The Recipe for Legal Protection of Culinary Creations

copyright patent trade secrets trademark

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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Alice in Wonderland: Software Patents in Light of Alice Corp. v. CLS Bank Int’l

101 patent patent eligible subject matter

By Brent T. Yonehara INTRODUCTION Alice Corporation v. CLS Bank International was recently decided by the U.S. Supreme Court in the closing days of its 2013-2014 term.[1] In Alice, the Supreme Court found that patent claims that do not “transform” from patent-ineligible subject matter to a patent-eligible invention were abstract ideas outside the scope of …

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