QUESTION

Is there a patent of making stuffed crust pizza?

Asked on Sep 09th, 2013 on Patents - Nebraska
More details to this question:
Is the patent of making stuffed crust pizza for a certain pizza place expired? Can we research on it, making it better and apply it in our restaurants? Thank you.
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4 ANSWERS

Intellectual Property Attorney serving Southfield, MI at Gerald R. Black
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In order to be patentable, the invention must be new, useful, and not obvious. Recipes are indeed patentable subject matter and protectable either by defining a new and useful process or as a composition of matter. One way to overcome an obviousness rejection is to demonstrate to the Patent Examiner that there are certain aspects of the recipe that are counter-intuitive. So if you are going to try and patent a recipe ask yourself are there any process steps that are unique, or even bizarre. One disadvantage with trying to Patent the recipe is that the inventor must make a full disclosure of the recipe including the ingredients and the process for making the product. If the Patent does not issue, there is the risk that the recipe will be disclosed to the public if the Patent Application is published. Another option that should be considered is to keep the recipe a trade secret. The recipe for Coca-Cola was kept a trade secret for over 100 years. However, the company must go to extraordinary lengths to keep the recipe secret even from its own employees. It is advised that you seek the advice of counsel on this matter to determine the best way for you to go forward.
Answered on Sep 10th, 2013 at 6:40 AM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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You don't want to ask that question online in a public forum. You should go talk with a patent attorney in private.
Answered on Sep 09th, 2013 at 1:00 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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You can search for pizza patents on the USPTO website - www.uspto.gov and at the Google patent website - www.google.com/patents - among others. If you find a relevant patent during your search - you should contact a patent attorney for more information before you take any further action.
Answered on Sep 09th, 2013 at 9:16 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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You can search the patent records at the U.S. Patent and Trademark Office's website: www.uspto.gov.
Answered on Sep 09th, 2013 at 9:09 AM

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