Can you patent a recipe? (The answer lies in the technology)
In a series of blog posts, Marco Coolen offers a glimpse into his work as a Dutch and European patent attorney at AOMB.
Published on April 12, 2026
Marco, a patent attorney at AOMB since 2013, shares his expertise on IO+ about patents—how they work, why they matter, and when they lose their value.
How do you protect a secret recipe?
Twenty years of exclusivity sounds appealing, especially if your product tastes so good that competitors will want to copy it immediately. In that case, a patent might seem like the perfect solution.
But the answer to whether you can patent a recipe is, frankly, a bit unsatisfying: sometimes yes, usually no. And that difference has nothing to do with taste. It’s all about technology.
Marco Coolen, photo © Bart van Overbeeke
When a recipe can be patented
At one point in the Netherlands, a patent was granted for a remarkable combination: tomato-plum jam. At first glance, that sounds more like culinary creativity. But the examiners identified a technical effect. The combination of ingredients produced a specific structure and balance of flavors that demonstrably worked differently from existing recipes.
And that technical effect made it patentable.
So, in theory, you could even patent a banana pizza—provided you can prove that the combination produces a surprising technical effect. But let’s be honest: cases like that are rare.
Why most recipes fail
Most recipes run into trouble with two core patent criteria: novelty and inventiveness. A dish usually doesn’t result from a single specific technical intervention. It evolves through experience, timing, intuition: tasting, adjusting, and trying again.
That’s culinary craftsmanship, but legally it’s often hard to define. Without a clear technical mechanism, there’s little for a patent to hold onto.
The strategy of silence
That’s why many companies choose a different route: secrecy. Don’t publish. Don’t explain. Don’t register. Just keep it secret.
The most famous examples are well known: Coca-Cola’s recipe, KFC’s spice blend. No patent, no public document, no technical description, and therefore no insight for competitors.
Because a patent has one major drawback: you have to explain exactly how something works. And after a maximum of twenty years, anyone is free to use it.
Where patents do work well
That doesn’t mean food innovation can’t be protected—quite the opposite. Patents work very well for:
- new production methods
- innovative cooking techniques
- specialized processing methods
- more efficient production lines
- machines for food preparation
That’s where the technical core lies: not in the dish itself, but in how it is made.
The smart combination
The best strategy is often a combination. Keep the recipe secret, but protect the process. That way, the taste remains your secret, while the technology is firmly secured by a patent.
And that’s the real lesson: protection isn’t always about what you make, but about how you make it. Those who understand that distinction can turn even a simple recipe into a strategic advantage.
The World of Patents
Marco Coolen offers us his weekly insights into the world of patents and IP.