Can I patent a recipe that uses patented ingredients? 4 Answers as of January 19, 2011

I want to patent my recipe which uses ingredients available at super market.
The main ingredient in my recipe is manufactured by a renowned company who has a patent on it. Can I still have a patent on my recipe because i'm adding some other ingredients to it.

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
YES It would be a method on making whatever it is listing the specific steps and ingredients.
Answer Applies to: Oregon
Replied: 1/19/2011
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
Yes, you can obtain a patent on a product that uses a patented ingredient. Your use of the patented material in your recipe, to be patentable, must not be obvious over the uses of the patented material described in its patent(s) and uses thereof.
Answer Applies to: Ohio
Replied: 1/19/2011
Fish & Associates, PC
Fish & Associates, PC | Robert D. Fish
The answer is that under a legal principle called "exhaustion", you likely escape infringement if you purchase the material from an authorized source. For example, you don't infringe any Everyready (tm) patent merely by using an Everyready battery in your clock radio. But if you manufacture the battery yourself, then you would infringe. Its not quite that simple, but that's the gist of it.
Answer Applies to: California
Replied: 1/17/2011
Malhotra Law Firm, PLLC
Malhotra Law Firm, PLLC | Deepak Malhotra
Yes, it is possible to patent a recipe that uses patented ingredients, just like it is possible to patent mechanical inventions that use patented parts. Keep in mind that obtaining a patent does not mean that you will not be infringing someone else's patent.

The recipe has to be new and non-obvious. Non-obvious usually means more than just adding an ingredient or two. If you have sold the resulting dish for more than a year, it is probably too late. You have to file an application within one year of the first sale, offer for sale, or publication. Recipes are claimed like chemical compositions. It is best to find a patent attorney with a chemical engineering background to help you patent a recipe.
Answer Applies to: Washington
Replied: 1/16/2011
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