The title explains it, also, how does one know if a certain food item has already been patented?
In: 8
In the US a recipe cannot be patented. Those are considered a simple list of facts which is not eligible for patent protection. If you invent a machine to make a dish, you can patent that machine, but not the dish itself.
You can patent a new idea. Considering your history, I’m going to assume you don’t have a new idea. You also can’t patent a “food item”, if there is precedence it just exists. You would need to come up with a new idea to patent it
https://en.wikipedia.org/wiki/Trade_secret
Basically, anything that a company tries to keep secret, and that has economic value in remaining secret, is protected under Trade Secret. KFC recipe, the Coke recipe, the Pepsi recipe, and several liquors, liqueurs, and syrups are protected this way.
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