Patenting a recipe

[Mallet]

I've always thought that recipes per se were not patentable, but certain techniques could be. I randomly came across this patent today, which seems to indicate otherwise

http://www.freepatentsonline.com/5264240.html

The invention relates to the use of fenugreek (Trigonella foenum-graecum) for refining the taste of soy sauce, fish sauce, or combinations thereof and to solid and liquid condiments produced by the inclusion of fenugreek in soy sauce, fish sauce, or combinations thereof.

We claim:

1. A condiment containing no HVP-flavoring lactone, having a HVP-like taste and consisting essentially of from about 5 to about 20% salt, from about 1 to about 30% ground fenugreek seeds, from about 0 to about 80% water, from about 0 to about 70% soy sauce and from about 0 to about 70% fish sauce, wherein the total combined percent by weight of the soy sauce and fish sauce in the condiment is from about 10 to about 85%.

2. A condiment according to claim 1, which further comprises from about 0.1 to about 10% lovage root or from about 0.1 to about 10% ground celery leaves or from about 0.1 to about 10% tamarind powder or from about 0.1 to about 5% citric acid or from about 1 to about 30% yeast extract or from about 1 to about 10% glutamate, and combinations thereof.

3. A condiment containing no HVP-flavoring lactone, having a HVP-like taste in liquid form and containing:

a) about 10 to about 50% soy sauce,

b) about 5 to about 50% fish sauce,

c) about 10 to about 20% common salt,

d) about 1 to about 30% fenugreek extract,

e) about 20 to about 70% water,

f) about 0.1 to about 5% lovage extract,

g) about 1 to about 5% tamarind powder,

h) about 1 to about 30% yeast extract, and

i) about 2 to about 8% glutamate.

4. A condiment containing no HVP-flavoring lactone, having a HVP-like taste in solid form and comprising about 0 to about 60% soy sauce powder and about 0 to about 60% fish sauce powder, wherein the above components comprise about 20 to about 85% of the total weight, and which further comprises about 10 to about 20% common salt, about 1 to about 30% fenugreek, about 1 to about 5% tamarind powder or citric acid, about 0 to about 30% yeast extract powder, about 0 to about 5% glutamate, and about 0 to about 5% lovage powder.

5. A condiment containing no HVP-flavoring lactone, having a HVP-like taste in liquid form, containing:

a) about 10 to about 15% soy sauce,

b) about 5 to about 10% fish sauce,

c) about 15 to about 20% common salt,

d) about 1 to about 5% fenugreek extract,

e) about 50 to about 55% water,

f) about 0.1 to about 0.5% lovage extract,

g) about 2 to about 5% tamarind powder,

h) about 1 to about 3% yeast extract, and

i) about 4 to about 6% glutamate.

6. A liquid condiment containing no HVP-flavoring lactone, having a HVP-like taste consisting essentially of from about 10 to about 30% soy sauce, from about 10 to about 20% salt, from about 8 to about 16% ground fenugreek seeds and from about 40 to about 60% water.

7. The condiment according to claim 6, wherein the ground fenugreek seeds include roasted, ground fenugreek seeds.

8. The condiment of claim 6 which further comprises fish sauce.

9. The condiment of claim 6 which further comprises from about 2 to about 15% fish sauce.

10. A liquid condiment containing no HVP-flavoring lactone, having a HVP-like taste consisting essentially of from about 10 to about 30% fish sauce, from about 10 to about 20% salt, from about 8 to 16% ground fenugreek seeds and from about 40 to about 60% water.

11. The condiment of claim 10 wherein the fenugreek seeds are roasted.

12. A liquid condiment containing no HVP-flavoring lactone, having a HVP-like taste consisting essentially of from about 10 to about 30% soy sauce, from about 10 to about 20% salt, from about 1 to about 5% fenugreek extract, and from about 50 to about 70% water.

13. A liquid condiment containing no HVP-flavoring lactone, having a HVP-like taste consisting essentially of from about 10 to about 30% fish sauce, from about 2 to about 20% salt, from about 0.1 to about 5% fenugreek extract and from about 50 to about 70% water.

14. The condiment of claim 13 which further comprises from about 2 to about 15% fish sauce.

It seems that the "inventors" are claiming not only one recipe, but a whole category of recipes! This just doesn't sit right with me, and could serve as a springboard for further discussion. what do you think?

[WHT]

In order to patent the sauce you need to explain whats in it. The final result being granted the patent but not the formula.

[k43]

IAAL.

Intellectual property law is in ferment today, and lawyers are working very hard to expand what's eligible for the legal monopoly created by patent and copyright protection. Among the things being submitted for patents are food products that no one would have thought to claim a few years back.

Claimed inventions that are "obvious" to those of "ordinary skill in the field" are not patentable. However, the US Patent and Trademark Office has been very generous in granting patents, and things that IMHO are glaringly obvious have sailed through.

However, recently, the US Supreme Court broke up the feeding frenzy, holding that there should be a much stricter test for obviousness.

The patent world is in an uproar, and I think one of the first things to go will be the sort of "invention" made by adding an extra ingredient to a recipe.

Time will tell.