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How to copyright a recipe?

Patents & Trademarks Discussion Forum

How to copyright a recipe?

Postby amdt57 » Fri Apr 01, 2011 7:46 am

I have a recipe that i am trying to start a business producing but I want to protect my recipe do I have it copyrighted or would I want a patent? Can you trademark a recipe?
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How to copyright a recipe?

Postby ji » Fri Apr 01, 2011 7:54 am

You can NOT copyright recipe ingredients.

You can ONLY copyright the recipe instructions on how to make the recipe.
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How to copyright a recipe?

Postby webb » Fri Apr 01, 2011 8:09 am

Unfortunately you CANNOT copyright the recipe, they are pretty much public domain. You CAN copyright/patent the process of making it though. Coke's secret formula is a secret because they can't copyright it, so once the secret gets out everyone can make Coke.

You cannot trademark ingredients, because they are not "unique". You may remember that Bill Gates and Microsoft tried to copyright windows and a judge said that it was too common a word, i.e. lacking uniqueness.
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How to copyright a recipe?

Postby seager » Fri Apr 01, 2011 8:13 am

To protect your recipe do not reveal it to anyone you don't 100% trust. If employees need to make the recipe provide them with a premixed spice kit or whatever so they are only assembling and don't know the "secret" ingredients. This is what the big companies do because they realize that is the only way to really protect it.
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How to copyright a recipe?

Postby jorel » Fri Apr 01, 2011 8:27 am

You have to describe the preparation instructions of your recipe in such a way as to be totally unique to get a copyright on it. any one can combine the ingredients so they are not copyrightable. Just the preparation instructions.

Trademarks are those such as Coca Cola, Kentucky Fried Chicken, etc and their seasoning ingredients are a trade secret.
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How to copyright a recipe?

Postby hagaleah » Fri Apr 01, 2011 8:29 am

if you are planning to enter your recipe into a book you can have the book protected by other printing companies ,as far as the recipe goes once you have written down the ingredients everyone will have access to your recipe ,so if you want your recipes to remain protected by YOU Only don't give out the ingredients and if anyone asks you for the recipe you just decline , Once you shared it's not your anymore.
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