NEVADA INVENTORS ASSOCIATION
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Date: Sunday, June 29, 2003 4:25 PM
Question: can I patent a Candy product
Dear Daniel, This is not an unusual question you have. And you're to be congratulated for being creative. The recipes
for food are in the same category as chemical formulas for products like cosmetics, medications, paints, cleaning
products, etc. They all have one thing in common -- they're formulas, or recipes. Now formulas can be patented
if they are unique -- new -- unobvious, etc. but the question is, would you want to?
If you patent a recipe it is necessary to publish it when the patent is issued. So because it is a recipe, when
it is patented it is no longer private property. It is published for the public to see. Now in order to police
the protection of your patent you would have to stop anyone and everyone from making, using, selling or copying
your recipe. To me that seems like an impossible task. So my suggestion is that you keep your recipe secret as
long as you can, and protect your product with a trademark and your recipe with a copyright. Both are inexpensive
methods of claiming proprietary rights.
To start the trademark protection, just put a small "TM" in superscript behind the name or logo that
you wish to trademark. And make sure that mark appears everytine the name or logo appears. Then when you sell the
product in interstate commerce you can apply for a registered trademark with the U.S. Patent and Trademark
Office. Go to the patent office website to obtain information about trademarks. They will send you a booklet describing
the process, or possibly at a local library or bookstore. http://www.uspto.gov As far as marketing your candy,
I can not tell you how to do that. I suggest that when you come up with a good name and/or logo for your product,
and get that protected by establishing your mark on it, you might contact a candy company and ask them how you
can submit a new product to them for a purchase by them.
If you want to manufacture and sell the product yourself, I suggest you go to your local office of the Small Business
Development Centers, or Small Business Administration and ask their help. It is usally free.
Best of luck, Don Costar
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