Can I Patent a Recipe or Edible Material?

Yes, you can patent a recipe or edible material, but only if it meets certain requirements. If your food or recipe meets all of the following requirements, it is eligible for a patent per the USPTO (US Patent and Trademark Office):

  1. The recipe or food has to be new

  2. It has to be non-obvious, i.e. recipes that feature small tweaks would be considered obvious and not patentable. Your recipe or food must be completely unique

There are 3 classifications of food and edible material per the USPTO.

  1. A21 for doughs or baking

  2. A22 for processing or handling meat, poultry or fish

  3. A23 for all other foods

And, what about alcoholic beverages?

  • Those are all found under C12.

For more information, check out the following blog posts: 


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