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Is it possible to sell a recipe that has not been patented or trademarked? I have several recipes that a buyer is interested in, because we are trying to sell our restaurant.
2 ANSWERS
Normally a recipe can not be protected under intellectual property laws. However, it may be considered a trade secret if it is something more than your average recipe and you've kept the details secret. If so, you can include it as an additional part of the sale of the restaurant and increase the price accordingly.
Answered on Jun 12th, 2015 at 9:01 PM
Appellate Litigation Attorney serving Boston, MA
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Yes - if you are the author (creator) of the recipe - you can sell it for any amount you want. If you are NOT the author (creator) - then the recipe is not yours to sell. It belongs to the original author (creator). This is covered by US Copyright law.
Answered on Jun 12th, 2015 at 1:03 PM