To copyright or not to copyright a recipe?

[Eddie]

Hi all,

I have an old family recipe that I'm thinking of taking to market. After reading From Kitchen to Market I believe my next step is to take this recipe to a co-packer and evaluate if my recipe can be converted to a manufacturable form.

Before doing this, I was considering getting a copyright (if even possible) of the recipe to protect it. My question is can I do this and if its even worth it? Should I wait and copyright the manufactured version?

Thanks for this great resource Steve!
Eddie

[IMKENOBI]

Hi Share,

Can't tell you how often I get this question. It is a natural thing to want to protect one's "baby."

Having said that, may I suggest a possible scenario:

- You sign a contract with a co-packer (presumably and honest one). The copacker converts your home recipe into one that is commercially viable. You succeed in selling your product to many stores. Then one day, a big food company sees your product. Then there will be two possibilities:

1. They will either copy it. Shoot you out of the saddle, so to speak, or
2. Make you an offer you cannot refuse. :-)

So, the point is: Why copyright?

Also, just to clarify, trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention.

Does this help?

Cheers,

Steve

[Eddie]

Thanks for the response Steve. It definitely helped. You actually answered my question at the start. Upon signing a contract with the co-packer I should have the protection I need to move forward.

Now my next step is to find an honest co-packer near me (Miami, Florida). If you have any recommendations I would appreciate it.

Cheers!
Eddie

[IMKENOBI]

May I suggest that you find a co-packer and then ask for references.
Try the co-packer list at our www.specialtyfoodresource.com page, or contact the NASFT c/o [e-mail] for their listing.

Steve

[RMontague]

Eddie,

Congrats on your decision to move forward on taking your recipe to market. I am in Florida and have numerous co-packing connections that may be able to help you. I'd need to know what type of product you are planning on producing though.

Also, as for copyright/trademark/patents, to the best of my knowledge, a recipe cannot be really be protected by any of the aforementioned (as Steve basically pointed out). You can trademark your company name/logo/brand, but patents are only applicable to the process (for food anyway). For example, I was dealing with a company that made a stuffed, chocolate covered strawberry and they were only able to patent the stuffing process, not the recipes.

Hope this helps.

[Robin Schwartz]

In actuality, this is my understanding of the law as it pertains. You can copyright a recipe but it's not really necessary unless it's some complicated formula like Coca Cola. The problem with copyrighting a recipe (or with any other trademark or patent protection) is that anyone can "back engineer" it and, if they're successful, they can use it without your permission or any royalty payment. So recipes are usually not copyrighted but, rather, they're considered "trade secrets". So you always want companies with whom you're doing business to sign confidentiality agreements if the nature of your relationship with them means having to divulge the "trade secrets".

[Phyllis]

Robin: Your information here is just what I am looking for, so thank you. When you talk about a confidentiality agreement is there someplace online I can download one? Also, would a 'non disclosure' agreement do the same thing?
I have 2 original recipes that I will be working with an existing commercial bakery which is owned by a friend. They have enjoyed these products whenever I have made them & would like to add them to their line of homemade pies & cakes. I am really exicted about doing this as I've always wanted to market them. I am just looking to 'protect' my original recipes while we work together at their facility to reproduce them and going forward that they stay as my original recipes. What would you suggest to be the best way to go here?
Thank you

[Rick Sitzer]

Eddie, I am also in Florida, I have a bottled a sauce which sells great at some shops. How do I take it to the next level, I am very busy owning 2 deli's I would love to find someone to take it over and run with it