
Bottom line: be careful with NDAs if you dont want to spill the beans.
The Growing Hot Sauce Business
The hot sauce world has come a long way since 1990, when Chile Pepper magazine was the primary source of information. There are still niche markets the macho group that plays upon a cowboy theme of taking the pain or the pornographic labels but overall the hot sauce market has passed from an eccentric fad to a mainstream product because of Americas increased desire for local, healthy, tasty, interesting food, not to mention the fact that Hispanic and Latino Americans have accounted for more than half of the U.S. population growth in the last decade. Twenty years ago youd find Mexican restaurants in cities and, if you were lucky, college towns. Today youll find Mexican restaurants in most small towns, and often Vietnamese and Indian restaurants as well.
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Heavenly Homemakers Encouraging Women In Homemaking Healthy Eating And Parenting
How to make your own cane’s sauce. The honey is one of the main ingreients that will help your sauce stick to your wings. Here is how to make a very similar raising cane’s sauce for all your fried chicken needs. You want to limit the amount of exposure to air that the oxygen absorbers get, so its important to move quickly on this step.
Of hot sauce and mix it. Mix cornstarch and 1/4 cold water together in a cup Cook for 3 to 4 minutes.
Add onions and saute until soft, about 5 minutes. Put one oxygen absorber into each bag of food and then use your household iron or a hair straightener (set to a. And while the meat is soaking, keep it in the refrigerator.
1/2 cup mayonnaise 1/4 cup ketchup 1/2 teaspoon of g. Cook and stir sauce until thickened, 5 to 7 minutes. Heat the olive oil in a medium size pot over medium heat.
Once these the sauce and honey are evenly spread among the wings, add the remaining 8 oz. Or that’s what home cooks can shoot for when. If you want to speed the process of marinating beef, pork or lamb , bring them to room temperature, coat them with the marinade, and then.
I hope that makes sense and feel free to reach out to me again if you are still stuck. Add garlic and saute another minute. Create your own signature sauce, tweaking the flavor profile to your personal preference.
Chicken Finger Sauce Perfect Copycat Of Guthries Zaxbys And Raising Canes Sauce Seriously Delicious Mayon Recipes Dipping Sauces Recipes Sauce Recipes
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Tips To Protect Your Ip
Reported by USA Today, According to the 2017 report of the Commission on the Theft of American Intellectual Property, the annual cost to the United States economy of IP theft alone could be as high as $600 billion.
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Hire A Patent Attorney To Patent Your Recipe
If you have a recipe thats new, qualifies for a patent, and you know you can commercialize, you should hire a patent attorney to protect your recipe with a patent. Preparing and filing a patent application is not an easy task, especially if you dont have experience preparing patent applications.
That said, its unheard of to hear about an inventor who has prepared, filed, and patented his own invention, its not an easy task. Making even seemingly minor mistakes could get your patent application rejected, requiring you to spend time and money fixing the mistake.
The USPTO even allows inventors to prepare and file their patent application on their own, they will even assist you with it. However, they do recommend that you hire a patent attorney or patent agent to assist you in preparing, filing, and communicating with the patent office.
If you dont have the money to hire a patent attorney, you can hire a patent agent. Patent agents are qualified and licensed to prepare, file, and communicate on your behalf with the patent office. For more information on patent agents, click here. They could save you a ton of money while getting your recipe the same type of patent protection an attorney would.
Home Made Sauce Comprising Of Other Sauces
I have made a sauce using my own chillies and spices sugar etc but there is 3 types of sauce by different companies in the recipe of the sauce. Can I patent my sauce or am I not allowed to use someone else’s sauce as part of the make up of my own?
Yes, you could, in principle, patent your sauce.
A food product can be patented. In this case, food is not really any different from any other product. The food product simply needs to meet the requirements of novelty and non-obviousness. It is irrelevant whether the ingredients in the sauce are themselves patented.
However, it is still quite possible to patent a food product, as long as it is something more than an obvious combination of ingredients.
For example, it is now well known that adding a lot of sugar to a product tends to inhibit bacterial growth. However, assuming this was not well known, and that you had just discovered this , this would be novel and non-obvious, and therefore patentable. This goes much further than a simple recipe where you are just combining sugar and fruit , which results in an obvious combination . There is instead a surprising result in the end .
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The Steps To Bottling And Selling Your Own Bbq Sauce
If you have a barbecue sauce recipe you love, how do you actually get it bottled and sold?
Go Behind the Smoke with Shawn Walchef as he digs into what it takes to create and bottle your own barbecue sauce.
Our Cali BBQ Media video captures a conversation between Cali BBQ culinary director Gene Goycochea and Steve Miller, owner of Miller & Son BBQ Sauce Brewing Co., about bottling and selling BBQ sauce.
Steve Miller brews his craft BBQ sauce from the Rock Creek Lakes Resort. After starting small and learning the ropes, his small-batch sauce and spice rub company now has products in more than 30 shops.
Selling BBQ sauce is never easy. In fact, its notoriously difficult.
Watch the Cali BBQ Media video to learn about how Steve Miller and Cali BBQ had to work hard to get their brands sauces bottled.
Making our Cali Comfort BBQ sauces was a pain in the ass. Theres nothing easy about bottling BBQ sauce for sale.
There are a few basic steps to first consider when attempting to make and bottle your own barbecue sauce.
Step 1: The Recipe
You should first make a BBQ sauce that will knock peoples socks off.
Make sure youre proud of your recipe before you rush to bottle it. Chances are if youve made it this far, youve already mastered this step!
Step 2: The Bottle
Steve Miller bottles his small-batch BBQ sauce with his own hands.
Then he has custom-made labels that he attaches to the bottles.
As we say at Cali BBQ Media: Remember your ABBs. ABB stands for Always Be Branding.