Is it possible to Patent a food design?

Throughout the history of Industrial Property, it has been a challenge to identify what can and cannot be patented, because since its foundation many processes or elements that intended to be innovative or have an improvement of what already exists were patented. 

It would be inappropriate to say that it is not possible to patent a new type of food, since almost all existing recipes are already known and creating something new to register it as a patent is very complex. But there is a way to patent this type of inventions, through Industrial Designs. The invention has to improve something that is already created, and the inventor needs to know for sure that what it was invented hasn’t been produced by someone else. 

Hamdog. Picture taken from Hamdog press release. 

Hamdog. Picture taken from Hamdog press release. 

However, who decides to carry out this process and patent a food recipe or product should do a rigorous analysis and point a distinctive feature that differentiates its patent with other foods that are on the market.
 
Recently a young Australian who participated in a reality show called Shark Tank,  created the Hamdog, a mixed that blends the bread of a hamburger with a hot dog. The patent was granted as a design, for a period of 14 years. This idea might have occurred to anyone who loves ¨junk¨ food but what it matters is who patents first the invention and gets legal advice just like the inventor of Hamdog did. 

What you should do if you want to register a Patent?

•    You must keep in mind that your invention is innovative and unique.
•    It is extremely important to conduct a thorough search in specialized or informal, cooking books, blogs and TV shows. 
•    Search on the Internet information relevant to your invention or product.
•    Get legal help of a lawyer in order to get accurate information to verify that someone hasn’t register first your creation. 

What role do lawyers have in the process of a patent registration?

Lawyers who handle patent procedures should be specialized in this area and Intellectual Property, so they can advise the client in each step of the patent registration.

Sometimes people who are not specialized on Intellectual Property doesn’t know all the requirements that needs to be submitted in a patent application. This is why having a legal advice from lawyers is important in the process, they know how the Official Patent Offices are handle. Also, they are capable of counseling the customer in case the invention may be subject to office actions or denied for lack of distinctive elements.

So, if you have an unique recipe or an innovative food that can be patented as a design, contact us and we will do our best to protect your invention in Latin America.