QUESTION
Can you sell something you made from an recipe found online?
Asked on Dec 22nd, 2010 on Patents - Michigan
More details to this question:
I have found this recipe online for a hot sauce. Everybody that has tried it loves it. They keep wanting more. The question is can I legally sell the finished product commercially? A potential business might want me to make it for them. This recipe was found on a website that shares nothing but recipes. So technically I do not know if the original poster created this or not. The question is, if I mass produce this, could they come back and say I stole their recipe? Thanks.
3 ANSWERS
Internet Attorney serving New York, NY
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Handal & Morofsky, LLC
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The question raises questions of copyright and patent law. Even if a recipe is copyrighted, you are free to sell the product. If, however, there is some patent protection on the recipe, there may be an issue. However, this is unlikely as recipes are quite difficult to protect with patents.
Answered on Dec 23rd, 2010 at 8:13 AM
Recipes for food are patentable. I cant tell you that just because it is published publicly that someone does not have a patent. You will need to perform a search for that,
Answered on Dec 22nd, 2010 at 2:58 PM
Patent Prosecution Attorney serving Troy, MI
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Young Basile Hanlon & MacFarlane P.C.
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The question for you and your attorney is whether this recipe is covered by a valid enforceable patent.
Food products and methods for making food products can be patented if the invention meets the statutory requirements of novelty, utility and nonobviousness. Novelty and nonovbviousness can be steep requirements given the prevalence of all kinds of recipes.
A good business opportunity like the one you outline warrants a little diligence. Discuss the specifics with your patent attorney. You very well may be busy making hot sauce in the future.
Answered on Dec 22nd, 2010 at 12:28 PM