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Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31017
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi , I have a recipe/formulation for a kind of hot sauce. Is

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Hi , I have a recipe/formulation for a kind of hot sauce. Is there anyway to make IP claims on the formulation? Thanks, Matt

Kirk Adams : Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for using JA! I'll be glad to assist you.
Kirk Adams : In most cases the typical recipe cannot be patented because they won’t be unique enough. However, it is possible to obtain a patent on a recipe IF there is a unique aspect, perhaps if there is something counter-intuitive or a problem (such as shelf live or freshness) is being addressed. The catch would be identifying a uniqueness that is not something one would typically think to try.
Kirk Adams : Thus, if a unique characteristic can be established, then it is possible - - but difficult.
Kirk Adams : Thanks for allowing me to assist you, and if you have any additional questions, please do not hesitate to ask.
Customer:

Hmmm....thanks, XXXXX XXXXX quick follow up...we are making a Moroccan hot sauce which has a very traditional recipe. But to adapt the flavor and to make it unique we added Mexican pickled onions, carrots, and jalapeno - that no Moroccan sauce has. Its a fusion of cultures/cuisines. I don't know if that is unique enough. Any thoughts appreciated. Thanks,

Kirk Adams : Hi - -
Kirk Adams : I order to be UNIQUE, it would have to be something that someone would not typically do in order to be patentable.
Kirk Adams : This doesn't meant that you can't bottle, market and sell your product - - you CAN.
Kirk Adams : However, if someone else comes along and copies your recipe, but maybe changes one little thing, you couldn't likely successfully sue and stop them from marketing their product.
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