The Recipe for Legal Protection of Culinary Creations

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The culinary world presents unique challenges when it comes to intellectual property protection. While chefs, food bloggers, and recipe developers invest considerable creativity and effort into their recipes, the legal landscape surrounding recipe protection is surprisingly complex and often counterintuitive. Understanding how copyright, trademark, and patent law apply to recipes is crucial for anyone in …

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Understanding Section 101 Patent Subject-Matter Eligibility

101 patent patent eligible subject matter

Section 101 of the Patent Act, establishes the foundation for what constitutes patentable subject matter in the United States. The seemingly straightforward language – “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” – has generated decades …

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Note on the Useful Articles Doctrine in Copyright

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Copyright law broadly protects creative works and the human endeavors required to create an original work of authorship. However, creativity should not be confused with utility. A dictionary definition for “creativity” is “ability to make or otherwise bring into existence something new.” A definition for “utility” is “the quality or state of being useful.” A …

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New Approved AVAs

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The Tax & Trade Bureau of the U.S. Department of the Treasury has approved four new American Viticultural Areas (AVAs) this year: Contra Costa, Comptche, Yucaipa Valley, and Upper Cumberland. The first three are in California, and the Upper Cumberland AVA is in Tennessee. An AVA is the US designation of appellation of origin (AO), …

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The Enablement Requirement Requires More Than Just “Two Research Assignments,” says SCOTUS

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On May 18, 2023, the U.S. Supreme Court released its long-awaited decision in Amgen Inc. v. Sanofi,[1] which touches on a formal requirement for patentability, the enablement requirement.  In a unanimous ruling, the Supreme Court held that where a patent claims an entire genus, the specification must enable one skilled in the art to make …

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U.S. Patent No. PP35,001 P3 Blueberry Plant Named ‘C15-270’

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U.S. Patent No. PP35,001 P3 (‘001) issued on February 28, 2023 for “Blueberry Plant Named ‘C15-270’.”  It was issued to inventors Jessica Scalzo & James W. Olmestead and applicants/assignees Costa Berry International Pty Ltd. of Ravenhall, Australia, and Florida Foundation Seed Producers, Inc., of Marianna, Florida.  The ‘001 patent is a plant patent under 35 …

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