How To Patent a Recipe in the Philippines | Brealant

1. How To Patent a Recipeinthe Philippines?| Brealant Keep in mind thatyour recipe must be non- obvious, unique, and helpful to bepatented. Presnted by Alicia owens Markeitng Director Brealant.com

2. Whatisthebestway topatentarecipe? If you have a unique recipe on your hands, you should ask yourself this question. Keep in mind that your recipemustbenon-obvious,unique, andhelpfultobepatented. Chefs and home cooks have been making deliciousrecipesforcenturies,socomingupwith something"fresh"or"unique"mayseemdifficult. However, you may have something unique or novel, in which case a recipe patent may be an alternative.Ifthosecriteriaaren'tmet,andapatent can'tbeobtained,it'svitaltonotethattheremay beotherlegalprotectionsavailabletoyou,such astradesecrets,whicharedetailedfurtherdown.

3. WhatQualifies Something AsPatentable? It's critical to comprehend what qualifies somethingaspatented.Apatentcanbeobtained by anyone who finds or invents a useful or the innovative machine, process, composition of matter, or manufacture, according to Section 35 USC101. Becausetheyaregenerallyuseful,entailamaster of composition, and include a new skill or procedure – especially as new kitchen devices are produced – recipes can often fulfil that criterion. So, keep an open mind when deciding whetheryourrecipeispatentable.It'spossible!

4. 07 Isyourrecipeone- of-a-kind? Whatdoestheterm"novel"imply?Itsmostbasicform referstoanythingthathasneverexistedbefore.Whe it comes to patenting a recipe, that word can be misleading. In reality, determining whether or not particularingredientshavebeencombinedinarecip beforecanbedifficult. SearchingtheUnitedStatesPatent&Trademark Office(USPTO)databasetoseeifyourrecipehas already been patented by someone else is the best technique to assess whether your recipe is original.Youcanalsousetheinternetandcheck through cookbooks to see if any dishes are comparable toyours. Unfortunately,supposeyoulocateyourpreciserecipein any of those sources (every component is already mentioned). In that case, you may not be qualified for a patent because someone else may have patented the recipefirst.Therecipeisconsidered"disclosed"because it has previously been "published." If you can't locate your precise recipe (or if it differs in some manner) in either of those areas, you should see if it meets any furtherrequirements.

5. 13 IsYourRecipeNon-Obvious? Recipesthatuseanovelcombinationof componentsortechniquestogetnon-obvious effectsmaybepatented.However,yourpatentwill mostlikelyfailifyourrecipeisobvious(adding chocolatechipstoproducechocolatechipcookies). Thethingtoaskisiftherecipewouldsurprisea seasonedcook.Itisneverenoughtoaddanew componentorswirlthemixtureclockwiseratherthan counter-clockwisetogetapatent.Forexample,you mightbelieveyou'reontosomethingwhenadding nutmegtoyourchocolatechipcookies. However,thatisn'tusuallyconsideredan "obviousenough"alterationtobepatentable,as seasonedcooksareawarethataddinganother spicewillalterthedish'sflavor.Rememberthat therecipemustbe"unique."

6. 08 IsYourRecipe Practical? Toobtainapatent,therecipe mustbeuseful.Agoodrecipe works andiscompletely functional.However, somethingishelpfulifit works,regardlessofhow clumsy itis. Therearetwodifferenttypesofdeficitsto beawareof.Onehastodowithhowthe invention will be used, which is unclear fromthedescription.Theotheriswhena non-credible applicant claims the invention's utility. Both are extremely unusual,yettheyarecrucialtoremember.

7. Determine thetype of patent you require. Many recipes necessitate filing a utility patent, which protects a new invention with practical use. A utility patent protects novel processes, methods, machinery, gadgets,manufacturedgoods,chemicalcompounds,or enhancementstosuchprocessesorthings. Autilitypatentwouldlikelycovermanyrecipesunless your packaging strategy is unique and requires its patent.Ifthat'sthecase,youshouldalsoconsiderfiling for a design patent. Finally, if your recipe requires internationalprotection,youshouldfileaglobalpatent application. 10

8. Workingwithanattorney tofileyourpaperworkis a goodidea. Filing patentpapers may appear to be a daunting undertaking. On the other hand, many patent lawyers specialize in completing all of the necessary documentation for the USPTO. Although you can complete and submit that form independently, the USPTOadvisesthatyouemployanattorneytohelpyou handlethepaperworkandensurethatyousubmitallof the essentialpapers. Whetheryoufilethemyourselforhireapatentattorney to handle them for you, these papers are filed to the patent office electronically. The patent application shouldbesubmittedeitherbynormalmail(for$400)or online(for$400less). 12

9. 07 Waitfortheapproval or rejection of your application. The patent office will contact you once your invention has been approved, and you will be required to pay a publication and issue fee before your patent may be awarded.Ifyourpatentapplicationisrefused,youwillhave theoptiontoappealthejudgmentormakethechangesthat the patent office suggests. You can then resubmit your patentapplicationforasecondopinion. Consider declaring your recipe a "trade secret" if your patentapplicationisdenied,butyoustillwanttoprotect it.Anyonewhoknowsthesecretwillbeaskedtosigna non-disclosure agreement (NDA) for the formula to remainconfidential.

10. Step-by-Step Procedurefor FilingaRecipePatent Applying When you apply for the USPTO, the agency will searchyourrecipethoroughly.Youmustconduct your search to ensure that your recipe will pass theUSPTO'sscrutiny.Youcanlookforyourrecipe ontheUnitedStatesPatentandTrademarkOffice website, and many public libraries have patent volumes.Keepinmindthatyoucanalsoemploya skilledpatentattorneyorpatentfirmtosearchfor you. AccessthePatentElectronic BusinessCenterontheUSPTO website. Toreceiveacustomernumberanddigitalcertificatefrom thefilingsystem,clickontheElectricFilingSystemlink. Applyingforautilitypatent You'll submit a Patent Class 426 application for foodorediblestuffthat'smeanttobeeaten.You mustfirstselectwhethertheapplicationshould be non-provisional or provisional and then accurately explain the recipe using broad phrases that can incorporate any formula adjustments. 12

11. Paythe filing fee TheUSPTOacceptsdepositaccounts,bank accountwithdrawals,andcreditcards.Even if your application is later dismissed, filing feesarenon-refundable.Youcancheckthe USPTO standards to see if you qualify as a small entity, in which case your filing fees willbecutinhalf. Sendtheapplicationtobe processed Your application is formally submitted in this final step. Although non-provisional applications can take up to two years to process, you can check the progress of your patentapplicationatanytimeusingthesystem loginandpasswordyougenerated. 12