Can you patent a recipe? Yes, no and maybe
In a series of blog posts, Marco Coolen gives an insight into his work as a Dutch and European patent attorney at AOMB.
Published on December 8, 2024
A tomato-plum jam turned out to be patentable.
After having graduated from his study at the TU/e Eindhoven in 1998, Marco entered into service at Philips. In 2003, he successfully finished his MBA, after which he filled different technical and commercial management positions at Philips and Océ. Since September 2013, he has been working at AOMB as a patent attorney. He is registered as a Dutch and European Patent attorney since 2017. On IO+, he shares his knowledge on the world of patents. How do they work, why are they important, but also: when do they lose their usefulness?
Can you patent your secret recipe? I regularly get this question from entrepreneurs in the food industry. The short answer is yes, but it is often difficult in practice.
Applying for a patent for a dish or recipe sounds appealing. The idea that your unique creation is legally protected gives a sense of security. There are even legendary examples, such as a Dutch patent on a tomato-plum jam. The Dutch Patent Office ruled that the surprisingly fresh taste of the jam had a technical effect and was, therefore, patentable. This immediately raises the question: can you patent a pizza with pineapple - a variation on the often maligned Pizza Hawaii - and an unexpectedly delicious taste? Theoretically, perhaps, but in practice, you quickly run into the harsh requirements of patent law.
Novelty and inventiveness
Patents are designed to protect technical innovations. To qualify for a patent, an invention must be new and inventive. And therein often lies the problem with recipes. The secret to a successful dish usually lies not in a specific technical measure but in a combination of flavors or ingredients, making it difficult to meet patenting requirements.
Moreover, many dishes are all about the taste experience, which is subjective. What you experience as “surprisingly delicious” may be less impressive to someone else. This subjectivity makes it almost impossible to define a dish as a technical innovation objectively.
The World of Patents
With the help of Dutch and European patent attorney Marco Coolen (AOMB), we better understand the world of patents. How do they work, why are they important, and when do they lose their usefulness?
View The World of Patents SeriesTrade secrets as an alternative
Because recipes rarely meet patent requirements, treating them as trade secrets may be smarter. Consider iconic examples such as Coca-Cola's secret recipe or KFC's famous seasoning mix. These companies have not patented their recipes but carefully kept them hidden. This provides different protection: as long as no one discovers the recipe, it remains unique and exclusive.
A big advantage of trade secrets is that they have no time limit. A patent expires after a maximum of 20 years, while a well-kept trade secret can theoretically last forever. The downside? You have to be careful about confidentiality. This means you must make strict agreements with everyone who has access to the recipe, from employees to suppliers.
When can it be done?
While recipes are usually not eligible for a patent, innovative processes or food preparation machinery can be. For example, if you develop a new technique for combining ingredients or build a unique machine to produce dishes more efficiently, you may be able to patent it. This provides strong protection and can give your company a competitive advantage.
My advice? Keep your culinary recipe secret and patent your innovative food preparation techniques. This strategy combines the benefits of secrecy with the legal protection of patents, protecting your creations and growing your culinary business.
So the next time you consider protecting your secret recipe, consider carefully which route best suits your situation. Secrecy and patents need not be mutually exclusive - together, they make a rock-solid combination.