Competition in the restaurant business is intense and companies, in order to stand out from competitors, strive to create unique recipes, signature dishes, the method or technology of preparation of which can be protected with the help of patenting.

A patented recipe gives you a monopoly on the market and the ability to manage it according to your needs. For example, the copyright holder can sell a recipe to other manufacturers, cafe and restaurant owners, and also prohibit competitors from creating the same dish. Another advantage is that a patent is an intangible asset, which increases the value of the company.

If the rights of the legal owner of a patent for a recipe are violated, the violator can receive compensation of up to 5,000,000 rubles.

A recipe patent can be obtained by patenting an invention or industrial design.

For example, with the help of a patent for an invention, the composition of the products used, their ratio, quantity, as well as the method of preparing a dish are protected, where the main role is played by the sequence of actions, which leads to the expected result. In this case, the composition of the products, their weight quantity and ratio, the sequence of actions, what tools are used, temperature conditions, etc. are taken into account.

A design patent gives a monopoly on its design. Such a patent can even be obtained for a recipe for a well-known dish.

It should be remembered that a patent is protected only in the country in which it was received.

The main criteria for patenting include:

• Novelty - there should not be any similar recipe or method in the world.

• Inventive step - your recipe or method should not clearly follow from known dishes in the world.

• Industrial applicability—it should be possible to mass-produce products in production, even by the hands of chefs. If for some reason only one chef in the world can prepare a recipe, then patenting will be denied.

A patent application is filed with Rospatent. However, before sending it, it is necessary to check the recipe for patentability using closed and open databases of patent offices of different countries. That is, during the verification of its patentability, it is necessary to determine whether the applicant violates the requirements of the law.

An application for a patent for an invention, indicating the applicant’s data, is filled out according to the sample located on the FIPS website.

The claims describe the composition of the recipe with important features, including:

- restrictive features that characterize the claimed invention and coincide with its prototype;

- distinctive features indicating the differences between the new recipe and analogues that were discovered during the patent search.

The scope of legal protection is also determined. The recipe and the features of preparing the dish are described in detail in free form. The abstract contains an abbreviated description of the dish, drawings, photographs, drawings if necessary. Also attached to the package of documents is a receipt for payment of the state duty.

Rospatent conducts an examination of documents. At the first stage, a formal examination is carried out, during which the availability of documents necessary for patenting an intellectual property object and the correctness of their execution are revealed.

The substantive examination process examines the patentability of a recipe. If the experts' decision is positive, the applicant receives a patent and becomes the owner of the exclusive right to a unique recipe.

It should be remembered that a patent for an invention is valid for 20 years and must be renewed annually by paying a fee. After the termination of legal protection of a patent, anyone can use it.