Can Recipes be Patented?

According to Title 35 of the United States Code, Section 101, a patent can be granted for any

“new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”

This raises a question regarding food, especially if food recipes can be patented?

There is no clear-cut answer as for a product be patentable, an invention must also be “novel” and “nonobvious,” as determined by 35 U.S.C. 102 and 35 U.S.C. 103, respectively. However, there have been records of patents granted to specific recipes as an inventor can patent a process, machine, manufacture, or composition of matter. Based on these conditions the food must be new, useful, not obvious, and meet the other disclosure requirements for patentability. In other words, yes, it is possible to get food recipes patented.

Despite the ability to patent food recipes (provided that it satisfies all conditions), it would be advisable (and more easier) to treat recipes as trade secrets since this Intellectual Property classification does not require the “inventor” to publicly disclose any details regarding his/her recipe. This is not the case for recipe patents.