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How do I get a patent for a business name and recipe?

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Attorney answers (3)

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Reputation Level 13
Neither a business name or a recipe are proper subjects for patent protection. The business name, if also used to identify the goods or services, can be protected as a trademark or service mark. There is protection available at the federal and state levels via a registration process. You also have common law rights that arise without a registration process, but are limited in scope.

A recipe, just like KFC's secret blend of herbs and spices and Coca-Cola's syrup formula, is protected as a trade secret. To do this you need to plan and implement a trade secret protection program. If these proprietary assets (trademark/service mark and recipe) have demonstrated value in the marketplace, then you might consider franchising as a way to quickly expand and capture market share before others do. Consult with a franchise attorney or franchise expert about your situation.

Kevin B. Murphy, B.S., M.B.A., J.D.
Mr. Franchise
2 people marked this answer as good

Reputation Level 8
It is unlikely that you require a patent for your business. See the link for types of intellectual property. Most likely you need a trademark on the name. You can check the US Patent and Trademark Office for conflicting marks. Regarding the recipe, they are usually protected as trade secrets and agreements with employees. A copyright would protect the writting but would put the recipe in the public domain. I would contact a local attorney that handles franchising, intellectual property and business organizations to assist you.
1 person marked this answer as good

Reputation Level 12
The business name would be protected by a trademark.

The recipe could be protected by a process patent, but more likely would be best kept as a trade secret.

All of these require strict legal action and can be complicated.
1 person marked this answer as good

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