In theory, yes, because a recipe
is a composition of matter (new drugs are patented all of the time), but your
patent application will probably be rejected by any Patent Office in any
country around the world as your recipe is probably an “obvious” variation of
some similar recipe that everyone else was already using. If you try to patent
your recipe as a new method of cooking, you run into the same problem that your
recipe could be considered an obvious variation of other cooking methods that
other people have been using for years. Minor improvements to a preexisting
method or composition are hard to patent, as trivial improvements are usually
regarded to be obvious variations of an old device, and are not patentable.
Not to mention the fact that you
have apparently been selling your secret stuff for years, and public use or
sale of a new product puts it into the public domain, and no one can patent it,
ever, if it is already publically known (in the US, you get a 12 month grace
period, but if you have been selling your secret sauce to the public for
“years”, that sounds like you are past the 12 month deadline by possibly
several years).
i would agree with the guy who
said that you would be better off trying to keep your recipe a trade secret.
Obtaining a patent is time consuming and expensive, and there is no guarantee
that you will actually get a patent when it is all said and done. Simply
keeping a trade secret, by contrast, is as cheap and as easy as keeping your
mouth shut.
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