As a restaurant owner can you protect your recepes?

Asked over 2 years ago - Johnston City, IL

i own a restaurant and would like to know if there's a way to protect your recepes from employees when they quit and go work for someone else and give out your secrets

Attorney answers (5)

  1. Bruce E. Burdick

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . Yes, there are ways. More than my colleagues have revealed.
    1. Employment agreements with strong secrecy obligations
    2. Strong steps to maintain the recipes confidential and not publicly disclosing them
    3. Promptly confronting any employees who jump ship to a competitor and suing them for misappropriation of trade secrets should they steal your recipes,
    4. Branding the resulting dishes with special trademarks,
    5. Patent the recipe, if it is really unique and not obvious
    While not a complete list, the following is intended to demonstrate the wide range of types of recipes that have earned U.S. patent protection:

    Reduced calorie: A surge of these appeared in the 1980s and continue with many hundreds of recipes for things like fat replacements (5,466,479) and sugarless bakery goods (5,804,242)
    Microwavable: Sponge cake that can rise when microwaved (6,410,074)
    Texture: Ingredient replacing egg whites to reduce toughness of batter coatings (6,288,179)
    Moisture protection: Preventing a cream filling from making its outer bread layer soggy (5,145,699);
    Shelf life: Single-dough cookies that store well (4,344,969)
    Smoothness: Cooking process that improves mayonnaise (6,579,558)
    Flavoring: Additive that improves chocolate flavor in baked goods (3,733,209)
    Shaping: Controlling cookie geometry (5,374,440)
    Convenience: Toaster cookies (6,093,437); ready-to-bake dough (5,560,946)
    Appearance: Confections that swim in a carbonated beverage (6,319,535)
    Special diets: Diabetic nutritionals (6,248,375)
    Combinations: Storing peanut butter and jelly in the same container (3,117,871)http://www.ipwatchdog.com/2012/02/10/the-law-of... or http://store.inventorprise.com/content_articles...
    but recognize that is expensive - figure about $10,000 - so that better be one hell of recipe to do that. See patent class 426 for more.

    As to how trademark and patent for recipes differ, see http://smallbusiness.chron.com/recipe-patent-vs...

    Most importantly, see an Intellectual Property Lawyer - specifically, one who deals in patents as well as copyrights and trademarks so you get a full range of options.

    So far, this is free to you. Until you pay a fee, I am not your lawyer and you are not my client, so you take any... more
  2. Pamela Koslyn

    Contributor Level 20

    9

    Lawyers agree

    Answered . Recipes are rarely copyrightable as lists of ingredients. That's why there are so many available on the internet, unprotected and unprotectible. If they're written in haiku, or accompanied by art, then they might be copyrightable as expressive creative works. But not otherwise.

    Sometimes formulas, like for example, Coke's famously "secret" recipe for its soda drink, can be protected as trade secrets. For something to be a trade secret, a company has to show that they took steps to keep the secrets secret. That means written employment agreements, locking information up with passwords of they're computerized or by lock and key if they're on paper, etc. etc. If your restaurant didn't take thoe kinds of steps to identify and restrict the flow of the information you want to protect, you'd very likely lose any court proceeding.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  3. Oscar Michelen

    Contributor Level 16

    8

    Lawyers agree

    Answered . As usual, Ms. Koslyn's answer is directly on point so the best thing you can do is create an employee manual that delineates your signature dishes' recipes as trade secrets, (in all lanaguages that your employees consider their primary language) and have the employees sign and acknowledge that. That may go a long way to protecting you from an employee who leaves now though it will not help against those who have already left. As the head of my firm's Restaurant Trade Group, I and my firm have helped many restaurants develop a manual that fits them and which protects them from all sorts of other issues. Please feel free to email me at omichelen@cuomollc.com if you are interested.

    The answers given are informational only and do not constitute legal advice. Please feel free to contact me if... more
  4. Mario Sergio Golab

    Contributor Level 17

    6

    Lawyers agree

    Answered . Yes you may protect the recipes through trade secret law. The trick here is that most likely the infringer, like a cook that knows the recipe, will not be able to indemnify you but the restaurant/employer may.
    Implementing a trade secret is not a one time deal, it requires many steps, such as having the employee sign an agreement, before work commences and before it comes in contact with the recipe, and also keeping separate the processes of making the recipe from the ingredients. Also the access to the kitchen where the recipe is prepared must be controlled access to those with a need to know. If it is open door, then there is no secret, as you cannot pretend for other to guard a secret more than you. The are other restrictions which must be continuously implemented to prevent the secret from going public.
    For all the above reasons, recipes enjoy very little or no protection, but if you are determined to keep it secret, then this is the way to go.
    An additional protection, is trademarks. It does not protect the recipe, but it provides a commercial identity and an added value.

    USPTO Registered Patent Attorney, Master of Intellectual Property law, MBA I am neither your attorney, nor my... more
  5. Michael Alan Shimokaji

    Contributor Level 12

    4

    Lawyers agree

    Answered . You can maintain your recipes as trade secrets and have your employee execute confidentiality agreements.

    Michael
    www.shimokaji.com

    The answer provided is only for general information purposes and does not constitute legal advice.

Related Topics

Trade secrets and small businesses

A trade secret is an idea, process, or formula that gives the owner a competitive edge, and certain laws protect them from becoming public.

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