Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › how can i patent a recipe i saw on pinterest?
New Posts  All Forums:Forum Nav:

how can i patent a recipe i saw on pinterest?  

post #1 of 37
Thread Starter 

Hi,

I found a great idea on Pinterest that was posted by Cake Journal.

can i use this recipe and the whole look and have it patented?

post #2 of 37
Quote:
Originally Posted by Viennagirl View Post
 

Hi,

I found a great idea on Pinterest that was posted by Cake Journal.

can i use this recipe and the whole look and have it patented?

 

You found a recipe and idea on Pinterest and want to patent it as your own?

Let's eat grandma. Let's eat, grandma. Punctuation saves lives.
Let's eat grandma. Let's eat, grandma. Punctuation saves lives.
post #3 of 37
Hahaha, cake trolls make me laugh icon_smile.gif
post #4 of 37

Possible?  That answer can be answered here:  http://www.ipwatchdog.com/2012/02/10/the-law-of-recipes-are-recipes-patentable/id=22223/ 

 

Should you' ethically take someone else's intellectual property, claim it as your own, and protect it from use by others including the person who created it?  If you don't know the answer to that question, you are beyond any help I could offer.

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
post #5 of 37

Of course you can.  You can either call a patent lawyer, or learn how to file the patent yourself.

 

Liz

Follow me on my Twitter handle: @Sugar_Iowa

Or on Facebook: https://www.facebook.com/SugarFineBakedGoodsAndConfections

Follow me on my Twitter handle: @Sugar_Iowa

Or on Facebook: https://www.facebook.com/SugarFineBakedGoodsAndConfections

post #6 of 37

But the real question is should you patent someone else's intellectual property . . .

 

Liz

Follow me on my Twitter handle: @Sugar_Iowa

Or on Facebook: https://www.facebook.com/SugarFineBakedGoodsAndConfections

Follow me on my Twitter handle: @Sugar_Iowa

Or on Facebook: https://www.facebook.com/SugarFineBakedGoodsAndConfections

post #7 of 37
Hey, why not. A photo thief the other day said, in defense of her actions, and I quote, "anything on Google is fair game." Yep...sounds about right to me. icon_razz.gif
*Top 100 Designers in The USA, Brides Magazine, 2013*<---little ole' me!
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
*Top 100 Designers in The USA, Brides Magazine, 2013*<---little ole' me!
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
post #8 of 37
But let's see it first so we can all get the jump on you.
*Top 100 Designers in The USA, Brides Magazine, 2013*<---little ole' me!
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
*Top 100 Designers in The USA, Brides Magazine, 2013*<---little ole' me!
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
post #9 of 37
Quote:
Originally Posted by AZCouture View Post

But let's see it first so we can all get the jump on you.

 

;-D

Let's eat grandma. Let's eat, grandma. Punctuation saves lives.
Let's eat grandma. Let's eat, grandma. Punctuation saves lives.
post #10 of 37
It typically costs around $10K to file for a patent. Best of luck to you.
post #11 of 37
post #12 of 37

  I am amazed that you would come on to a cake site and ask bakers/designers who spend much of their time, money and ingredients to come up with new and innovative ideas, and ask them if you can patent an idea that is clearly not your own because you saw it on Pinterest.    Really?  Please let us know you're not serious.

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

post #13 of 37
So the best answer for you is..no, not a good idea.
*Top 100 Designers in The USA, Brides Magazine, 2013*<---little ole' me!
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
*Top 100 Designers in The USA, Brides Magazine, 2013*<---little ole' me!
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
post #14 of 37
Thread Starter 

Thank you very much for your answer!!

I didn't mean copy the whole recipe completely, just change it enough to make it mine, which is what everybody does. all recipes come from one or another.

sometimes you get a great idea looking at something that just strikes you.

i appreciate your help!

post #15 of 37

Recipes are exempt from copyright laws. From the US copyright office:

 

"Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook."

 

So, the only thing that could possibly be a problem is copying the instructions verbatim.  As long as the instructions are described a little differently, not a problem sharing the recipe.  As recipes are made to do.

 

And this is what a patent is:

 

"A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions. 

The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention."

 

So, since you didn't invent it, prolly not.

New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Cake Decorating Business
This thread is locked  
Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › how can i patent a recipe i saw on pinterest?