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    Question

    Can Adding a new Ingredient to a Candy Be Patented?

    Hi, I have an idea for making candy's have a special taste. The candy will actually be dipped in this Ingredient before being packaged; so it will basically for a very thin layer over the candy and this will give it a special taste. Now, my question is can this be patented? I appreciate any feedback, Thanks, James
    a year ago 6 Answers

    Best Answer

    Chosen by Asker
    A new and non-obvious improvement to the art of candy making could be a patentable invention. 35 USC §§ 101, 102, 103. Whether its value would justify the $12,000 in filing fees and another $8,000 in legal fees to obtain merely a USA patent (which you're never going to enforce), remains to be seen. 35 U.S.C. 101 Inventions patentable. "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title." Before you accidentally destroy your rights by premature disclosure to others, please see a local patent attorney for advice, after you have read about what a patent is and the basic process of a patent application. http://www.uspto.gov/patents/process/index.jsp Patent process Add: FWIW, painting a car does not CHANGE the car into something different. Adding ingredients to candy CHANGES the candy into something different. Also, and inventive process of "painting a car" might be patentable, and the process of changing a candy might be, not to mention the chemical composition or interaction with new ingredients.
    a year ago

    Other Answers

    • bcnu is correct about THE PROCESS of candy-making: you can patent a process. But what you describe is simply adding an ingredient (dipping candy into an ingredient is not a new process or an improvement to the art), which is merely a change to a recipe, and recipes are not copyrightable. So, based on what you've said, there is nothing proprietary about what you want to do. That doesn't mean you couldn't make the candy and try to sell it, but there's nothing you could do to stop anyone else from doing the same thing. If this truly were a breakthrough ingredient, big candy manfuacturers would be all over it and put you out of business in about a minute and a half.

      by Cupcake's Princess - 18 hours ago

    • The "special: ingredient could be patented, if it is really special and not just melted sugar or something. Or if it is a special secret process...

      by Guido Sarducci - 18 hours ago

    • As noted above, a recipe change is not patentable. However, if your process or ingredient is particularly exciting (but not unique enough to warrant a patent), you may try licensing your idea to an existing candy company, large or small. I would advise suggesting the concept without the details to a marketing director or public relations person if you go to a large company, or anyone who might be in charge at a smaller one. If they are interested, you can send a very simply non-disclosure agreement (see Google Docs if you need help; they can be pretty basic), and once they sign by fax or email/scan, you can submit your idea. If they use it, they will market your idea with their name behind it, but you will receive a portion of the proceeds. You can make it a limited-time license and keep ownership, or you can offer to sell the idea outright for a flat fee if there is interest. An unlimited license option would allow you to keep this kind of partnership going indefinitely. A large company may want more legal forms involved, but a smaller company, if appropriate, may be willing to keep the formalities to a minimum. It may be the answer you need and a zero or very-limited investment to see your idea come to fruition, possibly with a good return, depending on the percentages to which you both agree. Good luck!

      by Matthew - 18 hours ago

    • Yes, very much.

      by Arup - 18 hours ago

    • thats like saying im going to paint a car red and sell it as a new type of car

      by sean - 18 hours ago

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